This is an official version.
Copyright © 2006: Queens Printer,
Consolidated Newfoundland Regulation 1996
Under the authority of section 3 of the Food and Drug Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following regulations.
1. Short title
6. Food premises
8. Equipment material
11. Food contamination
12. Food containers
13. Hazardous food
14. Hazardous food processed
15. Frozen food
16. Milk etc.
18. Cans, containers etc.
22. Table covers, serviettes
24. Toxic substances
25. Utensil cleaning
26. Utensil sanitization
27. Employee clothing
28. Employee cleanliness
29. Sanitary facilities
30. National building code to apply
31. Catering vehicle
32. Mobile premises
33. Meat or fish
34. Processed meat or fish identification
36. Milk supply
37. Pasteurization and sterilization
38. Milk products considered pasteurized or sterilized
39. Cooling of milk products
42. Recording thermometer
45. Egg storage
46. Cracked eggs
1. These regulations may be cited as the Food Premises Regulations.
2. In these regulations
(a) "approved" means approved by an inspector;
(b) "catering vehicle"means an itinerant food service premises in which food other than hot beverages is not prepared;
(c) "corrosion‑resistant material" means a material that maintains its original surface characteristics after
(i) repeated exposure to food, soil, moisture or heat, or
(ii) exposure to a substance used in cleansing and sanitizing;
(d) "dairy plant" means a place or building including equipment used in that place or building where milk is received and milk products are processed except where the processing consists of only the
(i) incidental manufacture of milk products by a dairy farmer from milk produced on his or her farm and not for sale, or
(ii) operation and use of a freezing device in a retail store by means of which ice cream mix is frozen;
(e) "employee" means a person who
(i) is employed in a food premise, and
(ii) handles or comes in contact with a utensil or food during its preparation, processing, packaging, service, storage or transportation;
(f) "food contact surface" means a surface that food comes in contact with in a food premise;
(g) "hazardous food" means a food that is capable of supporting the growth of pathogenic organisms or the production of the toxins of those organisms;
(h) "manufactured meat product" means food which contains meat as an ingredient that is processed by salting, pickling, fermenting, canning, drying or smoking or otherwise applying heat or to which edible fats, cereals, seasonings or sugar have been added;
(i) "milk" means the normal lacteal secretion obtained from the mammary gland of an animal, including cattle, goats and sheep;
(j) "mobile preparation premise" means a vehicle or other itinerant food premise from which food is prepared and is offered for sale to the public and that is operated from one location no longer than 7 consecutive days;
(k) "multi‑service article" means a container or eating utensil that is intended for repeated use in the service or sale of food;
(l) "notice" means a sign above the signature of the minister or an inspector which may be placed on the outside or inside of an eating establishment;
(m) "owner" means the proprietor of food premises or in the absence of the owner the operator or senior staff member;
(n) "person" includes a corporate body, partnership, association or any other business entity;
(o) "pre‑packaged food" means food that is packaged at licensed premises or federally inspected premises other than the premises at which it is offered for sale;
(p) "sanitizing" and "sanitize" means antimicrobial treatment;
(q) "serving" includes self‑service;
(r) "single‑service article" means a container or eating utensil that is to be used only once in the service or sale of food;
(s) "single‑service towel" means a towel that is to be used only once before being discarded or laundered for reuse;
(t) "standard method" means the method used by an analyst for the examination of food;
(u) "temporary facilities" means food premises established in conjunction with fairs, circuses, concerts, civic events or another event not lasting longer than 7 consecutive days;
(v) "utensil" means an article or equipment used in the manufacture, processing, preparation, storage, handling, display, distribution, service, sale or offering for sale of food except a single‑service article; and
(w) "vending machine" means a self‑service device that upon insertion of a coin, coins, tokens, or debit cards automatically dispenses unit servings of food either in bulk or in packaged form.
3. These regulations apply to all food premises except
(a) boarding houses and bed and breakfast operations that provide meals only for overnight guests;
(b) farms selling only their own farm products in the form of honey, unprocessed fruits, vegetables and grains;
(c) the home based food preparation industry where the end product does not contain meat, fish, dairy or egg products, except where those dairy or egg products are used in baked or other goods which have low moisture or high sugar or salt content which inhibits the growth of disease supporting microbes, provided they meet standard health guidelines of the department;
(d) temporary facilities or charitable organizations provided they meet standard health guidelines of the department;
(e) vending machines, provided they meet standard health guidelines of the department; and
(f) drinking establishments licensed under the Liquor Control Act where they only sell non‑hazardous foods from their original containers and drinks in glasses or other containers, provided that those drinking establishments meet the requirements of paragraphs 6(b) and (c) and sections 7, 23, 25, 26, 28, 29 and 30.
4. (1) The following food premises are exempt from the provisions of paragraphs 9(a), (b) and (c) and sections 6, 20, 21 and 24 where they meet the requirements of subsection (2):
(a) premises where only cold drinks are sold in or from the original container;
(b) premises where only frozen confections are sold in the original package or wrapper; and
(c) catering vehicles.
(2) Food premises referred to in subsection (1) shall
(a) use only single‑service articles;
(b) provide a supply of single‑use commercially packaged moist hand towellettes for the personal hygiene of its employees; and
(c) not provide public seating.
5. (1) A person shall not operate a food premises without a licence.
(2) A person wishing to obtain a licence shall
(a) apply in writing to the Government Service Centre; and
(b) furnish the inspector with 2 copies of the plans and specifications of the
(i) food premises,
(ii) water supply, and
(iii) sewage disposal system.
(3) A licence shall be issued only to a specific person and with respect to a specific food premises and that licence shall not be transferable.
(4) A licence issued under this section shall be affixed in a conspicuous place within the licensed food premises.
(5) A person who holds a licence with respect to a food premises shall complete registration forms as required by the minister and shall register his or her food premises annually.
6. All food premises shall
(i) a separate food preparation, manufacturing, or processing area if these activities are carried out,
(ii) washroom facilities as required in sections 29 and 30, and
(iii) a separate food storage area;
(b) be free from 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 general public to the food preparation areas of the establishment; and
(e) be equipped with adequate lighting and
ventilation systems in accordance with the National Building Code (
7. An article or piece of equipment that is used in food premises shall be
(a) kept in good repair;
(b) of a form and material that can be readily cleaned and sanitized; and
(c) maintained in a clean and sanitary condition.
8. (1) Equipment and utensils with which food comes in direct contact shall be
(a) corrosion‑resistant and non‑toxic; and
(b) free from cracks, crevices and open seams.
(2) Notwithstanding subsection (1), cutting boards, blocks, tables, bowls, platters and churns of hardwood or other material may be used where
(a) that equipment is, or can be, maintained in a clean and sanitary condition; and
(b) the manner and conditions of the use of that equipment is not a health hazard.
9. All food premises shall be provided with
(a) a supply of potable water adequate for the operation of the premises;
(b) hot and cold running water under pressure in areas where food is processed, prepared or manufactured or utensils are washed;
(c) a hand washing basin, for employee use only, in a location convenient for employees in each processing, preparation and manufacturing area, together with supplies of hot and cold water and soap or detergent in a dispenser, and
(i) clean single‑service towels, or
(ii) a mechanical air dryer;
(d) refrigerated space adequate for the safe storage of perishable and hazardous food;
(e) containers of durable, leak‑proof and non‑absorbent material, with tight‑fitting or self‑closing lids or other containment methods sufficient for storing all garbage and waste in a sanitary manner; and
(f) an approved method of sewage disposal.
10. Temperature controlled rooms and compartments used for the storage of hazardous foods shall be provided with accurate indicating thermometers that can be easily read.
11. All food shall
(a) be protected from contamination and adulteration;
(b) comply with department standards for microbial quality; and
(c) not be served to a customer after being previously served to another customer.
12. Food containers that are multi‑service articles shall
(a) be constructed of materials and in a manner that is readily cleaned and sanitized; and
(b) not be used for a purpose other than the packaging of food.
13. Hazardous foods in hermetically sealed containers that have not been subjected to a process sufficient to prevent the production of bacterial toxins or the survival of spore‑forming pathogenic bacteria shall
(a) have "Keep Refrigerated" prominently marked on the container; and
(b) be maintained, transported, displayed, stored or offered for sale at an internal temperature not higher than 4° Celsius.
Hazardous food processed
14. Hazardous foods, other than those hermetically sealed, that have been subjected to a process sufficient to prevent the production of bacterial toxins or the survival of spore‑forming pathogenic bacteria shall be distributed, maintained, stored, transported, displayed or sold or offered for sale that in a manner ensures that the internal temperature of the food is
(a) 4° Celsius or lower; or
(b) 60° Celsius or higher,
except for those periods of time that may be necessary for the preparation, processing and manufacturing of the food.
15. Food that is intended to be transported, displayed, stored, sold or offered for sale in a frozen state shall be frozen to a temperature of ‑18° Celsius or lower and maintained at a temperature of ‑18° Celsius.
16. Milk, cream and edible oil shall be offered for sale or served in or from the original container as filled by the processor.
17. (1) Ice used in the preparation, processing and the manufacturing of food or drink shall be made from potable water and shall be stored and handled in a sanitary manner.
(2) Steam that contacts food during processing, manufacturing or preparation shall be from a potable supply and free from toxic substances.
Cans, containers etc.
18. (1) Cans, containers or wrappings of hazardous food shall bear
(a) a permanent code marking of the manufacturer or processor designating the food premises where the food was manufactured, packaged or processed; and
(b) the date on which food was manufactured, processed or packaged, or an expiry date.
(2) Where food is repackaged or reprocessed, it shall bear the date and the name of the repackaging or reprocessing individual or firm.
(3) Subsection (1) does not apply where hazardous food is packaged and sold on the same food premises.
19. Furniture, equipment and appliances in food premises shall be constructed and arranged to permit thorough cleaning and maintaining of the room or place in a clean and sanitary condition.
20. Garbage and wastes shall be removed from food premises as often as is necessary to maintain the premises in a sanitary condition.
21. An operator shall ensure, in respect of a food premises operation that
(a) the food premises are cleaned sufficiently to prevent contamination of food;
(b) every room where food is manufactured, prepared, processed, handled, served, displayed, stored, sold or offered for sale is kept free from live birds and animals except
(i) a dog serving as a guide for a handicapped person, or
(ii) live aquatic species displayed or stored in sanitary tanks on food premises; and
(c) a room referred to in paragraph (b) is kept free from materials and equipment not regularly used in the room that could cause food to become adulterated or contaminated.
Table covers, serviettes
22. Table covers, napkins or serviettes used in the service of food shall be clean and in good repair and multi‑service napkins and serviettes shall be laundered before each use.
23. Cloths and towels used for
(a) washing, drying and polishing of utensils shall be in good repair, clean and used for no other purpose; and
(b) clearing tables shall be in good repair, clean and used for no other purpose.
24. Toxic and poisonous substances required for the maintenance of sanitary conditions shall be
(a) kept in a compartment separate from food so as to preclude contamination of food, working surfaces or utensils;
(b) kept in a container that bears a label on which the contents of the container are clearly identified; and
(c) used only in a manner or condition which does not permit those substances to contaminate food or cause a health hazard.
25. Equipment and facilities suitable for the cleaning and sanitizing of utensils shall be available and used for no other purpose.
26. (1) Utensils shall be sanitized by manual or mechanical equipment approved by an inspector and by
(a) immersion in clean water at a temperature of at least 77° Celsius;
(b) immersion in a solution containing a sanitizing agent that is non‑toxic and that provides a bactericidal result not to exceed 100 bacterial colonies when tested by method approved by the minister and in accordance with the standard plate test, utilizing the swab technique or another approved method; or
(c) another method that provides a bactericidal result not to exceed 100 bacterial colonies when tested by method approved by the minister in accordance with the standard plate test, utilizing the swab technique or other approved method.
(2) A test reagent for determining the concentration of sanitizer and an accurate thermometer to determine the temperature of the sanitizing solution shall be readily available where the sanitizing takes place.
(3) An inspector shall approve a process which meets the requirements of paragraph (1)(a), (b) or (c).
27. Employees required to make a complete change of outer garments at the beginning and at the end of the work period, shall not do so in the food preparation area.
28. (1) An owner or employee who handles or comes in contact with food or with a utensil used in food premises shall
(a) be clean;
(b) wear clean outer garments;
(c) wear headgear that confines the hair and have other hair effectively under control;
(d) be free from an infectious agent of a disease or skin condition that may be spread through the medium of food;
(e) submit to those medical examinations and tests at the request of an inspector as are required to confirm the absence of an infectious agent referred to in paragraph (d);
(f) not use tobacco products while engaged in handling or contacting food or a food utensil; and
(g) wash his or her hands before commencing or resuming work and after each use of sanitary facilities.
(2) Paragraph (1)(c) does not apply to employees whose activities are usually confined to the serving of food to customers.
29. (1) A sanitary facility shall be conveniently located on or accessible to the premises' employees or patrons.
(2) A sanitary facility shall be equipped with
(a) a supply of toilet paper;
(b) a constant supply of hot and cold running water;
(c) a supply of soap or detergent in a dispenser;
(d) a receptacle of durable construction that is easily cleaned for used towels and other waste material; and
(e) a supply of paper towels or a hot air dryer.
(3) This section does not apply to a vehicle that is used for the transporting of food or a catering vehicle.
National building code to apply
30. (1) Food premises shall have available, sanitary facilities for patrons and employees as per the standards established in the National Building Code.
(2) Where a parking lot is operated as part of the premises and patrons are served in their vehicles, each parking space shall be considered for the purpose of standards established in the National Building Code to be equivalent to 2 seats.
(3) Public portable sanitary facilities may be used as an alternative to facilities that are part of the food service premises provided that those public facilities are
(a) conveniently located with respect to the food premises;
(b) equipped with sufficient fixtures to assure availability under normal conditions or use; and
(c) located in the same building or on the same grounds where the food service premise are operated in connection with an exhibition, fair, carnival, sporting event or amusement park.
31. (1) All food offered for sale from a catering vehicle shall be pre‑packaged except for hot beverages.
(2) A catering vehicle which serves hazardous foods shall be equipped with refrigerated storage and display facilities that shall be used for holding hazardous foods.
(3) Subsection (2) does not apply to vehicles from which only frozen confections in the original package or wrapper are sold.
32. (1) Mobile preparation premises are exempt from subparagraph 6(a)(iii) and sections 29 and 30, but where mobile preparation premises provide sanitary facilities for employees the sanitary facilities shall be in compliance with sections 29 and 30.
(2) Where mobile preparation premises have a separate food storage area it shall meet the other provisions of these regulations applicable to a separate food storage area.
(3) In mobile preparation premises
(a) food shall be prepared within the premises and served to the public by persons working within the premises;
(b) only single‑service articles shall be used;
(c) service doors and windows to the preparation area shall be screened and, when the premises are in motion, tightly closed with a solid material to prevent the entrance of dust, fumes or other contaminants into the food preparation area;
(d) the driver's compartment shall be completely partitioned from the food preparation area and, where the partition has an access door, the door shall be solid and self‑closing;
(e) separate holding tanks shall be provided for toilet and sink wastes; and
(f) every waste tank and water supply tank shall be equipped with an easily readable gauge for determining the waste or water level in the tank.
(4) Mobile preparation premises where food preparation is limited to the reheating of precooked meat products in the form of wieners or similar sausage products to be served on a bun are exempt from paragraph (3)(a) with respect to the preparation and serving of food to the public by persons positioned within the premises.
Meat or fish
33. Manufactured or processed meat or fish products that are customarily eaten without further cooking shall be subjected to a process sufficient to destroy pathogenic bacteria, parasites and cystic forms of parasites.
Processed meat or fish identification
34. (1) A manufactured or processed meat or fish product shall be identified by a tag, stamp or label affixed to the product which states the food premises of origin.
(2) Notwithstanding subsection (1), a bulk packed manufactured or processed meat or fish product that cannot be individually identified under subsection (1) because of its size, shape or consistency may be removed from its container for the purpose of display or sale where the container bears the food premises identification referred to in subsection (1).
(3) Subsection (1) does not apply to a manufactured or processed meat or fish product stored, sold or offered for sale in a retail outlet at the food premises of origin.
35. Where retail food premises have consumer owned meat or fish not procured from a plant or facility licensed under the Meat Inspection Act or the Fish Inspection Act, the utensils, equipment and food contact surfaces used in connection with it shall be washed and sanitized in accordance with these regulations prior to their re‑use on meat or fish that has been procured from that plant or facility.
36. (1) A dairy plant shall procure a supply of milk only from a producer whose operation is approved by the department responsible for the administration of these regulations.
(2) Milk which is tainted, sour or otherwise unsatisfactory shall be rejected by the dairy plant and shall be 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, fluid milk or cream intended for human consumption shall not be sold, or offered for sale, unless that milk or cream has been pasteurized in accordance with these regulations.
(4) Dairy plants shall comply with the operational and construction standards determined by the department.
Pasteurization and sterilization
37. (1) Milk products shall be pasteurized or made from milk that has been pasteurized by heating the milk product to a temperature of at least
(a) 63° Celsius and holding it at that temperature for not less than 30 minutes;
(b) 72° Celsius and holding it at that temperature for not less than 16 seconds; or
(c) a temperature other than a temperature referred to in paragraph (a) or (b) for a period of time that will result in the equivalent destruction of pathogenic organisms and phosphatase.
(2) A milk product shall be sterilized by heating the milk product to a temperature of 135° Celsius and holding it at that temperature for a period of time that will result in sterilization.
Milk products considered pasteurized or sterilized
38. (1) Milk products other than butter and goat milk shall be considered to have been pasteurized if the product is negative when tested for the presence of alkaline phosphatase as determined by a method prescribed by the minister.
(2) A milk product shall be considered to have been sterilized if a sample of the product is free of living organisms as determined by a method prescribed by the minister.
(3) Butter shall be considered to have been made from pasteurized milk or cream if it is negative when tested for the presence of peroxidase as determined by a method prescribed by the minister.
(4) Goat milk shall be considered to have been pasteurized if the recording thermometer chart indicates the milk was heated as required under section 37.
Cooling of milk products
39. (1) Milk products shall be cooled immediately after pasteurization to a temperature of at least 4° Celsius or less and shall be held at that temperature during storage, transportation and sale.
(2) Subsection (1) does not apply to a milk product that
(a) is to be further processed prior to packaging, then cooled to 5° Celsius or less;
(b) has been sterilized and is to be or is aseptically packaged; or
(c) is processed by drying.
40. (1) A pasteurizer used for milk products shall be equipped with indicating and recording thermometers that are accurate, moisture proof and easily read.
(2) A high temperature short time pasteurizer used for milk products shall be equipped with a properly functioning flow diversion valve.
41. (1) The temperature of a milk product in a pasteurizer shall be taken as the temperature shown on the indicating thermometer and not the temperature shown by the recording thermometer.
(2) The temperature shown by the recording thermometer shall be checked daily by the operator against the temperature shown by the indicating thermometer and shall be adjusted to read no higher than the temperature shown by the indicating thermometer.
42. (1) A recording thermometer chart shall not be used for a period that will exceed one complete rotation of the graph.
(2) A recording thermometer chart shall have the following information noted:
(a) the date of operation;
(b) the number of the pasteurizer, if more than one is in use, to which the recorder was attached;
(c) the temperature of the indicating thermometer at some time corresponding with a marked point in the holding period;
(d) the name of product being pasteurized; and
(e) the signature of the operator or his or her authorized representative for that purpose.
(3) Where more than one recording thermometer is in use, each chart shall be numbered in a manner that indicates the recording thermometer that was used for the chart.
(4) A recording thermometer chart shall be kept by an operator for at least 3 months after it is used.
43. Sterilized milk products shall be sold in or from containers that bear the words "STERILIZED" or "STERILE" and "REFRIGERATE AFTER OPENING".
44. (1) Food premises that repackages milk products not produced in that food premises, shall identify the original processor, packing date and batch number on the containers of repackaged milk products.
(2) Notwithstanding subsection (1), the operator of food premises may show on the containers of repackaged milk products
(a) the operator's name and address or code marking; and
(b) the operator's "Best Before" or repackaging date,
provided that records are maintained by the operator that identify the original processor, packing date and batch number of the milk products.
(3) Subsections (1) and (2) do not authorize the repackaging of fluid milk products.
45. All eggs intended for human consumption shall
be stored in accordance with the temperature and humidity conditions which are
prescribed by the Egg Regulations (
46. (1) Cracked eggs may not be used in the commercial preparation or creation of cooked or uncooked food products, whether or not the product is offered to the public for charitable or profit‑making purposes.
(2) For the purpose of this section, "cracked egg" means an egg which
(a) shows on candling a distinct yolk outline;
(b) shows on candling yolk that is moderately oblong in shape and that floats freely within the egg when twirled;
(c) shows on candling a very slight degree of germ development;
(d) shows on candling an air cell not exceeding 9 millimetres in depth;
(e) shows spots of dirt on the shell, if the aggregate area of dirt does not exceed 40 square millimetres, and stain spots, if the aggregate area of the stain does not exceed 320 square millimetres;
(f) has a shell that is slightly abnormal in shape and has rough areas and definite ridges; or
(g) the shell of the egg has a hairline crack but the membrane is not broken and the internal contents are not leaking.
47. (1) Where an inspector finds that a condition exists in food premises which is or may become a menace to health, or where the food premises are without a valid food premises licence the inspector may order the food premises closed and that food premises shall remain closed until the condition in question has been rectified to the satisfaction of an inspector.
(2) Within 24 hours after the issue of an order under subsection (1) an inspector shall give written notice of that order to the owner or operator outlining the reasons for the closing.
(3) Where food premises which are eating establishments have been closed under this section, an inspector may arrange for a notice to be placed in a conspicuous place on the outside or inside of the building, in a window or elsewhere, indicating to the general public that the eating establishment has been closed by order of the Department of Health.
48. The Food and Drug (Counter Freezer) Regulations, 1966, Food and Drug (Dessert) Regulations, 1966, Food and Drug (Eating Establishments) Regulations, 1966, Food and Drug (License) Regulations, 1993, Food and Drug (Meat and Meat Products) Regulations, 1966, Food and Drug (Milk and its Products) Regulations, 1966, Order re designation of Licensable Trades and Regulations under The Food and Drug Act, being Newfoundland Regulations 281/78, 282/78, 283/78, 284/78, 285/78, 574/78, 245/80, 18/83, 152/86, 183/88, 206/88, 49/93 and 162/94, are repealed.
(Includes the Reprint of October 18, 1997 and the Correction made on March 7, 1997.)
©Earl G. Tucker, Queen's Printer