1. These Regulations may be cited as the Fish Inspection Regulations.

2. In these Regulations,

• “Act” means the Fish Inspection Act; (Loi)

• “additive” means a food additive as defined in section B.01.001 of the Food and Drug Regulations; (additif)

• “Agency” means the Canadian Food Inspection Agency established pursuant to section 3 of the Canadian Food Inspection Agency Act; (Agence)

• “bloaters” means salted, smoked, round herring; (bouffis)

• “bloater fillets” means fillets of salted, smoked, round herring; (filets de bouffis)

• “breaded fish” means fish or fish flesh that is coated with batter and breading; (poisson pané)

• “brine” means a solution of common salt (sodium chloride) and fresh water, or sea water with or without the addition of salt; (saumure)

• “can” means any hermetically sealed container; (boîte)

• “Canadian Shellfish Sanitation Program Manual” means the Canadian Shellfish Sanitation Program Manual published by the Department of Fisheries and Oceans and the Department of the Environment in 1992, as amended from time to time; (Manuel du Programme canadien de contrôle de la salubrité des mollusques)

• “canned fish” means any fish that is sealed in a can and is sterilized; (conserve de poisson)

• “cannery” means an establishment where canned fish is produced for human consumption; (conserverie)

• “certificate of registration” means a certificate issued in accordance with subsection 15(6); (certificat d’agrément)

• “chicken haddie” means canned haddock, cod, cusk or hake, or any combination thereof, that has not been ground, but does not include dark or sow hake; (miettes de gades)

• “comminuted fish”[Repealed, SOR/82-845, s. 1]

• “conveyance” means any vessel, aircraft, train, motor vehicle, cargo container, trailer or other means of transportation of fish or containers of fish; (véhicule)

• “corrective action” means the procedure that is to be followed whenever a deviation from a critical limit in a HACCP plan occurs or whenever the results of monitoring procedures in respect of a prerequisite program plan, a regulatory action point plan or a quality management program for the importing of fish show that there is non-compliance with these Regulations; (mesures correctives)

• “critical control point” means a point in a process operation at which control is to be applied in order to prevent or eliminate a hazard or reduce it to an acceptable level; (point de contrôle critique)

• “critical limit” means the maximum or minimum value to which a hazard must be controlled at a critical control point; (limite critique)

• “crustaceans” means all species of the class Crustacea; (crustacés)

• “decomposed”, with respect to fish, means fish that has an offensive or objectionable odour, flavour, colour, texture or substance associated with spoilage; (pourri)

• “Department”[Repealed, SOR/2000-184, s. 58]

• “drained weight” means the weight of the edible contents of a container of fish after the liquid has been drained by a method approved by the President of the Agency; (poids égoutté)

• “echinoderms” means all species of the phylum Echinodermata; (échinodermes)

• “export” means ship from Canada to any other country or from any province to any other province; (exporter)

• “Facilities Manual” means the Facilities Inspection Manual published by the Department of Fisheries and Oceans in 1988, as amended from time to time; (Manuel des installations)

• “filler” means

  • (a) flour or meal prepared from grain or potatoes,

  • (b) processed wheat flour containing not less than the equivalent of 80 per cent dextrose, as determined by a method approved by the President of the Agency,

  • (c) bread, biscuit or bakery products, except those containing or made with a legume, or

  • (d) milk powder, skim milk powder, buttermilk powder or whey powder; (charge)

• “fillets” means

  • (a) slices of fish flesh of irregular size and shape that have been removed from the carcass of a fish by cuts made parallel to the backbone, or

  • (b) slices of fish flesh described in paragraph (a) that have been cut into sections

  and from which all internal organs, head, fins, bones, except intramuscular or lateral bones, and all discoloured flesh have been removed; (filets)

• “finfish”[Repealed, SOR/2009-314, s. 1]

• “fish export licence” means a licence issued under section 15.1; (permis d’exportation de poisson)

• “fisher-packer” means a fisher who is licenced to catch fish under the Fisheries Act and who processes their catch as whole or dressed unfrozen fish or as salted or pickled fish

  • (a) on board their vessel; or

  • (b) on shore in an establishment that is owned or leased by the fisher-packer, without assistance from any person who did not participate in the catching of the fish; (pêcheur emballeur)

• “fish import licence” means a licence issued in accordance with subsection 6.1(1); (permis d’importationde poisson)

• “HACCP plan” means a hazard analysis critical control point plan that is prepared in accordance with the principles of hazard analysis critical control point inspection as specified in the Facilities Manual to ensure control of hazards during the processing of fish; (plan HACCP)

• “hazard” means a biological, chemical or physical agent or factor that has the potential to cause illness or injury to humans in the absence of its control; (danger)

• “herring” means fish of the species Clupea harengus or Clupea pallasii; (hareng)

• “high risk products” means products that, if not properly prepared or processed, may pose a serious risk to human health and safety; (produits à haut risque)

• “import” means ship into Canada from any other country, or into any province from any other province; (importer)

• “import licence” means a fish import licence or quality management program import licence issued in accordance with these Regulations; (permis d’importation)

• “Inspection Manual” means the Fish Products Inspection Manual, published by the Department of Fisheries and Oceans in 1988, as amended from time to time; (Manuel d’inspection)

• “lobster cocktail” means lobster canned in combination with cod, haddock, hake or cusk or any combination thereof; (coquetel au homard)

• “lot” with respect to fish, other than fresh fish, means a shipment or part of a shipment of fish that is of the same species, is processed in the same manner by the same producer, is packaged in the same size of container and bears the same label; (lot)

• “mandatory inspection list”[Repealed, SOR/96-364, s. 1]

• “mechanical screening” means a mechanical process by which cans of fish are inspected to ensure that hermetic seals are properly formed;(tri mécanique)

• “minced fish” means particles of fish flesh that have been separated from clean sound fish material free from internal organs, heads, and discoloured flesh; (poisson haché)

• “net weight”, with respect to unfrozen or frozen lobster meat, means the weight of the edible contents of a container after the liquid has been drained from the container by a method approved by the President of the Agency and, with respect to any other fish, means the total weight of the edible contents of a container; (poids net)

• “overall length” means the horizontal distance measured between perpendicular lines drawn at the extreme ends of the outside of the main hull of a vessel; (longueur hors tout)

• “prerequisite program plan” means a series of steps, measures or procedures that are to be applied to ensure compliance with the Act and these Regulations in respect of

  • (a) establishment construction and equipment,

  • (b) establishment operation and sanitation,

  • (c) the cleaning, sanitizing, lubricating and maintenance of establishment equipment and facilities, and insect and animal pest control,

  • (d) fish packaging, labelling or ingredient storage rooms or areas in the establishment, and

  • (e) the system for tracing fish to its first destination; (plan des programmes préalables)

• “process authority” means any person or organization that has been recognized by the Agency as being competent in developing and evaluating thermal processes; (autorité reconnue en matière de procédés thermiques)

• “processing”[Repealed, SOR/92-75, s. 1]

• “processing area” means an area of a registered establishment that is used for the processing or storage of fish and any other area designated as a processing area in a quality management program; (aire de transformation)

• “process operation” means any of the following fish process operations:

  • (a) canning fish,

  • (b) processing ready-to-eat fish,

  • (c) processing shellfish,

  • (d) pickling, spicing or marinating fish,

  • (e) salting or drying fish,

  • (f) processing fresh or frozen fish or semi-preserves, and

  • (g) any other type of process operation; (opération de transformation)

• “producer” means the last person who processed fish prior to its importation into Canada; (producteur)

• “product description” means a form on which are recorded the characteristics of a particular fish product, including

  • (a) the product name,

  • (b) the source of the raw material used in producing the product,

  • (c) those characteristics that affect safety and may influence the growth of disease-causing pathogens,

  • (d) the ingredients that are added to the product,

  • (e) the packaging of the product,

  • (f) if applicable, directions to the consumer as to the preparation required for consumption or whether the product is ready-to-eat,

  • (g) the product’s shelf life,

  • (h) where the product is intended to be sold, and

    • (i) labelling instructions as may be applicable for safe product distribution and storage; (description du produit)

• “product preservation process” means a process such as thermal processing, depuration or irradiation, that controls known hazards and which, if not performed in accordance with the Facilities Manual or the Canadian Shellfish Program Sanitation Manual, as the case may be, may result in the production of fish that are unsafe for human consumption; (procédé de conservation)

• “quality management program” means a fish inspection and control system, that includes procedures, inspections and records, for the purpose of verifying and documenting the processing of fish and the safety and quality of fish processed in, exported from or imported into Canada; (programme de gestion de la qualité)

• “quality management program import licence” means a licence issued in accordance with subsection 6.1(1.1); (permis d’importation avec programme de gestion de la qualité)

• “ready-to-eat fish” means any fish, other than canned fish and live shellfish, that does not require preparation except thawing or reheating before consumption; (poisson prêt-à-manger)

• “registered establishment” means a freezer-factory vessel, barge, onshore plant, building or premise where fish are processed or stored for export and that is registered pursuant to subsection 15(6); (établissement agréé)

• “registration certificate”[Repealed, SOR/99-169, s. 1]

• “regulatory action point plan” means a series of steps, measures or procedures that are to be applied to ensure compliance with the Act and these Regulations in respect of

  • (a) fish intended for processing, being processed, stored or exported to ensure that the fish is not tainted, decomposed or unwholesome;

  • (b) the addition of ingredients, additives and other substances in the processing of fish; and

  • (c) the packaging and labelling of fish. (plan des points d’intervention réglementaire)

• “sanitation program” means a written program developed in respect of a registered establishment or in respect of the establishment, conveyance or equipment of a holder of a fish export licence to ensure that the employees of the establishment or the users of the conveyance or equipment, as the case may be, use proper sanitation and hygiene practices, and that the establishment, grounds or conveyance under the control of the operator or the equipment and conveyances of the holder are maintained in a clean and sanitary condition and free from serious contamination and insect and animal pests; (programme sanitaire)

• “semi-preserves” means fish that has been prepared by salting or pickling in brine, vinegar, sugar, spices or any combination thereof and packed so that it may be kept fit for human consumption for a minimum of six months by means of refrigeration without freezing; (semi-conserve)

• “serious contamination” means any condition or deficiency that results, or is likely to result, in an unacceptable risk to the consumer or in tainted, decomposed or unwholesome fish; (contamination grave)

• “shellfish” means all species of bivalve molluscs of the class Bivalvia and all marine, carnivorous species of the class Gastropoda, either shucked or in the shell, in whole or in part, excluding the adductor muscles of scallops and the meat of geoducks; (mollusques)

• “shrimp cocktail” means shrimp meat packed with sauce, spices, seasonings or flavourings or any combination thereof; (coquetel de crevettes)

• “sterilized”, with respect to canned fish, means fish that has been treated with heat to prevent spoilage and to destroy all pathogenic organisms; (stérilisé)

• “support area” means an area of a registered establishment that is not a processing area and any other area designated as a support area in a quality management program, or an area that is used for

  • (a) the storage of materials and ingredients used in fish processing;

  • (b) the maintenance of records for a quality management program;

  • (c) employee sanitation, personal hygiene or a change room.(aire connexe)

• “tainted”, with respect to fish, means fish that is rancid or has an abnormal odour or flavour; (gâté)

• “tomalley” means an edible by-product of lobster, the ingredients of which have not been ground to a smooth consistency; (tomalli)

• “unwholesome”, with respect to fish, means fish that has in or upon it bacteria of public health significance or substances toxic or aesthetically offensive to man; (malsain)

• “whitefish” means fish of the species Coregonus clupeaformis, Coregonus nasus or Prosopium cylindraceum. (poisson blanc)