46 Interpretation
47 Notification of community organization function
48 Duration of function
49 Food handling requirements
50 Education
Part 6
Bed and Breakfasts
51 Requirement for permit
52 Food handling requirements
Part 7
Transitional, Repeal, Expiry
and Coming into Force
53 Transitional
54 Repeal
55 Expiry
56 Coming into force
Interpretation
Interpretation
1(1) In
this Regulation,
(a) “abattoir”
means an abattoir within the meaning of the Meat Inspection Regulation
(AR 42/2003);
(b) “Act”
means the Public Health Act;
(c) “approved
food establishment” means a food establishment in respect of which a food
handling permit has been issued by a regional health authority;
(d) “bake
sale” means the sale of low risk foods by a community organization exclusively
for the purpose of raising funds for the operation of the community
organization or for another charitable purpose, but does not include a bake
sale operated as part of a special event;
(e) “bed
and breakfast” means a private dwelling occupied by the owner or operator that
offers overnight lodging and breakfast, but no other meal, for a fee, to no
more than 8 registered guests at one time;
(f) “commercial
caterer” means a person who handles food for the purpose of serving the food at
varying locations for some form of compensation;
(g) “commercial
food establishment” means a food establishment that is neither specifically
exempt from the operation of this Regulation nor dealt with in Part 3, 4, 5 or
6;
(h) “community
organization” means a non‑profit organization, including but not limited
to a community association, service club, multicultural association, church,
school, sports team or recreational club;
(i) “community
organization function” means an occasional function open to the general public
at which food is provided for attendees by volunteer caterers, where the
function is run by a community organization exclusively for the purpose of
raising funds for the operation of the community organization or for another
social or charitable purpose, including but not limited to community sports
events, fall harvest suppers and wild game dinners, but does not include a
community organization function operated as part of a special event;
(j) “container”
means a receptacle or covering used to contain, cover, package or wrap food;
(k) “contamination”
means
(i) foreign matter, including filth or a pest,
(ii) poisonous substances, disease‑causing micro‑organisms
or parasites, or toxins, or
(iii) any substance that might render food unsafe for human
consumption;
(l) “equipment”
means any appliance, apparatus or device that is or may be used in the
operation or maintenance of a food establishment, but does not include
utensils;
(m) “executive
officer” means an executive officer within the meaning of section 9 or 16 of
the Act;
(n) “farmers’
market” means a food establishment whose proposed operation has been approved
by the Minister responsible for agriculture as an approved farmers’ market
program under the administration of that Minister’s department;
(o) “farmers’
market permit” means a permit issued or renewed under Part 1 for the operation
of a farmers’ market;
(p) “food”
means any substance, including water and ice, intended for use in whole or in
part for human consumption, but does not include a drug, medication or health
related product regulated under the Pharmaceutical Profession Act or the
Food and Drugs Act (Canada);
(q) “food
bank” means a non‑profit organization that
(i) operates exclusively to provide food to persons in need,
(ii) provides food for consumption by such persons off the
organization’s premises, and
(iii) does not process food;
(r) “food
establishment” means a place where food is handled;
(s) “food
handler” means an individual who handles food, utensils or equipment;
(t) “food
handling area” means the area in a food establishment where food is handled and
includes all equipment and utensils in the area;
(u) “food
handling permit” means a permit for the operation of a commercial food
establishment issued or renewed under Part 1;
(v) “handle”
means, in relation to food, the supply, sale, offering for sale, processing,
preparation, packaging, providing, display, service, dispensing, storage or
transportation of any food that is intended for public consumption;
(w) “handwashing
station” means a station that is equipped with a hand basin and hot and cold
running water and that, in its immediate vicinity,
(i) has a dispenser for the provision of soap or is otherwise
provided with soap in a container, and
(ii) has a method of hand drying that uses single service products or
a mechanical hand dryer;
(x) “high‑risk
food” means a food with a pH level or a water activity level, or a combination
of pH and water activity levels, that will support the growth of pathogenic
micro‑organisms or the production of their toxins;
(y) “low‑risk
food” means a food with a pH level or a water activity level, or a combination
of pH and water activity levels, that generally will not support the growth of
pathogenic micro‑organisms or the production of their toxins;
(z) “meat
inspection legislation” means the Meat Inspection Act or the Meat
Inspection Act (Canada) and the regulations under either of them, as the
case may be;
(aa) “mobile
food establishment” means a food establishment where the handling of food is
primarily conducted from a vehicle as defined in the Traffic Safety Act;
(bb) “mobile
work camp kitchen” means a mobile food establishment used for the handling of
food at a work camp;
(cc) “nuisance”
means a condition that is or might become injurious or dangerous to the public
health, or that might hinder in any manner the prevention or suppression of
disease;
(dd) “operator”
means the person who manages or directs the handling of food in a food
establishment, and includes an owner as defined in the Act;
(ee) “permit”
means a food handling permit or a farmers’ market permit issued or renewed
under Part 1;
(ff) “pest”
means
(i) rodents, cockroaches, flies or other insects or other vermin, and
(ii) any other animals that are potentially destructive to the
sanitary operation or maintenance of a food establishment;
(gg) “place”
includes any premises or vehicle;
(hh) “potluck”
means a gathering of individuals where some or all of the attendees bring food
to be shared with the other attendees at no cost to the attendees and includes,
without limitation, company or church picnics and neighbourhood block parties;
(ii) “pre‑packaged
food” means food that was already packaged when the person who is selling the
food obtained it;
(jj) “processing”
means transforming food and includes, without limitation, the thawing, heating,
cutting, cooking, smoking, chilling, reheating, salting, canning, freezing and
pasteurizing of food;
(kk) “Province”
means the Province of Alberta;
(ll) “regional
health authority” means a regional health authority established under the Regional
Health Authorities Act;
(mm) “restricted
function” means a function that is
(i) run by a community organization or an individual exclusively for
the benefit of the members of the organization or the individual’s family, and
(ii) not open to the general public,
where attendance is by
personal invitation and food is provided for attendees by volunteer caterers,
including, without limitation, meetings, retreats and family reunions;
(nn) “sanitary”
means free from contamination;
(oo) “sanitize”
means to treat in such a way as to reduce the micro‑organism population
to a level that does not constitute an unsanitary condition;
(pp) “serve”
includes dispense, supply, feed, sell, distribute or provide in any manner;
(qq) “service
animal” means an animal that is specifically trained or being trained for the
purpose of providing assistance to persons with disabilities;
(rr) “single
service” means designed to be used only once and then discarded;
(ss) “social
care facility” means an operation that provides care to children or adults who
require special care and includes, without limitation, a day care, a family day
home, nursery school and an adult group home;
(tt) “special
event” means an event open to and where food is made available to the general
public that operates for not more than 15 days within a calendar year in any
one health region and includes, without limitation, fairs, festivals,
exhibitions, promotional events and carnivals;
(uu) “stallholder”
means a person who rents space at a farmers’ market;
(vv) “temporary
food establishment” means a food establishment that operates exclusively at
special events;
(ww) “utensils”
means kitchenware, tableware, cutlery and other similar items used in the
processing, serving or consuming of food;
(xx) “volunteer
caterer” means a food handler who provides food for community organization
functions and restricted functions and who receives no or at most nominal
compensation for doing so;
(yy) “work
camp” means a work camp within the meaning of the Work Camps Regulation
(AR 218/2002).
(2) For the purposes of this Regulation,
all food in a food establishment is deemed to be intended for public
consumption unless it is clearly segregated and is identified to the satisfaction
of the executive officer
(a) as
being held for return to an identified supplier or owner,
(b) for
disposal, or
(c) for
the personal use of the operator, food handlers or employees working in the
food establishment.
(3) For the purposes of this Regulation,
(a) references
to performing an activity are deemed to include omitting to act, and
(b) references
to any place where an activity takes place are to be taken to include
references to any place in, on or from which that activity takes place.
Application
2(1) In
this Regulation,
(a) Part
2 applies to commercial food establishments,
(b) Part
3 applies to farmers’ markets,
(c) Part
4 applies to special events and temporary food establishments,
(d) Part
5 applies to community organization functions, and
(e) Part
6 applies to bed and breakfasts.
(2) This Regulation does not apply to
food handling for the purpose of operating
(a) a
bake sale,
(b) a
restricted function,
(c) a
potluck,
(d) a
private dwelling where food is handled for consumption by the residents of the
dwelling and their guests,
(e) a
social care facility that provides care to no more than 10 people,
(f) a
vending machine that dispenses pre‑packaged food or food supplied by a
commissary or depot that warehouses food for vending machines and which is
identified on a food handling permit,
(g) a
dairy manufacturing plant licensed under the Dairy Industry Act,
(h) a
facility subject to licensing or inspection under the applicable meat
inspection legislation, including an abattoir,
(i) a
business that exclusively sells liquor or liquor related products, excluding
ice that is not pre‑packaged, under a licence issued under the Gaming
and Liquor Act,
(j) a
farm selling unprocessed horticultural products, when the products come from a
farmer’s farm and the sale is conducted by the farmer from the farm,
(k) a
place registered with the Canadian Food Inspection Agency,
(l) a
business that provides customers with complimentary low risk foods but is not
otherwise engaged in food handling, or
(m) any
other operation or event that is specified by the Minister in writing.
(3) Notwithstanding subsection (2) or
any other exemption under this Regulation, no food handling is exempt from the
operation of this Regulation if, in the opinion of the regional health
authority, the exemption would or is likely to create a nuisance.
(4) If a regional health authority has
decided under subsection (3) that food handling that would otherwise be exempt
from the operation of this Regulation would or is likely to create a nuisance,
the regional health authority, in addition to any other remedy provided under
the Act or regulations, may by order establish in what respect and to what
extent the provisions of this Regulation apply to the food handling.
(5) A decision of a regional health
authority under subsection (3) or an order made by the regional health
authority under subsection (4) may be appealed to the Public Health Appeal
Board in accordance with section 5 of the Act.
(6) The Food Retail and Foodservices
Code prepared and published by the Department and dated October 2003 is
hereby adopted as amended from time to time and forms part of this Regulation.
Part 1
Permits and Operation under Permit
Requirement for permit
3(1) No
person shall operate a food establishment unless
(a) the
person is an operator who holds a valid and subsisting permit for the operation
of the food establishment, and
(b) the
food establishment is identified on the permit as approved by the regional
health authority that issued the permit.
(2) Subject to section 2(2) and Parts 3
and 5, no person shall handle food except in an approved food establishment.
(3) Notwithstanding subsection (1), a
permit is not required for the operation of
(a) a
community organization function,
(b) a
business that provides individually portioned samples of a particular food at
no charge for the purpose of promoting the sale of that food,
(c) a
stall at a farmers’ market, or
(d) a
temporary food establishment at a special event.
(4) An operator whose activities are
exempt under subsection (3) from the permit requirements of this Regulation
must ensure that all food handling complies with the relevant provisions of
this Regulation.
Permits
4(1) An
application for a permit must be made to the regional health authority in whose
health region the applicant proposes to handle food.
(2) An application for a permit must be
in writing in the form required by the regional health authority and must
(a) identify
the food establishment that the applicant proposes to operate,
(b) identify
the operator, and
(c) provide
any other information required by the regional health authority including,
without limitation, information regarding any vehicles that are an integral
part of the food handling operation.
(3) A regional health authority may at
any time require an applicant to provide it with further information respecting
the application.
(4) A regional health authority must
issue a permit to an applicant after
(a) receiving
the properly completed application,
(b) receiving
the permit fee in the amount set by the Minister, and
(c) being
satisfied that the proposed operator and food establishment meet the applicable
requirements of this Regulation.
(5) A regional health authority must
establish a system and rules for renewals of permits and those rules must
include the requirement to pay to the regional health authority the renewal fee
in the amount set by the Minister, and any other direction given by the
Minister.
(6) A permit that approves and
authorizes the operation of a mobile food establishment
(a) is
valid across the Province, and
(b) may
be issued by any regional health authority in whose health region the mobile
food establishment or establishments operates.
(7) A permit may approve and authorize
the operation of only one food establishment.
(8) Where a person operates more than
one mobile work camp kitchen within the jurisdiction of a single regional
health authority, notwithstanding subsection (7), one permit from that
authority covers all of those mobile work camp kitchens in that jurisdiction to
the extent that a mobile work camp kitchen has not provided services to or
remained located at any one particular work camp in that jurisdiction for a
continuous period of 12 months that expires at any time within the term of the
permit.
Permit information
5(1) A
regional health authority must ensure that each permit granted by it
(a) states
the name of the operator,
(b) identifies
the location of the food establishment approved under the permit,
(c) states
the term for which the permit has been granted, and
(d) is
signed by an executive officer.
(2) In addition to the requirements of
subsection (1), where a permit applies to a mobile food establishment, the
permit must identify the vehicle that is used.
Notification by
permit holder
6 A permit holder must notify the regional
health authority that issued the permit in writing regarding
(a) any
change in the information provided in the application for the permit, or
(b) any
change in the operation of or major renovations or alterations to the food
establishment in respect of which the permit was issued.
Term and duration
7(1) The
term of a permit must not exceed a period of one year.
(2) A permit is valid until the end of
its term unless the permit is suspended under section 11 or cancelled under
section 12.
(3) Notwithstanding subsections (1) and
(2), on the death of an operator who held a valid and subsisting permit under
this Regulation, the deceased’s legal personal representative may continue to
operate the food establishment in respect of which the permit was issued for a
period of 12 months following the date of death if
(a) the
regional health authority is notified of the death,
(b) the
permit renewal fee is paid prior to the expiry date of the original permit, and
(c) the
food establishment is operated in accordance with this Regulation and any
conditions to which the permit is subject.
Permit fee exemptions
8(1) An
operator is exempt from paying the permit issue or renewal fee if the operator
(a) operates
an organization that is registered as a charitable organization under the Income
Tax Act (Canada),
(b) sells
only pre‑packaged low‑risk foods,
(c) operates
a social care facility that provides care to more than 10 people,
(d) operates
a bed and breakfast, or
(e) is
specified in writing by the Minister as exempt.
(2) The regional health authority may
exempt an operator from payment of the permit issue or renewal fee if it
considers the exemption appropriate.
Terms and conditions
9(1) A
regional health authority may make the issue or renewal of a permit subject to
(a) restrictions
on the type of food that, or the manner in which any type of food, may be
served, manufactured, processed or stored, and
(b) any
other terms and conditions the regional health authority considers to be
appropriate.
(2) The terms and conditions must be
stated on the permit.
(3) The regional health authority may
recall a permit and add to, delete or vary the terms and conditions to which a
permit is subject.
(4) An operator must ensure that the
terms and conditions of the permit are not contravened.
(5) A person who carries on any activity
under the purported authority of a permit must comply with the terms and
conditions of the permit.
(6) A regional health authority that
issues a permit to a commercial caterer must include as a condition on the
permit the requirement that all food handling must occur in an approved food
establishment except for the serving of the food.
Non‑transferability
10 Subject to section 7(3), a permit is not
transferable.
Suspension
11 A regional health authority may suspend a
permit where it considers that
(a) there
is an unsanitary condition in the food establishment, or
(b) there
has been a contravention of the Act, an order under section 62 of the Act, the
regulations under the Act or a term or condition of a permit, whether or not
the permit holder has been prosecuted in respect of the contravention.
Cancellation
12(1) A
regional health authority may cancel a permit where
(a) the
permit is under suspension and the conditions that led to the suspension are
not rectified within a reasonable time after the suspension,
(b) the
approved food establishment is no longer operated at the premises where the
permit indicates the food establishment is to be operated,
(c) the
operator that is identified on the permit ceases to be the operator of the
approved food establishment,
(d) there
has been a contravention of the Act, an order under section 62 of the Act, the
regulations under the Act or a term or condition of a permit, whether or not
the permit holder has been prosecuted in respect of the contravention, or
(e) the
operator applies to have the permit cancelled.
(2) A permit remains the property of the
regional health authority that issued or renewed it.
(3) If
a permit is suspended or cancelled, the operator must return the permit to the
regional health authority that suspended or cancelled it.
(4) A permit issued to a mobile food
establishment may be suspended or cancelled by any regional health authority in
whose region the mobile food establishment operates.
(5) If a permit that has been issued to
a mobile food establishment is suspended or cancelled by a regional health
authority other than the authority that issued or renewed it, the authority
that suspended or cancelled the permit must notify the authority that issued or
renewed it in writing of the suspension or cancellation.
Notification
13(1) Where
an application for a permit or a renewal is refused, the regional health
authority must
(a) notify
the applicant in writing of that fact, and
(b) return
the permit issue or renewal fee, as the case may be, to the person who paid it.
(2) Where a permit is suspended or is
cancelled, the authority must notify the operator of that fact, stating the
reasons for the suspension or cancellation.
(3) A notice of suspension or
cancellation of a permit must be in writing and is not valid unless signed by
an executive officer.
Display
14(1) An
operator must ensure that the permit is displayed in a conspicuous place in the
approved food establishment where it may be easily seen by persons served.
(2) A commercial caterer must ensure
that the permit is available for inspection by an executive officer.
Part 2
Commercial Food Establishments
Food handling permit
15(1) The
operator of a commercial food establishment must apply for a food handling
permit in accordance with Part 1 of this Regulation.
(2) An
operator must ensure that the operation and maintenance of the commercial food
establishment is conducted in accordance with this Part.
Approval of plans and
specifications
16 A person must not construct or make
alterations to a commercial food establishment unless plans and specifications
for the construction or alterations, as the case may be, have been approved by
the executive officer.
General construction
requirements
17(1) An
operator must ensure that, before operation of the commercial food
establishment commences, the commercial food establishment
(a) is
of sound construction and in a good state of repair,
(b) is
designed so as to facilitate the effective cleaning and sanitizing of it and of
all equipment, utensils and surfaces with which food comes into contact in it,
(c) is
designed so as to ensure the safe and sanitary handling of food in it,
(d) has
all its food handling areas separated from living quarters and from other areas
where activities are carried out that are incompatible with the safe and
sanitary handling of food,
(e) has
handwashing stations that are adequate in number and situated so as to ensure
convenient access by all food handlers, and
(f) is
(i) supplied with hot and cold running water that is safe for human
consumption and available in quantities sufficient to meet the needs of the
commercial food establishment,
(ii) connected to a lawful and properly operating sewage disposal
system,
(iii) equipped with lighting that is adequate in intensity to enable
the sanitary operation and maintenance of the food handling areas, and
(iv) equipped with a properly operating means of providing ventilation
to food handling areas that are subject to the generation or accumulation of
odours, fumes, steam, vapours, smoke or excessive heat.
(2) The operator must ensure that the
commercial food establishment is constructed to control the entry of pests.
(3) Nothing in this Part is to be
construed as setting aside or limiting any requirements of the Alberta
Building Code or the Occupational Health and Safety Act and the
regulations under that Act.
(4) The
executive officer may approve alternative arrangements for the requirements of
subsection (1)(f) if in the opinion of the executive officer the alternative
arrangements will not impair the safe and sanitary operation and maintenance of
the commercial food establishment.
Equipment, utensil
and food surface requirements
18 An operator must ensure that
(a) all
equipment and utensils used in the commercial food establishment and all
surfaces in it with which food comes into contact are entirely constructed or
manufactured from materials that are suitable for their intended purpose,
durable, easily cleanable and free from any undesirable substance, and
(b) all
refrigeration and hot holding equipment used in the commercial food
establishment is
(i) of a type and capacity that are adequate to meet the needs of the
commercial food establishment,
(ii) capable of maintaining the respective temperatures required by
section 25, and
(iii) equipped with an accurate thermometer.
Basic operating
requirements
19 A person must not operate a commercial
food establishment unless
(a) all
the requisite plans and specifications referred to in section 16 for the
commercial food establishment have been approved by the executive officer, and
(b) it
is constructed and maintained in accordance with that approval.
Storage of articles
and materials
20(1) All articles and materials in a commercial food
establishment that are not associated with or required for the operation or
maintenance of the food areas must be stored separately from the food and the
food areas and in a manner that contaminates neither.
(2) All
chemicals, cleansers and other similar agents associated with or required for
the operation or maintenance of the food areas must be stored
(a) in
containers that are not intended to be used to store food and that are clearly
labelled to identify their contents, and
(b) in
such a manner as to prevent the contamination of any food or food area.
Pests and control
measures
21(1) The commercial food establishment and any surrounding
area, premises or facilities supporting the commercial food establishment must
be kept free of pests and of conditions that lead to the harbouring or breeding
of pests.
(2) A
written record of all pest control measures used in the commercial food establishment
and surrounding area, premises and facilities referred to in subsection (1)
must be maintained.
Requirement to obtain
certain food from approved sources
22(1) Subject to this section, a commercial food
establishment must obtain all food that is liable under law to inspection by
the Government of Canada or Alberta or by an agency of either from a source
that is subject to inspection by that entity.
(2) Subsection
(1) does not apply to a food establishment that lawfully provides cutting and
wrapping services for uninspected meat, but such meat must be clearly labelled,
adequately separated from all other food and identified as not for public
consumption to the satisfaction of the executive officer.
(3) The
regional health authority may, where it is satisfied that public health will be
adequately protected, authorize the use of uninspected wild game, being
wildlife within the meaning of the Wildlife Act, for the holding of wild
game dinners or food bank or soup kitchen donations.
Contamination and
unfitness for human consumption
23(1) All food used or to be used in a commercial
food establishment must be
(a) protected
from contamination, and
(b) handled
in a sanitary manner.
(2) Subject
to any procedure involved in disposing of it that is otherwise in accordance
with the law, food that has become contaminated or otherwise unfit for human
consumption must not be served, offered for sale, processed, packaged,
displayed or stored for human consumption.
Processing
24 All food handling in a commercial food
establishment must be done in a manner that makes the food safe to eat.
Storage, display and
transportation
25(1) All high‑risk food must be stored,
displayed and transported at a temperature of
(a) not
more than 4ºC or such higher temperature, or
(b) not
less than 60ºC or such lower temperature
as an executive
officer stipulates under subsection (4).
(2) All
food that needs to be kept frozen in order to maintain its fitness for human
consumption must be and remain frozen while being stored, displayed, packaged
or transported.
(3) Subsection
(1) does not apply to whole raw shell eggs, which must be stored, displayed,
packaged or transported at a temperature not exceeding 7ºC or such other
temperature as an executive officer stipulates under subsection (4).
(4) An executive officer may authorize alternative
temperatures for the purposes of subsections (1) and (3), with associated
conditions, if applicable, if that officer is satisfied that those
temperatures, along with those conditions, pose no risk that the food will
become unfit for human consumption.
Transportation,
storage or distribution units
26 A commercial food establishment that is a
food transportation, storage or distribution unit must be operated in a manner
that does not create a nuisance.
Previously served
food
27 Food that has previously been served must
not be re‑served unless
(a) it
is a low‑risk food,
(b) it
has remained free of contamination, and
(c) either
(i) it is, and on each previous occasion was, served in a container
designed to prevent contamination, or
(ii) it is individually packaged, and has remained unopened and
untampered with in its original container.
Facilities, equipment
and utensils ‑ post‑construction
28(1) A commercial food establishment must have all
the facilities, equipment and utensils that are necessary to ensure its safe
operation and maintenance.
(2) A
commercial food establishment, all equipment and utensils in it and all
surfaces in it with which food comes into contact must be maintained in a
sanitary condition and, without limiting the foregoing, must be washed and
sanitized in a manner that removes contamination.
(3) All
equipment and utensils in a commercial food establishment must be
(a) kept
in good working order and condition, and
(b) maintained
in a manner that ensures the safe and sanitary handling of food.
(4) Single
service utensils must not be used more than once.
Sanitation procedures
29(1) A commercial food establishment must have
written procedures designed to ensure its safe and sanitary operation and
maintenance.
(2) The
procedures must include
(a) the
cleaning and sanitizing requirements for the commercial food establishment and
for all equipment and utensils in it, if any, that are not normally washed in a
dishwasher, and
(b) a
list of all cleaning and sanitizing agents used in the commercial food
establishment, including their concentrations and uses.
Food handlers ‑
hygiene and health
30(1) A food handler must
(a) wear
clean clothing and footwear,
(b) exhibit
cleanliness and good personal hygiene,
(c) ensure
that food is not contaminated by hair,
(d) wash
hands as often as necessary to prevent the contamination of food or food areas,
(e) refrain
from smoking in a food area, and
(f) refrain
from any other conduct that could result in the contamination of food or a food
area.
(2) A
person must not work as a food handler if prohibited from working by or under
the Communicable Diseases Regulation (AR 238/85).
(3) The
operator must ensure that subsections (1) and (2) are complied with.
(4) The
handwashing stations referred to in section 17(1)(e) must be maintained and
kept supplied.
Food safety training
31(1) A person operating a commercial food
establishment must, at any time when there are 5 or fewer food handlers working
on the premises, ensure that at least one individual who has care and control
of the commercial food establishment holds a certificate issued by the Minister
confirming that individual’s successful completion of a food sanitation and
hygiene training program or a document that the Minister considers equivalent
to such a certificate.
(2) A
person operating a commercial food establishment must, at any time when there
are 6 or more food handlers working on the premises, ensure that at least one member
of the management or supervisory staff of the commercial food establishment
holds a certificate or equivalent document referred to in subsection (1) and
that that individual is present at the commercial food establishment at the
time.
(3) This
section does not apply to a commercial food establishment where
(a) only
unpackaged food that is low‑risk is made available to the public, or
(b) all
the food received by the commercial food establishment for public consumption
is received in pre‑packaged form and is made available to the public only
in the same form in which it was received.
Live animals
32 A live animal must not be permitted in a
food area, except
(a) a
service animal to the extent that the law gives service animal handlers rights
with respect to that food area,
(b) an
animal that is in an abattoir in accordance with the meat inspection
legislation, or
(c) another
animal that the executive officer determines will pose no risk of the
occurrence of a nuisance in the commercial food establishment and whose
presence that officer specifically authorizes.
Part 3
Farmers’ Markets
Farmers’ market permit
33 The operator of a farmers’ market must
apply for a farmers’ market permit in accordance with Part 1 of this
Regulation.
General building requirements
34 Except where the Alberta Building Code
provides otherwise, a farmers’ market permit holder must ensure
(a) that
the farmers’ market is supplied with hot and cold running water that is safe
for human consumption and available in quantities sufficient to meet the needs
of the farmers’ market, and
(b) that
toilet and handwashing facilities of a design and in a number sufficient to
meet the needs of the farmers’ market are provided
(i) at the location of the farmers’ market, or
(ii) at a nearby location through agreement with another person.
Regular duties of
permit holder
35(1) A
farmers’ market permit holder must ensure that
(a) stallholders’
spaces are clean and sanitary,
(b) counters
and display areas in stallholders’ spaces are finished in or covered with a
material that is easily cleaned,
(c) stallholders’
spaces are cleaned at the end of each business day,
(d) there
are sufficient refuse containers to service the customers visiting the farmers’
market, and
(e) there
is sufficient removal of refuse at the end of each business day.
(2) A farmers’ market permit holder must
ensure that adequate clean‑up equipment is provided for the use of
stallholders.
Stallholder
requirements
36(1) A
stallholder must not sell, offer for sale, distribute, provide or otherwise
make available to the public
(a) uninspected
meat,
(b) home‑canned
food other than jam, jelly and pickles,
(c) any
food unless it is stored, displayed and transported in accordance with section
25,
(d) home‑prepared
food unless it is protected in a manner adequate to prevent customer handling
and contamination,
(e) unpasteurized
milk, or
(f) foods
containing one or more of the foods prohibited in clauses (a) to (e) as
ingredients.
(2) A stallholder must not sell, offer
for sale, distribute, provide or otherwise make available to the public whole
raw shell poultry eggs unless they are stored at a temperature not exceeding
7ºC.
(3) A
stallholder must ensure that food handlers
(a) wear
clean clothing and footwear,
(b) exhibit
cleanliness and good personal hygiene,
(c) ensure
that food is not contaminated by hair,
(d) wash
hands as often as necessary to prevent the contamination of food or food areas,
(e) refrain
from smoking in a food area,
(f) refrain
from any other conduct that could result in the contamination of food or a food
area, and
(g) do
not handle food if prohibited from working by or under the Communicable
Diseases Regulation (AR 238/85).
(4) The farmers’ market permit holder
must ensure that stallholders comply with this section.
Part 4
Special Events and Temporary Food Establishments
Notification of special
event
37 The organizer of a special event must
notify the regional health authority of the special event in the form and
manner required by the regional health authority.
Responsibility of
organizer
38 The organizer of a special event must
advise the operator of each proposed temporary food establishment of the need
to notify the regional health authority regarding the operation of the
temporary food establishment at the special event.
Notification
regarding temporary food establishment
39 An operator who proposes to operate a
temporary food establishment at a special event must notify the regional health
authority of the proposed operation of the temporary food establishment in the
form and manner required by the regional health authority.
Additional
responsibilities of organizer
40 In addition to sections 37 and 38, the
organizer of a special event must ensure that
(a) the
event is held in a dry and well maintained area, and
(b) where
potable water lines are established, they are protected against breakage and
the main line is equipped with backflow preventers.
Temporary food
establishment requirements
41(1) The
operator of a temporary food establishment at a special event must ensure that
the food establishment
(a) is
set up no less than one hour before the special event is scheduled to start,
(b) has
food preparation surfaces that are constructed of smooth, non‑absorbent
and easily cleanable materials,
(c) contains
all equipment, other than barbecues, within the food establishment,
(d) if
barbecues are used in the preparation of food, has a segregated area for the
barbecues that is adjacent to the temporary food establishment and situated so
as to prevent public access to and contamination of the food,
(e) is
configured so that areas where food is handled are separated from areas used by
the general public,
(f) has
a station for the purpose of handwashing that is supplied with
(i) running water, which includes, at a minimum, a portable jug with
a turnable spout situated over a waste water collection bucket, and
(ii) paper towels and liquid soap,
or, subject to the approval
of the executive officer, may be supplied with an alternative form of hand
sanitizer,
(g) has
a waste water collection system that allows the disposal of waste water in a
sanitary manner and prevents waste water from being dumped on the surface of
the ground,
(h) has
equipment of adequate size and capability for cold storage of food and holding
of hot food, and
(i) has
solid waste containers, lined with plastic bags, of sufficient size to collect
solid waste, that are emptied at least at the end of each day of the special
event.
(2) Where portable or mobile self‑contained
water supplies are used, the operator must ensure that
(a) potable
water tanks are
(i) used for storing potable water only,
(ii) of a sufficient size to provide an adequate supply of water for
handwashing, cleaning of equipment and similar operations unless exempted by
the executive officer, and
(iii) designed to facilitate cleaning and sanitizing as well as
sanitary filling and emptying,
(b) temporary
water lines are constructed of CSA approved hose, and
(c) waste
water holding tanks are sized to accommodate at least 110% of the volume of the
potable water supply.
(3) If the special event is scheduled to
run for more than one day, the operator of a temporary food establishment must
ensure that the food establishment
(a) has
a floor constructed of asphalt, concrete, finished plywood or a similar non‑absorbent
material, and
(b) has
walls and a ceiling constructed of finished plywood, canvas, vinyl or a similar
non‑absorbent material.
Food handling
requirements
42 The operator of a temporary food
establishment must ensure that
(a) food
is protected at all times to the satisfaction of an executive officer from
dust, rain, pests and other potential contaminants,
(b) probe
thermometers and cold storage thermometers are used to verify that adequate
storage and preparation temperatures are maintained,
(c) only
single service utensils are provided to patrons, unless an alternative is
approved by the executive officer,
(d) reusable
utensils used in food preparation and serving are washed, rinsed and sanitized
in a manner and under conditions acceptable to the executive officer,
(e) a
sanitizer approved by the executive officer is available on site at all times
for sanitizing surfaces and utensils and that a method is available to verify
the sanitizer’s concentration,
(f) self‑serve
condiments are dispensed from a squeeze or pump container or a container with a
self‑closing lid,
(g) food
is stored, displayed and transported in accordance with section 25,
(h) all
food and all utensils used to handle the food are stored off the ground,
(i) food
is displayed in a manner that protects it from contamination, and
(j) all
surfaces that come in contact with food are washed and sanitized at a minimum
every day and in between the handling of raw and cooked food products on the
same surface.
Food handler
requirements
43(1) A
food handler must
(a) wear
clean clothing and footwear,
(b) exhibit
cleanliness and good personal hygiene,
(c) ensure
that food is not contaminated by hair,
(d) wash
hands as often as necessary to prevent the contamination of food or food areas,
(e) refrain
from smoking in a food area, and
(f) refrain
from any other conduct that could result in the contamination of food or a food
area.
(2) A person must not work as a food
handler if prohibited from working by or under the Communicable Diseases
Regulation (AR 238/85).
(3) The operator must ensure that
subsections (1) and (2) are complied with.
Additional temporary
food establishment requirements
44 In addition to the requirements of
sections 41 and 42, the operator of a food establishment at a special event
scheduled to run for more than 3 days must ensure that the food establishment
(a) has,
at a minimum, plumbed in water and a sink that is large enough to wash, rinse
and sanitize all reusable utensils,
(b) has
hot running water supplied to the sink in a manner acceptable to the executive
officer, and
(c) has
temporary water lines, if required, that are maintained in a clean and sanitary
condition and are flushed for 2 minutes at the start of each day.
Education
45 When notified of a special event, the
regional health authority must make reasonably available to the organizer of
the special event and to the operators of temporary food establishments
information regarding appropriate food sanitation and hygiene.
Part 5
Community Organization Functions
Interpretation
46 In this Part, “regional health authority”
refers to the regional health authority in whose region the community
organization function is being held.
Notification of
community organization function
47 The organizer of a community organization
function must notify the regional health authority of the function in the form
and manner required by the regional health authority.
Duration of function
48 A community organization function may run
for more than 2 days with the written permission of the regional health
authority and subject to any terms and conditions that the regional health
authority imposes.
Food handling
requirements
49(1) The
organizer of a community organization function and volunteer caterers providing
food for the function must ensure that
(a) the
food is handled at all times in a manner that protects the public health,
(b) any
foods that have not been prepared in an approved food establishment are
prepared and donated by members of the community organization hosting the
function,
(c) those
attending the community organization function are advised that foods that have
not been prepared in an approved food establishment are being served,
(d) foods
that are
(i) unpasteurized milk,
(ii) uninspected meats, subject to section 22(3), or
(iii) unfit foods,
are neither used in the
preparation of food nor served themselves,
(e) left‑over
food is either discarded or taken home by members of the organization hosting
the community organization function,
(f) food
handlers
(i) wear clean clothing and footwear,
(ii) exhibit cleanliness and good personal hygiene,
(iii) ensure that food is not contaminated by hair,
(iv) wash hands as often as necessary to prevent the contamination of
food or food areas,
(v) refrain from smoking in a food area, and
(vi) refrain from any other conduct that could result in the
contamination of food or a food area,
and
(g) pets,
if present, are kept out of the food preparation and other food handling areas
while food is being prepared or served.
(2) A
person must not work as a food handler if prohibited from working by or under
the Communicable Diseases Regulation (AR 238/85).
(3) The organizer must ensure that subsections (1)
and (2) are complied with.
AR 31/2006 s49;112/2006
Education
50 When notified of a community organization
function, the regional health authority must make reasonably available to the
organizer of the function information regarding appropriate food sanitation and
hygiene.
Part 6
Bed and Breakfasts
Requirement for permit
51 The operator of a bed and breakfast must
apply for a food establishment permit in accordance with Part 1 of this
Regulation.
Food handling
requirements
52 The operator of a bed and breakfast must
ensure that
(a) an
adequate supply of hot and cold potable water is available,
(b) food
preparation surfaces are smooth, impervious to moisture and easily cleanable,
(c) all
food comes from an approved source,
(d) no
home‑canned food other than jam, jelly and pickles is provided,
(e) all
foods are protected from contamination,
(f) food
is stored, displayed and transported in accordance with section 25,
(g) a
food grade thermometer is kept in the refrigerator and monitored on a regular
basis,
(h) food
that has previously been served must not be re‑served unless
(i) it is a low‑risk food,
(ii) it has remained free of contamination, and
(iii) either
(A) it is, and on each previous occasion was,
served in a container designed to prevent contamination, or
(B) it is individually packaged, and has
remained unopened and untampered within its original container,
(i) all
reusable utensils are cleaned and sanitized by the use of
(i) a manual method satisfactory to the executive officer or a 3‑compartment
sink procedure, or
(ii) a dishwasher, if
(A) the dishwasher effectively removes physical
soil from all surfaces and dishes,
(B) the dishwasher sanitizes the dishes using
accumulative heat or by the addition of a chemical sanitizer, and
(C) the dishwasher is installed and operated
according to the manufacturer’s instructions for the highest level of
sanitation possible,
(j) all
utensils are stored in a clean and sanitary condition,
(k) pets,
if present, are kept out of the food preparation and dining areas while food is
being prepared and served,
(l) food
handlers
(i) wear clean clothing and footwear,
(ii) exhibit cleanliness and good personal hygiene,
(iii) ensure that food is not contaminated by hair,
(iv) wash hands as often as necessary to prevent the contamination of
food or food areas,
(v) refrain from smoking in a food area, and
(vi) refrain from any other conduct that could result in the
contamination of food or a food area,
(m) a
person does not work as a food handler if prohibited from working by or under
the Communicable Diseases Regulation (AR 238/85),
(n) liquid
soap and paper towels are provided at the kitchen sink, and
(o) the
kitchen area of the bed and breakfast is restricted to food handlers during
food preparation and service.
Part 7
Transitional Provisions, Repeals,
Expiry and Coming into Force
Transitional
53 A food establishment permit issued under
the repealed Food and Food Establishments Regulation (AR 328/2003) that
was valid and subsisting immediately before the commencement of this Regulation
is deemed to have been issued under and to be a permit for the purposes of this
Regulation, and if such a permit was under suspension at that time, the
suspension continues afterwards for the remainder of its duration as if the
suspension had originally been effected under this Regulation.
Repeal
54 The Food and Food Establishments
Regulation (AR 328/2003) is repealed.
Expiry
55 For the purpose of ensuring that this
Regulation is reviewed for ongoing relevancy and necessity, with the option
that it may be repassed in its present or an amended form following a review,
this Regulation expires on June 30, 2015.
Coming into force
56 This Regulation comes into force on April
1, 2006.