industry update on the food premises regulation 493/17, under … relations... · 2018-08-13 ·...

Industry update on the Food Premises Regulation 493/17,

under the Health Protection and Promotion Act

Health Improvement Policy and Programs Branch

July 24, 2018

Purpose:

To update industry partners on the regulatory changes and

implementation of the Food Premises Regulation 493/17,

under the Health Protection and Promotion Act.

Agenda:

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Introductions

Overview of Key Changes

Questions and Answers

Discussion

Regulation Updates

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O. Reg. 562 – Food Premises (1967)

O. Reg.565 – Public Pools (1944)

O. Reg. 428/05 – Public Spas (2005)

O. Reg. 568 – Recreational Camps (1940)

O. Reg. 554 Camps in Unorganized Territory (1944)

O. Reg. 493/17 – Food Premises

O. Reg.565 – Public Pools (2017)

O. Reg. 495/17 – Public Spas Revocation

O. Reg. 503/17 – Recreational Camps

O. Reg. 502/17 - Camps in Unorganized Territory

O. Reg. 499/17 – Transitional SDWS (repeal)

All regulations came into force on July 1, 2018 – except for the repealing regulation of the

Transitional SDWS regulation which came into force on January 1, 2018.

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Implementation

Ontario’s 35 public health units (PHUs) are mandated to implement, monitor and

enforce the new Food Premises Regulation 493/17.

Training and Education activities include:

• Industry webinar in May 2018 leading up to the implementation of the new

regulation.

• Resource development and training for PHIs, food premise operators (i.e.

webinar materials, Q’s and A’s, fact sheets, technical reference documents,

etc.).

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Food Premises Regulation

493/17, under the Health

Protection and Promotion Act

• Replace prescriptive requirements throughout the regulation with

outcomes-based requirements.

• Provides flexibility in addressing context specific elements of a food

premise.

• Reduces burden on food premise owners/operators (i.e., removing

freezing temperature -18 degree C, aligned sanitizers with Health

Canada and CFIA).

• Updated terminology by aligning definitions for food contact surfaces

and sanitizing with the Food Retail and Food Services Code and

address gaps by introducing definitions for low-risk food, potentially

hazardous food, food handler, mobile food premises, equipment, food

handler training and hand washing station.

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Food Premises Regulation: General Requirements

Regulatory

Change

Description

Food Handler

Training

• Require at least one food handler or supervisor on the premise

who has completed food handler training during every hour in

which the premise is operating

Alignment with

Building Code

• Remove requirements for sanitary facilities and lighting where

those requirements are dealt with in the Ontario Building Code.

• For example, removal of requirements for sanitary facilities for

each sex

Temperature

Control

• Specify 2 hours as the maximum time allowable that potentially

hazardous food can be out of temperature control for the

preparation, processing and manufacturing of the food.

• Prohibits re-served food unless it had been served in a container

or package that protects the food from contamination and is not

a potentially hazardous food.

• Requirement to ensure adequate equipment is available for the

refrigeration or hot-holding of potentially hazardous food.

• Remove prescriptive internal cooking temperatures for specific

foods items and requires food is processed in a manner that is

safe to eat

• Remove temperature control requirements such as (e.g. 13°C for

transport of graded eggs and freezing temperatures of -18°C)

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Food Premises Regulation: General Requirements Cont’d

Regulatory

Change

Description

Cleaning and

Sanitizing

• Expand on the use of sanitizing agents by setting criteria for

their use

• Add National Sanitation Foundation (NSF) mechanical

dishwashers

• Removed the requirement to double the concentration of

sanitizer when sanitizing large equipment that cannot be

washed in a sink or mechanical dishwasher

Food Purchases • Requires operators to retain records of food purchases until the

anniversary of the purchase date.

• Requires food is purchased from an inspected source subject to

inspection by the Government of Canada or Ontario, or by any

agency of either ,if that food item is liable under law to

inspection by these agencies.

Pest Control • Every food premise shall be protected against the entry of pests

and kept free of conditions that lead to harbouring or breeding of

pests.

• Records for any pest control measures taken are retained for at

least one year after they are made. 8


Regulatory

Change

Description

Commodities

Eggs

Meat

Dairy

• non-hen eggs permitted in food premises that are free of cracks,

clean condition and held at 4 degrees C.

• Written food safety procedures for manufactured meat products

that are customarily eaten without further cooking and obtain

approval by the medical officer of health or public health

inspector.

• Update for Milk and Milk Products (i.e., sheep milk)

• Added time and temperature requirements for batch

pasteurization and high temperature short time system

pasteurization of milk with 10% fat or higher.

• Requires proof of pasteurization and processing records

and retain pasteurization records.

• Requires the use of a pasteurization recording device

during pasteurization.

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Questions and Answers

Question 1: Why was the requirement to double the

concentration of sanitizer when sanitizing large equipment

removed from the regulation?

Answer 1: Based on evidence, it was removed to follow the

manufacturer’s instructions for use in a food premises.

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Ontario Regulation 493/17: Food Premises

PART IV

Cleaning and Sanitizing

Question 2: What was the rationale for allowing the use of alternative sanitizing agents for utensils?

Answer 2: The Food Premises Regulation provides flexibility and consistency to align approved sanitizing agents with Health Canada and the Canadian Food Inspection Agency. This offers industry a wider range of options for sanitizers, as long as they are used for the intended purpose and in accordance with manufacturer’s instructions. They are also required to have a test reagent for determining the concentration of the sanitizer residual.

.

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PART IV


Question 3: How can it be determined an NSF international certified dishwasher is in compliance with the regulation?

Answer 3: The exemption applies to a mechanical dishwasher that bears a certification from NSF International that certifies it for commercial use. If the mechanical dishwasher does not bear a certification from NSF International then the mechanical dishwasher would be required to meet the under the requirements of section:

Mechanical dishwashers

20. (1) Mechanical dishwashers must be,

(a) so constructed, designed and maintained that,

(i) the wash water is sufficiently clean at all times to clean the dishes and is maintained at a temperature not lower than 60 Celsius or higher than 71°Celsius, and

(ii) the sanitizing rinse is,

(A) water that is maintained at a temperature not lower than 82° Celsius and is applied for a minimum of 10 seconds in each sanitizing cycle, or

(B) a chemical solution described in clause 19 (b), (c), (d) or (e); and

(b) provided with thermometers that show wash and rinse temperatures and that are so located as to be easily read.

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PART IV


Question 4: The regulation requires the operator of a food premise to

maintain records of all pest control measures that are undertaken in

the premise and to retain the records for at least one year after they

are made. Is using a pest control company a requirement to be in

compliance?

Answer 4: The addition of pest control requirements are to ensure a food

premise is protected from pest activity and to adequately address pest

activity issues. This requirement also ensures that operators are

responsible for monitoring and control measures such as integrated pest

management. Whether an operator has a contract with a pest control

company or monitors pests on their own, records are to be maintained for

an one year period of time.

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PART III

Operation and Maintenance

Question 5: What is the definition of an adequate number of hand

washing stations?

Answer 5: This is an outcome-based requirement and it does not

prescribe a definition of an adequate number of hand washing

stations. Food premise owners/ operators are encouraged to work

with public health inspectors on a case-by-case basis to ensure food

handlers have convenient access to hand washing stations and to

wash hands as often as necessary to prevent the contamination of

food or food areas.

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PART III

Operation and Maintenance

Question 6: Why were the specific

internal cooking temperatures of

certain types of hazardous food

products removed from the

regulation?

Answer 6: Internal cooking

temperatures have been removed and

replaced with an outcome-based

requirement to ensure food is processed

in a manner that is safe to eat.

This allows food premises owners and

operators flexibility to prepare food items

such as sous-vide and steak tartar that

had been previously prohibited.

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PART VI

Food Handling

Question 7: The regulation only references food handler training. Does this mean that food handling certificates are not required?

Answer 7: The regulation requires that at least one food handler or supervisor at a food premise has completed a food handler training course. A certificate is awarded upon when the course is completed. This may be required to be presented to a PHI during the inspection of a food premise.

The provincial food handler training plan, in accordance with the Operational Approaches for Food Safety Guideline, 2018, includes minimum requirements for public health unit program delivery. A component of the food handler training program requirements includes a 70% pass on the examination and issuance of a certificate to the successful candidates.

The PHI may wish to recommend to the food premises operator to have more than one/multiple trained/certified food handlers and/or supervisors on site at the food service premise to ensure adequate coverage.

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PART VI

Food Handling

Question 8a: What is meant by a food service premise?

Answer 8a: Definition of a food service premise: any food premise

where meals or meal portions are prepared for immediate

consumption or sold or served in a form that will permit immediate

consumption on the premises or elsewhere. Examples include:

restaurants, food take-out, or convenience stores that serve food

items that include a component of food handling such as serving hot

foods that can be eaten immediately.

Question 8b: What is a “potentially hazardous food”?

Answer 8b: Potentially hazardous foods are generally defined as

foods in a form or state that are capable of supporting the growth of

infectious and/or toxigenic microorganisms, and require time and

temperature control to limit such growth.

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PART VI

Food Handling

Question 9: With the new requirement for food handlers training in the

regulation, will food service operators have sufficient access to

standardized training?

Answer 9: The Provincial Food Handler Training Plan under the Operational

Approaches for Food Safety Guideline, 2018, consists of a number of

mechanisms to increase consistency in food handler training across the

province, including:

• A Provincial Food Handler Training Manual

• Standardized Food Handler Training Program Requirements

• Standardized Food Handler Training Examinations

• A Provincial Food Handler Certification Card

PHUs are to ensure the availability of food handler training in their jurisdiction.

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PART VI

Food Handling

Q10: Why is it important that certain food products or ingredients are

supplied to food premises from facilities that are regulated by other

provincial or federal legislation? How will an operator demonstrate

compliance with this requirement?

A10: It is important to ensure that products or ingredients are purchased

from approved and safe sources. Food premise owners and operators must

obtain food products (e.g., dairy, eggs, honey) from sources that are subject

to inspection under provincial and federal legislation (Ontario Ministry of

Agriculture, Food and Rural Affairs and the Canadian Food Inspection

Agency).

Records must be retained for all food items used in the food premise at the

minimum until the first anniversary of the purchase. This requirement will aid

in verifying product traceability in the event of a foodborne illness outbreak.

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PART VI

Food Handling

Question 11a: Do eggs need to be graded?

Answer 11a: Yes, Section 47. (1) states, “no operator of a food

premise shall store, handle, serve, process, prepare, display,

distribute, transport, sell or offer for sale ungraded or Grade “C”

eggs.”

Question 11b: Have changes been made to address eggs used

in food premises other than those from hens?

Answer 11b: Yes, eggs from animals other than the domestic hen

are permitted provided they are in clean condition, with no visible

cracks, at the time they enter the food premise and are transported

and stored in a cold-holding temperature of 4°Celsius or less.

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PART VII

Commodities

Food Industry Discussion Questions and PHU Responses

Question 1: Every operator of a food premise shall ensure that the

results of any inspections conducted by a pubic health inspector are

posted in accordance with the inspector’s request. How and when do

public health inspectors request posting of inspection results?

PHU Response 1: Uses the star system as a summary of compliance result.

The signage is posted at the food premise at the end of the inspection.

PHU Response 2: The results of the inspection are posted online, there is

no grading system on the signage at the food premise, it simply refers the

public to the PHU website.

PHU Response 3: Has had a bylaw in place for disclosure posting of

inspection results. The program uses the green, yellow, and red signage

format and inspection results are accessible through the PHU website.

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Question 2: The equipment used for refrigeration or hot holding of

potentially hazardous food must contain accurate indicating thermometers

that may be easily read. How would this apply to steam tables?

PHU Response 1: Will evaluate on a case by case basis as the end goal is the

safe temperature control of the food item.

PHU Response 2: Will determine if long term storage could include a

thermometer, if not feasible, the use of a probe thermometer and monitoring

holding temperatures of the food item would be acceptable.

PHU Response 3: This is an outcome-based approach where the focus is on the

temperature holding of the food item, not necessarily the temperature of the

steam table.

Summary: PHUs are focused on ensuring food safety and adequate hot holding

of the food item. The use of temperature monitoring through probe thermometers

and recording of temperatures is recommended.

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Question 3: There are requirements to retain records such

as pest control or food purchases. Can the records be

available and or provided electronically?

PHU Response: All three PHU’s accept electronic records.

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Food Industry Discussion Questions

Question 4: All food must be processed in a manner that is

safe to eat. How would a public health inspector verify this

during an inspection?

PHU Response: The PHUs discussed HACCP principles as an

approach to ensure the food items are processed in a safe manner.

It is best practice to develop a food safety plan to facilitate

communication and common understanding of food safety practices.

Note: Although probe thermometers are not a requirement in the

Food Premises Regulation, they are a recognized tool that is used to

assist in ensuring food is processed in a manner that is safe to eat.

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industry update on the food premises regulation 493/17, under … relations... · 2018-08-13 ·...

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