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Fresh Fruit and Vegetable Regulations (C.R.C., c. 285)

Regulations are current to 2019-11-19 and last amended on 2019-01-14. Previous Versions

PART XRegistration of Establishments and Operation and Maintenance of Registered Establishments (continued)

Cancellation of Registration

  •  (1) The Director may cancel the registration of a registered establishment where

    • (a) the operator has not implemented the required corrective measures within the 30-day period following the day on which the registration was suspended or within any longer period of time allowed under subsection (2);

    • (b) there has been a change in ownership that involves a change of management of the establishment; or

    • (c) the application for registration contains false or misleading information.

  • (2) If it is not possible for the operator to implement the required corrective measures within 30 days, the Director shall, on the request of the operator, allow the operator a longer period of time that is adequate to implement those measures.

  • (3) No registration shall be cancelled under subsection (1) unless

    • (a) the operator was advised of an opportunity to be heard in respect of the cancellation and was given that opportunity; and

    • (b) a notice of cancellation of registration was delivered to the operator.

  • SOR/86-363, s. 3
  • SOR/86-864, s. 26(E)
  • SOR/88-428, s. 26
  • SOR/90-218, s. 3
  • SOR/2002-68, s. 3

Surrender of Certificate of Registration

 If an establishment’s registration is suspended or cancelled, the operator of the establishment shall surrender the certificate of registration to an inspector on request.

  • SOR/2002-68, s. 4

Conditions Respecting Registered Establishments

 Every registered establishment that is a building shall be situated on land that

  • (a) provides or permits good drainage; and

  • (b) is not in proximity to any source of pollution or any place that harbours insects, birds, rodents or other vermin that are likely to contaminate produce in the establishment.

  • SOR/90-218, s. 3
  • SOR/95-475, s. 2(E)
  •  (1) Every registered establishment that is a building shall

    • (a) be of sound construction and in good repair;

    • (b) be constructed of material that is durable and free of any noxious constituent;

    • (c) be separate from and have no direct access to areas in which are carried out operations that are incompatible with the handling of produce;

    • (d) be protected against the entry of insects, birds, rodents and other vermin or anything that is likely to contaminate produce;

    • (e) have no room in the establishment open onto premises used for the manufacture or storage of anything that is likely to emit an odour that could affect the flavour of produce;

    • (f) have suitable facilities and equipment for the grading and handling of produce;

    • (g) have areas with temperature, light and ventilation that are suitable for the preservation of produce;

    • (h) have lighting over the grading equipment that provides a minimum illumination of 550 lx as measured by photometer at the surface of the produce that is being graded;

    • (i) be equipped, in those areas where produce or packaging materials are exposed, with light bulbs and fixtures that are of a type that will not cause contamination of produce in the event of breakage;

    • (j) have facilities for the use of inspectors that meet the conditions set out in paragraphs 41(1)(a) and (b);

    • (k) have available to its employees lavatories that are

      • (i) capable of being kept in a clean and sanitary condition,

      • (ii) adequate in size and equipment for the number of people using them,

      • (iii) well lighted and ventilated, and

      • (iv) separate from and not leading directly into any room used for handling produce;

    • (l) be supplied with potable hot and cold water that is protected against contamination and is adequate in quantity and pressure to serve the water needs of the establishment;

    • (m) have adequate facilities and means for the cleaning of equipment; and

    • (n) have adequate means of drainage, waste removal and waste disposal.

  • (2) In a registered establishment, water other than potable water may be used for fire protection and auxiliary services, including the washing of soil from raw produce and the fluming of raw produce, if there is no connection between the system for that water and the system for potable water.

  • SOR/86-363, s. 4
  • SOR/90-218, s. 3
  • SOR/92-618, s. 22
  • SOR/95-475, s. 2

Operation and Maintenance of Registered Establishments

  •  (1) Every operator shall operate and maintain the establishment in accordance with this section.

  • (2) The operation of a registered establishment and the preparation of produce in a registered establishment shall be carried out under the supervision of a competent, responsible employee designated by the operator of the establishment on the application for registration.

  • (3) The building, equipment and all other physical facilities of a registered establishment shall be maintained in a sanitary condition.

  • (4) Operations in relation to the preparation of produce in a registered establishment shall be carried out in a sanitary manner.

  • (5) A registered establishment shall have notices posted in prominent places instructing employees engaged in the preparation of produce to clean their hands immediately after using toilet facilities and that smoking is prohibited.

  • (6) Refuse that is likely to attract insects, birds, rodents or other vermin to a registered establishment must be removed daily.

  • (7) Any detergent, sanitizer or other chemical agent in a registered establishment shall be properly labelled and shall be stored and used in a manner that prevents contamination of produce or a surface with which produce comes into contact.

  • (8) No produce in a registered establishment shall be exposed to a source of contamination.

  • (9) Nothing that is likely to emit an odour that could affect the flavour of produce shall be kept in a registered establishment.

  • (10) Bulk and packaged produce in a registered establishment shall be stored or held in clean areas, under conditions of temperature, light and ventilation that are suitable for the preservation of the produce.

  • (11) No person who suffers from or is a known carrier of a communicable disease or who has an infected lesion that is open or exposed shall work in any area of a registered establishment where there is a danger of contamination with pathogenic micro-organisms of the produce or the surface with which the produce comes into contact.

  • (12) All persons engaged in the preparation of produce in a registered establishment shall clean their hands thoroughly immediately after using toilet facilities and as frequently as is necessary to prevent the contamination of produce.

  • (13) All produce shipped interprovincially from a registered establishment shall be prepared in that establishment in accordance with these Regulations.

  • (14) The owner or operator of a registered establishment shall

    • (a) maintain accurate records of produce shipments from the establishment by kind and grade of produce and size of container, date of shipment and number of containers shipped; and

    • (b) retain those records for the two years following the date of each shipment.

  • (15) The operator of a registered establishment shall, when if requested to do so by an inspector, comply with the requirements of paragraphs 41(1)(c) to (e).

  • (16) The owner or operator of a registered establishment shall notify the Director of any changes in the operations or personnel of the establishment that might affect the registration of the establishment, within 30 days after those changes are made.

  • (17) The owner or operator shall maintain in the registered establishment a file containing samples of all labels marked with the establishment registration number as shown in Schedule IV and shall, on the request of an inspector, submit the file to the inspector for inspection.

  • SOR/90-218, s. 3
  • SOR/94-510, s. 22
  • SOR/95-475, s. 2
  • SOR/2003-6, s. 10

 Sections 59 and 60 and subsections 61(3), (6) and (10) do not apply to registered establishments where produce is field-packed for direct shipment.

  • SOR/86-363, s. 5
  • SOR/90-218, s. 3
 
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