Dairy Products Regulations (SOR/79-840)

Regulations are current to 2019-08-28 and last amended on 2019-01-14. Previous Versions

PART I.1Standards (continued)

  • SOR/91-558, s. 3

Place of Grading

  • SOR/90-244, s. 9(F)

 A dairy product shall be graded only if it was prepared in a registered establishment that at the time of the preparation met the requirements of sections 11 and 11.1.

  • SOR/90-244, s. 9(F)
  • SOR/92-248, s. 3

 [Repealed, SOR/98-216, s. 4]

Registration of Establishments

  •  (1) An application for the registration of an establishment, or for the renewal or amendment of an existing registration, shall be made to the Director, in a form provided by the Agency, accompanied by the applicable fee prescribed by the Canadian Food Inspection Agency Fees Notice, and shall contain the following information:

    • (a) the name, address, including the postal code, telephone number and, if any, facsimile number of the applicant and of the establishment, where they are different from those of the applicant;

    • (b) whether it is an application for a new registration or for the renewal or amendment of an existing registration;

    • (c) the existing registration number, if any;

    • (d) whether the establishment is owned by an individual, a partnership, a cooperative or a corporation;

    • (e) the name under which the establishment operates, where the name is different from that of the applicant;

    • (f) the names and titles of all owners, partners, officers and directors of the establishment; and

    • (g) an estimate of the volume of milk that the establishment will receive or the quantity of dairy products that the establishment will produce during the 12 months following the date of application.

  • (2) An application referred to in subsection (1) shall have annexed thereto

    • (a) plans and specifications for the establishment that shall include

      • (i) the dimensions and intended uses of the rooms and the positions of doors, windows, stairways and drains,

      • (ii) descriptions of the lighting, refrigeration, ventilation and plumbing systems,

      • (iii) descriptions of the types and location of equipment to be used in the establishment,

      • (iv) descriptions of the materials used in the construction of equipment, floors, walls, ceilings and openings, and

      • (v) descriptions of the location of the establishment in relation to adjacent buildings, roads, railways, waterways and public utilities; and

    • (b) a copy of an outline of a sanitation program for the establishment, indicating

      • (i) the person responsible for carrying out the program,

      • (ii) the equipment and chemical agents available for use to bring about and maintain clean and sanitary conditions, and

      • (iii) the measures proposed to be taken to ensure clean and sanitary conditions.

  • (3) Where an establishment in respect of which an application referred to in subsection (1) is made meets the conditions set out in section 11, the Director shall

    • (a) register the establishment by entering its name in the register of registered establishments of the Agency and by assigning it a registration number; and

    • (b) issue a Certificate of Registration to the person operating the establishment.

  • (4) The operator shall post the Certificate of Registration issued to the operator under subsection (3) in a conspicuous place in the registered establishment for the period during which the Certificate remains in force.

  • (5) The operator shall not assign or transfer the Certificate of Registration issued in respect of that establishment.

  • (6) Subject to sections 10.1 and 10.2, a Certificate of Registration is valid until the expiry date stated on the Certificate.

  • (7) [Repealed, SOR/98-216, s. 5]

  • SOR/90-111, s. 4
  • SOR/96-362, s. 1
  • SOR/97-292, s. 16
  • SOR/98-216, s. 5
  • SOR/2000-183, s. 22
  • SOR/2000-184, s. 32
  • SOR/2000-317, s. 5

Suspension of Registration

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

    • (a) where

      • (i) the establishment does not meet the requirements of the Act or these Regulations, or

      • (ii) the operator does not comply with the provisions of the Act or these Regulations;

    • (b) it is reasonable to believe that public health will be endangered if the establishment is allowed to continue operating; and

    • (c) the operator has failed or is unable to take immediate corrective measures to remedy any situation referred to in paragraph (a).

  • (2) No registration shall be suspended under subsection (1) unless

    • (a) an inspector has, at the time of the inspection, notified the operator of the failure to comply with any provision of the Act or these Regulations;

    • (b) an inspector has provided the operator with a copy of an inspection report prepared by the inspector that sets out the grounds for suspension, the required corrective measures and the dates by which those measures must be implemented in order to avoid suspension and cancellation; and

    • (c) a notice of suspension of registration is delivered to the operator.

  • (3) A suspension of a registration under subsection (1) shall remain in effect

    • (a) until the required corrective measures have been taken and have been verified by an inspector; or

    • (b) where a cancellation procedure has been commenced under section 10.2, until the resolution of the cancellation issue.

    • (c) [Repealed, SOR/2004-80, s. 9]

  • SOR/90-111, s. 4
  • SOR/2000-317, s. 6
  • SOR/2004-80, s. 9

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) the owner or operator of the establishment has changed; 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/90-111, s. 4
  • SOR/2000-317, s. 7(E)
  • SOR/2004-80, s. 10

Conditions Respecting Registered Establishments

  •  (1) Every registered establishment shall be situated on land that

    • (a) is free from debris and refuse;

    • (b) provides or permits good drainage; and

    • (c) 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 dairy products in the establishment.

  • (2) Every registered establishment shall

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

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

    • (c) be separate from and have no direct access to living quarters, livestock housing and areas in which operations are incompatible with the handling of a dairy product;

    • (d) be protected against the entry of insects, birds, rodents or other vermin or any thing that is likely to contaminate dairy products;

    • (e) have, where an exposed dairy product is prepared, floors, walls and ceilings that are

      • (i) of a hard finish that is suitable for cleaning,

      • (ii) smooth,

      • (iii) impervious to moisture,

      • (iv) free from pitting, indentations, cracks, crevices and ledges, and

      • (v) in the case of floors, sloped for adequate drainage;

    • (f) have rooms and areas that have adequate lighting, ventilation and plumbing to meet the requirements of the operations carried out in those rooms and areas and that are constructed so as to facilitate the cleaning and disinfection of those rooms and areas;

    • (g) be equipped, in those areas where dairy products, ingredients, food additives or packing materials are exposed, with light bulbs and fixtures that are of a type that will not cause dairy product contamination in the event of breakage;

    • (h) have a sufficient number of rooms to accommodate the separation of incompatible operations;

    • (i) have, if dairy products are graded therein, a room for this purpose that is adequate in size to set out necessary samples;

    • (j) have dressing rooms, lunch rooms and 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) in the case of lavatories, separate from and not leading directly into any room used for handling a dairy product;

    • (k) subject to subsection (3), 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;

    • (l) have adequate means of waste removal and disposal;

    • (m) have drainage and sewage systems that are

      • (i) in accordance with the plumbing code of the province in which the establishment is located,

      • (ii) adequate to handle all wastes,

      • (iii) equipped with traps and vents,

      • (iv) designed and constructed so that there is no cross- connection between the effluent of human wastes and any other wastes in the establishment, and

      • (v) designed and constructed in a manner that prevents the contamination of a dairy product;

    • (n) have, for the preparation of a dairy product, equipment that is

      • (i) constructed of corrosion-resistant material, free of any noxious constituent and capable of being cleaned,

      • (ii) accessible for cleaning, maintenance and inspection or easily disassembled for those purposes, and

      • (iii) effective for the purpose for which it is intended;

    • (o) have food contact surfaces that are

      • (i) non-toxic,

      • (ii) smooth,

      • (iii) free from pitting, crevices and loose scale,

      • (iv) unaffected by dairy products,

      • (v) capable of withstanding repeated exposure to normal cleaning, and

      • (vi) non-absorbent;

    • (p) have adequate facilities and means for the thorough washing, cleaning and sanitizing of equipment;

    • (q) be equipped with appropriate container cleaning equipment; and

    • (r) be equipped with adequate means of establishing, maintaining and verifying the temperature and humidity of rooms in which dairy products are located.

  • (3) A registered establishment may use water other than potable water referred to in paragraph (2)(k) where it is used solely for fire protection, boilers or auxiliary services and there is no connection between the system for that water and the system for potable water.

  • SOR/88-88, s. 11(E)
  • SOR/89-16, s. 3
  • SOR/90-111, s. 4
  • SOR/95-548, s. 2(E)
 
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