PART 4Preventive Controls (continued)
DIVISION 1Interpretation and Application (continued)
(a) any foods that are to be exported or sent or conveyed from one province to another;
(b) any edible meat products that are imported, during their storing and handling in their imported condition, for the purpose of the exercise of an inspector’s powers under the Act; and
(c) any food animals from which meat products that are to be exported or sent or conveyed from one province to another may be derived.
(2) Despite subsection (1), in the case of the holder of a licence to import, section 86 applies in respect of any food that is imported.
Marginal note:Application — establishment
(3) The requirements of this Part that refer to an establishment apply in respect of
(a) in the case of the holder of a licence referred to in paragraph (a) of the definition operator in section 45, an establishment that is identified in their licence;
(b) in the case of any person referred to in paragraph (b) of the definition operator in section 45, an establishment where that person grows or harvests fresh fruits or vegetables; and
(c) in the case of any person referred to in paragraph (c) of the definition operator in section 45, the conveyance where that person handles fish.
Marginal note:Establishment — slaughtering game animals
(4) For the purposes of section 50, subsection 56(2) and sections 66, 67 and 71, in the case of an establishment that is identified in a licence to slaughter a game animal, the facility in the establishment is deemed to be the establishment.
Marginal note:Exception — game animals
(5) Section 55, subsection 56(1) and sections 58 and 69 do not apply in respect of an establishment where game animals are slaughtered.
DIVISION 2Biological, Chemical and Physical Hazards
Marginal note:Identification and analysis of hazards
Marginal note:Prevention, elimination and reduction of hazards
(2) The operator must prevent, eliminate or reduce to an acceptable level the hazards referred to in subsection (1) by using control measures that are shown by evidence to be effective, including any treatment or process and including, in the case of a meat product, the control measures that are set out in the document entitled Preventive Control Requirements for Biological Hazards in Meat Products, prepared by the Agency and published on its website, as amended from time to time.
Marginal note:Imported food
(3) The holder of a licence to import must comply with subsections (1) and (2) in respect of a food that is imported.
DIVISION 3Treatments and Processes
Marginal note:Application of scheduled process to low-acid food
48 (1) If a low-acid food is in a hermetically sealed package, an operator must apply the scheduled process referred to in subparagraph (3)(a)(i) and, if batch thermal treatment is applied, must use a temperature-sensitive indicator that visually indicates that the package has been thermally treated.
Marginal note:Exception — refrigerated or frozen food
(2) Subsection (1) does not apply if the low-acid food is kept refrigerated or frozen and the expressions “Keep Refrigerated” and “garder réfrigéré”, or “Keep Frozen” and “garder congelé”, as the case may be, are shown on the principal display panel.
(3) The operator must prepare documents that set out
(a) in respect of each low-acid food,
(b) in respect of each application of the scheduled process to a low-acid food,
(i) the name of the food and its production volume,
(ii) the equipment that is used for the treatment,
(iii) any parameters of the treatment, such as start and end times, temperatures of the treatment and the pressure used in the treatment,
(iv) a description of any maintenance of, and of any modifications to, the equipment that is used for the treatment,
(v) any deviations from the scheduled process and any corrective action taken,
(vi) the incubation results, and
(vii) a description of any treatment of the cooling water.
Marginal note:Retention period of documents
(4) The documents that set out the information referred to in paragraph (3)(a) must be kept for three years after the day of the most recent application of the scheduled process to the low-acid food, and the documents that set out the information referred to in paragraph (3)(b) must be kept for three years after the day of the application of the scheduled process.
DIVISION 4Maintenance and Operation of Establishment
SUBDIVISION AResponsibility of Operator
Marginal note:Maintenance and operation
49 An operator must maintain and operate an establishment so that the requirements of sections 50 to 81 are met.
SUBDIVISION BSanitation, Pest Control and Non-food Agents
Marginal note:Clean and sanitary condition
Marginal note:Cleaning and sanitation
(2) The cleaning and sanitation of the establishment and of any conveyance or equipment in it that is used in connection with an activity that is regulated under the Act must be conducted in a manner that does not present a risk of contamination of a food.
Marginal note:Animals — establishment
51 (1) An establishment must be protected against the entry of any animal that presents a risk of contamination of a food, except if, in the case of any land that forms part of an establishment, there are no reasonably practicable measures that may be taken to prevent the entry of such animals onto the land.
Marginal note:Animals — facility or conveyance
(2) An animal must not be in a facility or conveyance where a food is manufactured, prepared, stored, packaged or labelled or where a food animal is slaughtered, unless the animal is
(a) a food that is intended to be manufactured, prepared, stored, packaged or labelled in the facility or conveyance;
(b) a food animal that is intended to be slaughtered in the facility or conveyance, whether or not the meat products that may be derived from it are intended to be exported or to be sent or conveyed from one province to another; or
(c) an animal that is intended to be used in the manufacturing or preparing of a food in the facility or conveyance.
Marginal note:Risk of contamination
(3) Any measures that are taken for the purposes of complying with subsections (1) and (2) must not present a risk of contamination of a food.
Marginal note:Sanitizers, agronomic inputs and non-food chemical agents
52 Any sanitizer, agronomic input or non-food chemical agent that is in an establishment must
(a) be properly and clearly identified;
(b) be suitable for its intended use and not present a risk of contamination of a food; and
(c) be handled and used in a manner that does not present a risk of contamination of a food and that is in accordance with any manufacturer’s instructions.
SUBDIVISION CConveyances and Equipment
Marginal note:Conveyances and equipment — food
53 Any conveyance or equipment that is used in the manufacturing, preparing, storing, packaging or labelling of a food or in the slaughtering of a food animal must
(a) be appropriate for the food or the food animal, as the case may be, and for the activity being conducted;
(b) be designed, constructed and maintained to prevent contamination of the food;
(c) be constructed of, and maintained using, materials that are suitable for their intended use and, if those materials present a risk of contamination of the food, that are
(d) be equipped with instruments to control, indicate and record any parameters that are necessary to prevent contamination of the food;
(e) function as intended;
(f) be accessible and, if necessary for its cleaning, sanitizing, maintenance or inspection, able to be easily disassembled;
(g) be used, maintained and, if necessary, calibrated in accordance with the manufacturer’s instructions and in a manner that does not present a risk of contamination of the food; and
(h) have surfaces that, if they come into contact with a food, are smooth, free from pitting, cracks and flakes and non-absorbent, except when the surface does not present a risk of contamination of the food.
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