This is an official version.

Copyright © 2008: 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 2008


NEWFOUNDLAND AND LABRADOR REGULATION 22/08

NEWFOUNDLAND AND LABRADOR
REGULATION 22/08

Fish Inspection Ticket Offences Regulations
under the
Fish Inspection Act
(O.C. 2008-110)

(Filed April 23, 2008)

Under the authority of paragraph 4(1)(e.1) of the Fish Inspection Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, April 22, 2008

Gary Norris
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definition

        3.   Subsequent offences

        4.   Ticketable offence

        5.   Penalty for offence

Schedule


Short title

        1. These regulations may be cited as the Fish Inspection Ticket Offences Regulations.

Definition

        2. In these regulations "Act" means the Fish Inspection Act.

Subsequent offences

        3. (1) With respect to those provisions of the Fish Inspection Operations Regulations referred to in the Schedule for which the same penalty is applicable, a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction under those regulations, notwithstanding that the first conviction and subsequent convictions may be for different offences under the regulations.

             (2)  With respect to those provisions of the In-Province Retail Fish Establishment Regulations referred to in the Schedule a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction under those regulations, notwithstanding that the first conviction and subsequent convictions may be for different offences under the regulations.

Ticketable offence

        4. A violation of a provision of the Act or the regulations, listed in the Schedule or listed in subsection 5(2), is an offence for which a ticket may be issued under the Provincial Offences Act and regulations.

Penalty for offence

        5. (1) A person who contravenes a provision of the Act or the regulations is guilty of an offence and where the complaint is laid and summons issued by means of a ticket is liable for a first offence or subsequent offence, where applicable, to a fine in the amount prescribed in the Schedule or set out in subsection 5(2).

             (2)  A person who contravenes subsection 6(2), section 11, subsection 35(2), 35(3) or paragraph 19(d) of the Fish Inspection Operations Regulations is guilty of an offence and where the complaint is laid and summons issued by means of a ticket is liable to a fine in the amount of $500.

             (3)  Where a complaint is laid and a summons issued other than by way of a ticket, the penalties set out in the Act apply.


Schedule

Penalties

 

 

Penalty

Section and
subsection or paragraph

Regulations

Offence

A fine in the dollar amount indicated

 

 

 

First

offence

Second offence

Third and subsequent offence

3(4)

Fish Inspection Operations Regulations

Failure to display copy of license

100

200

500

4(3),(4),(5)

Fish Inspection Operations Regulations

Failure to adhere to agency agreement requirements

100

200

500

16

Fish Inspection Operations Regulations

Failure to mark carton or label as required

100

200

500

17

Fish Inspection Operations Regulations

Failure to mark master carton as required

100

200

500

18(b) - (f)

Fish Inspection Operations Regulations

Failure to market fish as per requirements

300

400

500

19(b),(c)

Fish Inspection Operations Regulations

Failure to adhere to requirements for the marketing of bivalve molluscs

300

400

500

20

Fish Inspection Operations Regulations

Failure to adhere to the requirements for the marketing of seals

300

400

500

21

Fish Inspection Operations Regulations

Purchasing v-notched lobsters or unbled and ungutted turbot

300

400

500

23

Fish Inspection Operations Regulations

Failure to adhere to standards for storage and transportation

300

400

500

24

Fish Inspection Operations Regulations

Failure to adhere to requirements for storage before processing

300

400

500

25

Fish Inspection Operations Regulations

Failure to adhere to requirements for the handling of fish.

300

400

500

26

Fish Inspection Operations Regulations

Failure to adhere to requirements for use of salt

300

400

500

27

Fish Inspection Operations Regulations

Using unclean ice or ice from an unapproved water source

 

300

400

500

28

Fish Inspection Operations Regulations

Failure to adhere to requirements respecting the  washing of fish

300

400

500

29

Fish Inspection Operations Regulations

Failure to adhere to sanitation requirements while handling or processing fish

100

200

500

30

Fish Inspection Operations Regulations

Presence of domestic animals contrary to requirements

100

200

500

31

Fish Inspection Operations Regulations

Failure to adhere to cleaning equipment and material requirements

100

200

500

32

Fish Inspection Operations Regulations

Failure to adhere to protective clothing requirements

100

200

500

33

Fish Inspection Operations Regulations

Failure to adhere to pest control requirements

300

400

500

34

Fish Inspection Operations Regulations

Failure to adhere to offal disposal requirements

100

200

500

35(1)

Fish Inspection Operations Regulations

Improper disposal of effluent and waste water

100

200

500

36

Fish Inspection Operations Regulations

Failure to adhere to floor sanitation requirements

100

200

500

37

Fish Inspection Operations Regulations

Failure to adhere to requirements with respect to doors

100

200

500

38

Fish Inspection Operations Regulations

Failure to maintain sanitation facilities as required

100

200

500

39

Fish Inspection Operations Regulations

Failure to adhere to requirements for cleaning and disinfecting equipment and utensils.

300

400

500

40

Fish Inspection Operations Regulations

Unauthorized use of wooden pallets or use contrary to requirements

100

200

500

41

Fish Inspection Operations Regulations

Failure to adhere to icing and chilling requirements

300

400

500

42

Fish Inspection Operations Regulations

Failure to adhere to shellfish processing requirements

300

400

500

43(1)

Fish Inspection Operations Regulations

Storage of processed fish contrary to requirements

100

200

500

43(2)

Fish Inspection Operations Regulations

Storage of odiferous or toxic substances contrary to requirements

300

400

500

43(3)

Fish Inspection Operations Regulations

Improper storage of equipment and material in certain areas

100

200

500

44

Fish Inspection Operations Regulations

Failure to adhere to requirements for storage and handling of fish products and ingredients

300

400

500

45

Fish Inspection Operations Regulations

Failure to maintain exterior areas as required

100

200

500

47

Fish Inspection Operations Regulations

Failure to adhere to requirements for fish holds, penboards and shelving

100

200

500

48

Fish Inspection Operations Regulations

Failure to adhere to requirements for construction and maintenance of fish handling equipment

100

200

500

49

Fish Inspection Operations Regulations

 

Storage of fish against bulkheads contrary to requirements

300

400

500

5

In-Province Retail Fish Establishment Regulations

Failure to adhere to floor surface or drain requirements

100

200

500

6

In-Province Retail Fish Establishment Regulations

Failure to adhere to interior wall surface requirements

100

200

500

7

In-Province Retail Fish Establishment Regulations

Failure to adhere to ceiling requirements

100

200

500

8

In-Province Retail Fish Establishment Regulations

Failure to adhere to overhead space requirements

100

200

500

9

In-Province Retail Fish Establishment Regulations

Failure to adhere to window requirements

100

200

500

10

In-Province Retail Fish Establishment Regulations

Failure to adhere to door and air-curtain requirements

100

200

500

11

In-Province Retail Fish Establishment Regulations

Failure to adhere to ventilation requirements

100

200

500

12

In-Province Retail Fish Establishment Regulations

Failure to adhere to lighting requirements

100

200

500

13

In-Province Retail Fish Establishment Regulations

Failure to adhere to requirements respecting toilet facilities

100

200

500

15

In-Province Retail Fish Establishment Regulations

Failure to provide disinfection facilities as required

100

200

500

16

In-Province Retail Fish Establishment Regulations

Failure to adhere to equipment surface requirements

100

200

500

17

In-Province Retail Fish Establishment Regulations

Failure to adhere to equipment requirements

100

200

500

18

In-Province Retail Fish Establishment Regulations

Failure to adhere to container requirements

100

200

500

19

In-Province Retail Fish Establishment Regulations

Failure to adhere to offal bin requirements

100

200

500

20

 

 

In-Province Retail Fish Establishment Regulations

Failure to adhere to conveyor requirements

100

200

500

21

In-Province Retail Fish Establishment Regulations

Failure to adhere to utensil requirements

100

200

500

22

In-Province Retail Fish Establishment Regulations

Failure to adhere to freezing facility requirements

100

200

500

23

In-Province Retail Fish Establishment Regulations

Failure to adhere to roller device requirements

100

200

500

24

In-Province Retail Fish Establishment Regulations

Failure to adhere to cooler requirements

100

200

500

25

In-Province Retail Fish Establishment Regulations

Failure to adhere to packaging and labelling materials storage requirements

100

200

500

26

In-Province Retail Fish Establishment Regulations

Failure to adhere to ingredients and additives storage requirements

100

200

500