P-29, r. 1

Regulation respecting food

Updated to 11November 30 2024

chapter P-29, r. 1

Regulation respecting food

AGRICULTURAL PRODUCTS — FOOD

Food Products Act

(chapter P-29, s. 40).

P-29

04April 011 2016

Note

The fees prescribed in the Regulation have been indexed pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 6 April 2024, page 210. (ss. 1.3.6.1, 1.3.6.2, 1.3.6.3, 1.3.6.4, 1.3.6.5, 1.3.6.6, 1.3.6.7, 1.3.6.7.3, 1.3.6.7.4, 1.3.6.7.5, 1.3.6.7.6, 1.3.6.7.7, 1.3.6.7.8, 1.3.6.10, 1.3.6.12) (Effect from 1 April 2024)

Note

See Chapter III of the Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks (chapter Q-2, r. 32.2).

CHAPTER 1

GENERAL PROVISIONS

DIVISION 1.1

APPLICATION — DEFINITIONS

1.1.1. Definitions: In this Regulation, unless the context indicates otherwise,

(a)  “dismembering plant” means the plant for dismembering animals contemplated in section 7.1.2;

(a.1)  “elimination site” means any elimination site referred to in section 7.1.2.1;

(b)  “canned meat” means the canned meat referred to in paragraph a of section 6.1.1;

(c)  “denaturant” means the denaturant referred to in section 7.1.3;

(c.1)  “drinking water” means water meeting the standards of quality prescribed by the Regulation respecting the quality of drinking water (chapter Q-2, r. 40);

(d)  “inspector or analyst” means an authorized person within the meaning of paragraph f of section 1 of the Act;

(e)  “Act” means the Food Products Act (chapter P-29);

(f)  “Minister” means the Minister of Agriculture, Fisheries and Food;

(g)  “salvager” means the salvager referred to in section 7.1.4;

(h)  “inedible meat” means the inedible meat mentioned in section 7.1.1;

(i)  “authorized operator” means the operator authorized pursuant to section 6.5.2.6 to use the stamp provided for in section 6.5.1.1 or a wrapping, a label or a sticker bearing its reproduction;

(j)  “preparation” means bleed, bone, can, candle, chop, coagulate, coat, concentrate, cook, cut, dehydrate, dismember, dry, evaporate, extract, ferment, fillet, filter, freeze, garnish, grill, grind, gut, smoke, heat, marinate, mix, mould, pack, pasteurize, peel, pickle, preserve, press, prick, reheat, repack, roast, slice, salt, season, shape, shuck, skin, slaughter, smoke, split, thaw, trim, wash and any other form of processing or conditioning of food, with the exception of trimming inedible parts, washing in water and packaging whole fresh fruits and vegetables, packaging consumer shell eggs, infusion, dilution or reconstitution of a dry or concentrated product with water for direct serving to the consumer in an individual portion, without subsequent heating of that portion;

(k)  “hot or cold unit” means for the purpose of establishing the fees payable for the permits referred to in subparagraphs 1 and 2 of the first paragraph and subparagraphs 1 and 3 of the second paragraph of section 1.3.6.7, a device, container or other installation designed to keep food hot at 60°C or above, or to keep food cold at 13°C or below and containing food offered to consumers in a self-service environment.

A device, container or installation referred to in the first paragraph that is at least 1.5 m high and not more than 3.65 m long constitutes a unit. If the device, container or installation at least 1.5 m high is longer than 3.65 m, the number of units is calculated by adding the lengths of each side accessible to the public and dividing the result obtained by 3.65 m. The latter result is then rounded up to the next whole number; if the fraction is 0.5, the number is rounded up to the next higher whole number.

A device, container or installation not referred to in the second paragraph constitutes a unit if its surface area is 3.35 m2 or less. If that surface area exceeds 3.35 m2, it constitutes more than one unit, namely the number obtained by dividing the surface area by 3.35 m2. The result is then rounded up to the next whole number; if the fraction is 0.5, the number is rounded up to the next higher whole number.

In the case of devices, containers or installations referred to in the third paragraph placed side by side with no space in between, the surface area for the purpose of determining the number of units they constitute is the sum of the surface areas of each device, container or installation.

Despite this subparagraph and for the purposes of the third paragraph of section 1.3.6.7, a device, container or any other installation that keeps food cold consisting solely of fresh whole, cut, peeled, grated or sliced fruit or vegetables is not taken into consideration in the calculation of the number of hot or cold units.

This subparagraph does not apply to the hot or cold units in the rooms of tourist accommodation establishments as defined in section 1 of the Regulation respecting tourist accommodation establishments (chapter E-14.2, r. 1).

Subparagraph j of the first paragraph also applies for the purposes of the Act and includes, for the application of subparagraphs m and n of the first paragraph of section 9 of the Act, keeping hot or cold food other than beverages, flavoured ice and ice.

R.R.Q., 1981, c. P-29, r. 1, s. 1.1.1; O.C. 397-88, s. 1; O.C. 1573-91, s. 1; O.C. 1769-92, s. 1; O.C. 725-94, s. 2; O.C. 854-98, s. 1; O.C. 647-2001, s. 52; O.C. 922-2005, s. 1; O.C. 477-2010, s. 1.

1.1.2. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 1.1.2; O.C. 1573-91, s. 2.

DIVISION 1.2

REGISTRATION

R.R.Q., 1981, c. P-29, r. 1, Div. 1.2; O.C. 1573-91, s. 3; O.C. 1305-93, s. 1.

1.2.1. The operator of a cold storage warehouse used to store sea food products or freshwater products must register with the Minister where, for remuneration, the operator furnishes storage services in the warehouse.

R.R.Q., 1981, c. P-29, r. 1, s. 1.2.1; O.C. 1055-82, s. 1; O.C. 1573-91, s. 3; O.C. 1305-93, s. 1.

1.2.2. The operator referred to in section 1.2.1 shall, for each warehouse operated, send the Minister a document containing the following information:

(1)  his name or firm name;

(2)  his mailing address or that of his head office or establishment, and his telephone number and fax number;

(3)  whether he operates the cold storage warehouse as an individual doing business alone, as a partnership or as a legal person;

(4)  in the case of a partnership, the names of the partners;

(5)  in the case of a cold storage warehouse operated under a different name from the name provided under subparagraph 1, the name under which the warehouse is operated;

(6)  where the warehouse is operated at a different address from the address provided under subparagraph 2, the address at which the warehouse is operated and its telephone number and fax number;

(7)  the name of the manager, director or person in charge of the warehouse;

(8)  information concerning the operation of the warehouse, in particular,

(a)  the type of products stored:

i.  sea food products;

ii.  freshwater products;

iii.  bait;

iv.  non-edible fisheries products;

v.  products other than those referred to in subparagraphs i to iv;

(b)  the state of the products stored:

i.  canned;

ii.  refrigerated;

iii.  frozen;

iv.  salted;

v.  dried;

vi.  semi-preserved: marinated, smoked or pickled;

vii.  any state other than those referred to in subparagraphs i to vi;

(9)  information concerning the operating timetable of the cold storage warehouse, including the number of days of operation per week, the number of weeks of operation per year, and the dates of the beginning and end of operations.

The document must be signed by the operator or his duly authorized representative and must bear the name and position of the person signing, the date on which the document was signed, and a declaration as to the accuracy of the information provided.

R.R.Q., 1981, c. P-29, r. 1, s. 1.2.2; O.C. 1573-91, s. 3; O.C. 1305-93, s. 1.

1.2.3. Within 15 days immediately following a change in any of the information contained in the document required in section 1.2.2, the operator must notify the Minister in writing.

R.R.Q., 1981, c. P-29, r. 1, s. 1.2.3; O.C. 1573-91, s. 3; O.C. 1305-93, s. 1.

DIVISION 1.3

PERMIT

§ 1.3.1.  — General provisions

1.3.1.1. Every application for a permit referred to in the first paragraph of section 9 of the Act, except a permit referred to in subparagraphs k.1 to k.4 of the first paragraph, must be made in writing and contain the following information:

(1)  if the application is made by a natural person, the person’s name, address and telephone number; if the application is made by a sole proprietorship, partnership or legal person, its name and telephone number, the address of its principal establishment and the business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  the name under which the premises or vehicle will be operated and the address or registration number, as the case may be;

(3)  the activities that the applicant plans to carry on;

(4)  in the case of an application for a permit referred to in subparagraph e of the first paragraph of section 9 of the Act, the processed sea food products; and

(5)  for the purpose of establishing the fees payable for the permits referred to in subparagraphs 1 and 2 of the first paragraph and subparagraphs 1 and 3 of the second paragraph of section 1.3.6.7, the total number of hot or cold units containing food offered to consumers in a self-service environment, other than units that keep food cold consisting solely of fresh whole, cut, peeled, grated or sliced fruit or vegetables, calculated in the manner described in subparagraph k of the first paragraph of section 1.1.1.

Every permit application must be accompanied by payment to the Minister of Finance of the amount of the fees payable for the issue of each permit and by payment of the costs for the opening of a file for a permit application.

Despite the third paragraph, no costs for the opening of a file are payable for the permits referred to in paragraphs 3 and 4 of section 1.3.5.B.1 and paragraphs 3 and 4 of section 1.3.5.C.1.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.1; O.C. 1573-91, s. 4; O.C. 1483-93, s. 1; O.C. 922-2005, s. 2; O.C. 741-2008, s. 1; O.C. 477-2010, s. 2.

1.3.1.1.1. To obtain a dairy plant operating permit required under subparagraph k.1 of the first paragraph of section 9 of the Act, a person must apply in writing to the Minister. The application must contain the following information:

(1)  if the applicant is a natural person, the applicant’s name, domicile address and, if applicable, business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  if the applicant is a legal person or partnership subject to the registration requirement under the Act respecting the legal publicity of enterprises, the applicant’s name, the address of its principal establishment and its business number assigned under that Act;

(3)  the dairy product prepared by the applicant; if the product is cheese, the applicant must also state the name of the cheese and its moisture and fat percentage content; if it is a soft cheese or semi-soft cheese made with raw milk or unpasteurized milk prepared without a minimum 60-day ripening period at 2°C, the applicant must also state, in addition to the ripening period, the name and address of the dairy producer supplying the applicant and the producer’s identification number assigned by the producers marketing board administering the joint dairy marketing plan established under the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1), or in the absence of a joint plan, the number assigned by the Department;

(4)  the name and address of the plant or, in the case of a vehicle referred to in subparagraph c.2 of the first paragraph of section 1 of the Act, the registration number of the vehicle;

(5)  the marketing conditions, such as the distribution network and the administrative region in which the product will be distributed;

(6)  the milk supply conditions, such as the supply source and projected milk volume; and

(7)  the name of the director of processing operations at the dairy plant referred to in section 8.1 of the Act.

The applicant must also provide scale plans of the land, plant and dependencies and specifications showing that the plant meets the construction and layout standards set out in section 11.5 and the pasteurization equipment standards set out in sections 11.7.8 to 11.7.10, 11.7.12 and 11.7.13.

O.C. 741-2008, s. 2.

1.3.1.1.2. To obtain a milk transport permit required under subparagraph k.2 of the first paragraph of section 9 of the Act, a person must apply in writing to the Minister. The application must contain the following information:

(1)  if the applicant is a natural person, the applicant’s name, domicile address and, if applicable, business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  if the applicant is a legal person or partnership subject to the registration requirement under the Act respecting the legal publicity of enterprises, the applicant’s name, the address of its principal establishment and its business number assigned under that Act;

(3)  the description of every vehicle operated, including its make, model, year, serial number, capacity in litres and the number of the certificate of compliance affixed by a person authorized under section 11.4.12; and

(4)  if applicable, the goods to be transported other than milk referred to in section 11.4.6.

O.C. 741-2008, s. 2.

1.3.1.1.3. To obtain a dairy distributor permit required under subparagraph k.3 of the first paragraph of section 9 of the Act, a person must apply in writing to the Minister. The application must contain the following information:

(1)  if the applicant is a natural person, the applicant’s name, domicile address and, if applicable, business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  if the applicant is a legal person or partnership subject to the registration requirement under the Act respecting the legal publicity of enterprises, the applicant’s name, the address of its principal establishment and its business number assigned under that Act;

(3)  the permit category applied for; and

(4)  the name and address of the supplier, and the written supply agreement.

O.C. 741-2008, s. 2.

1.3.1.1.4. To obtain a permit required under subparagraph k.4 of the first paragraph of section 9 of the Act to operate an establishment where dairy product substitutes are prepared or to operate an establishment where dairy product substitutes are sold wholesale, a person must apply in writing to the Minister. The application must contain the following information:

(1)  if the applicant is a natural person, the applicant’s name, domicile address and, if applicable, business number assigned under the Act respecting the legal publicity of enterprises (chapter P-44.1);

(2)  if the applicant is a legal person or partnership subject to the registration requirement under the Act respecting the legal publicity of enterprises, the applicant’s name, the address of its principal establishment and its business number assigned under that Act;

(3)  the dairy product substitutes that are prepared or sold wholesale; and

(4)  if the application is for a dairy product substitute wholesale permit, the name and address of the supplier and of the establishment where the dairy product substitutes are prepared.

The applicant for a dairy product substitute preparation permit must provide scale plans of the land, plant and dependencies and specifications showing that the establishment meets the construction and layout standards set out in section 11.9.3.

O.C. 741-2008, s. 2.

1.3.1.1.5. (Revoked).

O.C. 741-2008, s. 2; O.C. 477-2010, s. 3.

1.3.1.1.6. Applications for permits must be accompanied by the fee payable for the issue of each permit and the file opening fee.

Despite the first paragraph, no file opening fee is payable for the permits referred to in paragraph 2 of section 1.3.5.H.1 and section 1.3.5.K.1.

O.C. 741-2008, s. 2.

1.3.1.2. Plans and specifications: A scale plan of the establishment of the outbuildings, and of the lot where they are built must accompany the application for a permit referred to in section 1.3.1.1, except the application for a permit referred to in subparagraph m or n of the first paragraph of section 9 of the Act, together with the specifications indicating:

(a)  the type of plant;

(b)  its location in relation to the neighbourhood;

(c)  the design, dimensions, arrangement and installations of the rooms and areas of the plant;

(d)  the dimension and location of partitions, doors, windows, stairs, pillars, rails and equipment;

(e)  the nature of materials used for ceilings, walls and floors and for the insulation of ceilings and walls of the different rooms and areas of the plant;

(f)  the description, nature and characteristics of the sanitary equipment and waste water disposal;

(g)  the description, nature and characteristics of the supply of potable water and of the supply of hot water, and of lighting, ventilation and refrigeration of rooms with mention of the temperature, and of any cold storage used by the applicant;

(h)  the nature of the materials used for the exterior facing of the plant;

(i)  the location of hot and cold water outlets.

The applicant must also furnish with his application for a permit information on:

(a)  the equipment to be used in his operations;

(b)  the name and address of the warehouse operator whose services he uses, and the location of the warehouse.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.2; O.C. 1055-82, s. 2; O.C. 1573-91, s. 5; O.C. 725-94, s. 3; O.C. 477-2010, s. 4.

1.3.1.2.1. In addition to complying with the requirements of section 1.3.1.1, an applicant for a permit or renewal of a permit referred to in the first paragraph of section 9 of the Act must state in the application that upon the issue or renewal of the permit, responsibility for the control of food hygiene and safety on the premises or in the vehicle will be assigned to the holder of a food establishment manager training certificate described in section 2.2.4.5, and specify that person’s name and certificate number.

The first paragraph does not apply to applicants for a permit or renewal of a permit required under subparagraph c, d, k.1, k.2 or k.3 of the first paragraph of section 9 of the Act, paragraph 4 of section 1.3.5.B.1 or 1.3.5.C.1, or section 1.3.5.J.1. The first paragraph does not apply to persons responsible for an intermediate resource referred to in section 302 of the Act respecting health services and social services (chapter S-4.2) or to operators of a private seniors’ residence referred to in section 346.0.1 of that Act if the resource or residence does not have more than 9 residents.

O.C. 454-2008, s. 1; O.C. 1187-2011, s. 1.

1.3.1.3. Additional information: In the case of an application for a permit to operate a dismembering plant or an application for a permit to salvage inedible meat, the applicant shall provide with his application the description and the number of trucks, trailers or containers he uses and the lists provided for in sections 7.3.11 and 7.3.12.

In the case of an application for a permit to operate a dismembering plant referred to in sections 1.3.4.6 or 1.3.4.8, the applicant shall provide with his application the name and address of any distributor with whom he does business for purposes of marketing inedible meat in packaging bearing the name of the distributor.

In the case of an application for a permit to operate a plant referred to in section 1.3.3.1, the applicant shall provide with his application an affidavit or a solemn declaration provided for in the Canada Evidence Act (R.S.C. 1985, c. C-5) giving, on the basis of a weekly average for the year preceding the date of the application:

(a)  the volume of his total retail and wholesale sales, in kilograms;

(b)  the volume of his wholesale sales to a retailer;

(c)  the volume of his wholesale sales to a restaurant operator;

(d)  the percentage of his wholesale sales in relation to his total retail and wholesale sales; and

(e)  the data mentioned in subparagraphs a to d but given only for the meat or meat products he prepares, conditions or processes apart from the ones only he distributes.

In the case of an application to obtain or renew a permit to operate premises or a vehicle referred to in subparagraphs m or n of the first paragraph of section 9 of the Act, the applicant must attest, in his application, that the operating premises or vehicle complies with the first paragraph of section 1.4.4 and with section 2.1.3 except where it only keeps food hot or cold.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.3; O.C. 1573-91, s. 6; O.C. 1483-93, s. 2; O.C. 477-2010, s. 1; I.N. 2016-01-01 (NCCP).

1.3.1.4. Authorization: The applicant must attach to his application for a permit the authorizations issued respectively by the Ministère du Développement durable, de l’Environnement et des Parcs, the Commission de protection du territoire agricole du Québec and the municipality concerned to the effect that the site, design, construction and layout of the processing establishment or the sea food products or freshwater products cannery comply with the requirements of the Environment Quality Act (chapter Q-2), the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) and the regulations for the application of those Acts, as well as municipal zoning by-laws.

In the case of an application for a permit to operate a dismembering plant or to salvage inedible meat, the applicant must also attach to his application the certificates issued by the competent authorities to the effect that he meets the requirements of the laws or regulations in force concerning the use of a means or system of transport and the licensing of vehicles.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.4; O.C. 1055-82, s. 3; O.C. 1305-93, s. 2; S.Q., 1994, c. 17, s. 77; O.C. 477-2010, s. 1.

1.3.1.5. To renew a permit, a permit holder must apply for renewal in writing, indicate in the application the information referred to in the first paragraph of section 1.3.1.1 and pay the fees payable to the Minister of Finance. The application and payment of the fees payable must be received by the Minister before the expiry date of the permit.

The first paragraph does not apply to permits under paragraph 4 of section 1.3.5.B.1, paragraph 4 of section 1.3.5.C.1, section 1.3.5.F.1, 1.3.5.G.1, 1.3.5.H.1, 1.3.5.I.1, 1.3.5.J.1 or 1.3.5.K.1.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.5; O.C. 1573-91, s. 7; O.C. 1483-93, s. 3; O.C. 951-96, s. 1; O.C. 922-2005, s. 3; O.C. 741-2008, s. 3; O.C. 477-2010, s. 5.

1.3.1.5.1. To renew a permit under section 1.3.5.F.1, 1.3.5.G.1, 1.3.5.H.1, 1.3.5.I.1, 1.3.5.J.1 or 1.3.5.K.1, a permit holder must apply in writing to the Minister and pay the renewal fee. The renewal application and fee must be received by the Minister before the expiry of the permit. The renewal application must contain the information and documents required by sections 1.3.1.1.1 to 1.3.1.1.4.

An application for renewal of a tester permit required by section 1.3.5.K.1 must state the holder’s name and address, the number of the certificate issued to the holder by the Institut de technologie agroalimentaire du Québec and, if applicable, the name and address of the carrier or dairy plant operator employing the applicant.

O.C. 741-2008, s. 4; O.C. 477-2010, s. 6.

1.3.1.6. Permit renewal: Subject to section 15 of the Act and upon receipt of an application for renewal and upon payment of the fee payable, the Minister will renew the permit of the applicant provided that the latter has reported in the application referred to in section 1.3.1.5 or section 1.3.1.5.1, any change in the information or documents provided pursuant to section 1.3.1.1, 1.3.1.1.1, 1.3.1.1.2, 1.3.1.1.3, 1.3.1.1.4, 1.3.1.2, 1.3.1.3, 1.3.1.4, 7.3.11 or 7.3.12.

The operator that holds a permit mentioned in section 1.3.3.1 must provide with his application for permit renewal the document provided for in the third paragraph of section 1.3.1.3.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.6; O.C. 1573-91, s. 8; O.C. 741-2008, s. 5; O.C. 477-2010, s. 7.

1.3.1.7. Return of permit: In the case of cancellation or non-renewal, the permit must be returned to the Minister by the operator.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.7.

1.3.1.8. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.8; O.C. 1573-91, s. 9; O.C. 1483-93, s. 4; O.C. 922-2005, s. 4; O.C. 477-2010, s. 8.

1.3.1.9. Cessation, suspension of operations: Every holder of a permit issued or renewed must notify the Minister in writing as soon as he permanently ceases his operations or suspends them for the period he indicates.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.9.

1.3.1.10. Permit following cancellation: No new permit may be issued to a person whose permit has been cancelled until 6 months have elapsed since the cancellation.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.10.

1.3.1.11. Change: Within 15 days of any change affecting any information or document required under this Division, the permit holder must inform the Minister thereof in writing.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.11.

1.3.1.12. Applicant for a permit in the “raw meat” category. Conditions: A person applying for a dismembering plant permit in the “raw meat” category must own and operate a mink ranch, a fox ranch, kennels or a zoo; and

(a)  in the case of a mink ranch, own at least 400 breeding females;

(b)  in the case of a fox ranch, own at least 100 foxes;

(c)  in the case of a kennel, own at least 50 dogs; or

(d)  in the case of a zoo, hold a permit to operate a zoo under the Act respecting the conservation and development of wildlife (chapter C-61.1).

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.12; S.Q., 1983, c. 39, s. 184.

1.3.1.12.1. In order to obtain a dismembering plant permit in the “composting” category, the applicant must be a poultry, goat, sheep or hog producer.

O.C. 1122-2004, s. 1; O.C. 1023-2006, s. 1; O.C. 1187-2011, s. 2.

1.3.1.13. Applicant for a permit to salvage meat. Conditions: Only a person other than the applicant for or holder of a permit to salvage meat in the “oil” category may apply for a permit in the “carcass” category.

Only a person other than the applicant for or the holder of a permit to salvage meat in the “carcass” category may apply for a permit to salvage meat in the “oil” category.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.13.

1.3.1.14. Applicant for a permit of the “depot” or “boning” category. Conditions: Only a person other than the applicant for or holder of a dismembering plant permit of the “depot” category may apply for a dismembering plant permit of the “boning” category.

Only a person other than an applicant for or holder of a dismembering plant permit of the “boning” category may apply for a dismembering plant permit of the “depot” category.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.14.

1.3.1.15. Applicant for a permit of operation of a preparation, conditioning or processing plant. Conditions: The applicant for a permit of one of the categories mentioned in Subdivision 1.3.3 must meet the following conditions:

(a)  operate a plant in which he holds the meat or meat products he prepares, conditions or processes; and

(b)  make wholesale sales of the products mentioned in paragraph a on the basis of a weekly average for one year, equivalent in kilograms to at least 50% of the total retail and wholesale sales of these products.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.1.15.

1.3.1.16. Canned goods. Identification code: At the time of his application for a permit or for its renewal, a producer of canned meat or of canned sea food or freshwater products shall inform the Minister of the manufacturer’s code he intends to use in accordance with section 6.4.4.8 or, where it applies, section 9.3.3.12 or 10.3.3.5.

O.C. 1055-82, s. 4; O.C. 1305-93, s. 4.

1.3.1.17. Restaurant permit: To obtain the permit provided for in subparagraph m or n of the first paragraph of section 9 of the Act or the renewal thereof, the person shall hold, where applicable, a tourist establishment permit in the “restaurant” class prescribed in section 4 of the Act respecting tourist accommodation establishments Act (chapter E-14.2) and in section 12 of the Regulation respecting tourist establishments (O.C. 747-91, 91-05-29).

The first paragraph does not apply in the case of permits provided for in paragraph 4 of section 1.3.5.B.1 and in paragraph 4 of section 1.3.5.C.1.

O.C. 1483-93, s. 5; O.C. 951-96, s. 2.

§ 1.3.2.  — Categories of slaughterhouse permit

1.3.2.1. Slaughterhouse permit: There are 5 categories of slaughterhouse permit:

(a)  slaughterhouse permit A-1;

(b)  slaughterhouse permit A-1B;

(c)  slaughterhouse permit A-1P;

(d)  (paragraph revoked);

(e)  slaughterhouse permit A-3;

(f)  slaughterhouse permit A-4.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.2.1; O.C. 725-94, s. 4.

1.3.2.2. Slaughterhouse permit A-1: Slaughterhouse permit A-1 authorizes its holder to slaughter cattle, horses, pigs, goats, sheep and cervidae in a slaughterhouse in conformity with section 6.3.1.2.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.2.2; O.C. 725-94, s. 5; O.C. 238-99, s. 1.

1.3.2.3. Slaughterhouse permit A-1B: Slaughterhouse permit A-1B authorizes its holder to slaughter cattle, horses, goats, sheep and cervidae in a slaughterhouse in conformity with section 6.3.1.2.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.2.3; O.C. 725-94, s. 6; O.C. 238-99, s. 1.

1.3.2.4. Slaughterhouse permit A-1P: Slaughterhouse permit A-1P authorizes its holder to slaughter pigs, goats, sheep and cervidae in a slaughterhouse in conformity with section 6.3.1.2.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.2.4; O.C. 238-99, s. 1.

1.3.2.5. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.2.5; O.C. 725-94, s. 7.

1.3.2.6. Slaughterhouse permit A-3: Slaughterhouse permit A-3 authorizes its holder, subject to section 6.4.3.13, to slaughter poultry, rabbits, pheasants, guinea fowl, partridges or quail in a slaughterhouse in conformity with section 6.3.2.4.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.2.6.

1.3.2.7. Slaughterhouse permit A-4: Slaughterhouse permit A-4 authorizes its holder to only slaughter pheasants, guinea fowl, partridges or quail in a slaughterhouse in conformity with section 6.3.2.A.1.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.2.7.

§ 1.3.3.  — Categories of permits for plants for the preparation, conditioning or processing, for wholesale purposes, of meat or meat products intended for human consumption

1.3.3.1. Permit categories: There are 6 categories of permits for plants for preparing, conditioning or processing, for wholesale purposes, meat or meat products intended for human consumption:

(a)  the “general delicatessen” permit;

(b)  (paragraph revoked);

(c)  the “meat cutting and mincing” permit;

(d)  the “pizza preparation” permit;

(e)  the “canned meat” permit;

(f)  the “hare meat preparation” permit;

(g)  the “canned hare meat” permit.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.3.1; O.C. 725-94, s. 8.

1.3.3.2. General delicatessen permit: A general delicatessen permit authorizes its holder to prepare, condition or process, for wholesale purposes, meat or meat products other than canned meat in a plant in conformity with section 6.3.3.2 or, if the caribou referred to in subparagraph b of the fourth paragraph of section 6.2.1 are dressed there, in conformity with section 6.3.3.2.1.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.3.2; O.C. 725-94, s. 9; O.C. 314-95, s. 1.

1.3.3.3. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.3.3; O.C. 725-94, s. 10.

1.3.3.4. Meat cutting and mincing permit: A meat cutting and mincing permit authorizes its holder to prepare exclusively meat in its natural state and minced meat, for wholesale purposes, in a plant in conformity with section 6.3.3.3.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.3.4.

1.3.3.5. Pizza preparation permit: A pizza preparation permit authorizes its holder to prepare, to the exclusion of all other meat products, meat-based pizzas, for wholesale purposes, in a plant in conformity with section 6.3.3.4.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.3.5.

1.3.3.6. Canned meat permit: A canned meat permit authorizes its holder to prepare canned meat, for wholesale purposes, in a plant in conformity with section 6.3.4.2.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.3.6.

1.3.3.7. Hare meat preparation permit: A hare meat preparation permit authorizes its holder to prepare exclusively meat or meat products derived from hares, for wholesale purposes, in a plant in conformity with section 6.3.3.5.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.3.7.

1.3.3.8. Canned hare meat permit: A canned hare meat permit authorizes its holder to prepare exclusively canned hare meat, for wholesale purposes, in a plant in conformity with section 6.3.4.4.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.3.8.

1.3.3.9. Provisions respecting the no-stamp permit only: Where the plant mentioned in section 1.3.3.1 is operated by a person other than an authorized operator, section 1.3.3.2 and sections 1.3.3.4 to 1.3.3.8 apply, subject to sections 6.3.3.13, 6.3.4.5 and 6.3.5.11.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.3.9.

§ 1.3.4.  — Categories of dismembering plant permit

1.3.4.1. Permit categories: There are 9 categories of dismembering plant permits:

(a)  dismembering plant permit, “rendering plant” category;

(b)  dismembering plant permit, “relay” category;

(c)  dismembering plant permit, “animal food cannery” category;

(d)  dismembering plant permit, “depot” category;

(e)  dismembering plant permit, “boning” category;

(f)  dismembering plant permit, “raw meat” category;

(g)  dismembering plant permit, “general preparation” category;

(h)  dismembering plant permit, “special preparation” category;

(i)  dismembering plant permit, “composting” category.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.4.1; O.C. 1122-2004, s. 2.

1.3.4.2. “Rendering plant” category permit: A permit of the dismembering plant “rendering plant” category authorizes its holder, subject to section 7.4.9, to operate a dismembering plant for the purpose of collecting or receiving inedible meat and processing it into meal, oil or animal fat products, or into industrial by-products in a plant in conformity with section 7.2.4.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.4.2; O.C. 477-2010, s. 1.

1.3.4.3. “Relay” category permit: A permit of the dismembering plant “relay” category authorizes its holder, subject to section 7.4.9, to operate a dismembering plant for the purpose of collecting or receiving inedible meat other than the ones mentioned in paragraph A of section 7.1.1 or receiving inedible meat mentioned in paragraph A only from a salvager and to keep it in a plant in conformity with section 7.2.5, for the purpose of shipping it or delivering it to a dismembering plant whose operator holds a “rendering plant” category permit.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.4.3; O.C. 477-2010, s. 1.

1.3.4.4. “Animal food cannery” category permit: A permit of the dismembering plant “animal food cannery” category authorizes its holder, subject to section 7.4.9, to operate a dismembering plant for the purpose of collecting or receiving, from a dismembering plant operated under a permit of the “depot”, “boning” or “general preparation” category, from a slaughterhouse, delicatessen or canned meat plant, inedible meat other than animal carcasses or full, half or quarter carcasses, and of processing it into canned meat for animals, in a plant in conformity with section 7.2.6.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.4.4; O.C. 477-2010, s. 1.

1.3.4.5. “Depot” category permit: A permit of the dismembering plant “depot” category authorizes its holder, subject to section 7.4.9, to operate a dismembering plant for the purpose of collecting or receiving inedible meat, of skinning and eviscerating animal carcasses and of keeping this meat refrigerated in a plant in conformity with section 7.2.7, for the purpose of shipping or delivering it to a dismembering plant whose operator holds a permit other than the one mentioned in this section.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.4.5; O.C. 477-2010, s. 1.

1.3.4.6. “Boning” category permit: A permit of the dismembering plant “boning” category authorizes its holder, subject to section 7.4.9, to operate a dismembering plant for the purpose of collecting or receiving inedible meat other than that coming from a salvager, of skinning and eviscerating animal carcasses, and of keeping this meat refrigerated in a plant in conformity with section 7.2.8, for the purpose of shipping or delivering it to a dismembering plant whose operator holds a permit other than the one mentioned in section 1.3.4.5. Such holder may also ship it or deliver it to a mink ranch, fox ranch, kennel or zoo to serve as food for the animals kept there.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.4.6; O.C. 477-2010, s. 1.

1.3.4.7. “Raw meat” category permit: A permit of the dismembering plant “raw meat” category authorizes its holder, subject to section 7.4.9, to operate a dismembering plant for the purpose of collecting or receiving inedible meat other than that coming from a salvager and of preparing or conditioning it in a plant in conformity with section 7.2.9 for the purpose of serving it raw to his own animals.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.4.7; O.C. 477-2010, s. 1.

1.3.4.8. “General preparation” category permit: A permit of the dismembering plant “general preparation” category authorizes its holder, subject to section 7.4.9, to operate a dismembering plant for the purpose of collecting or receiving, from a dismembering plant operated under a permit of the “depot”, “boning” or “general preparation” category, from a slaughterhouse or a delicatessen or canned meat plant, inedible meat other than animal carcasses or full, half or quarter carcasses and of preparing or conditioning it, solely for animal food or for industrial use not related to the human food industry, in a plant in conformity with section 7.2.10, for the purpose of shipping or delivering it raw to a user for such purposes or to a dismembering plant operated under a permit other than the “depot” or “boning” category.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.4.8; O.C. 477-2010, s. 1.

1.3.4.9. “Special preparation” category permit: A permit of the dismembering plant “special preparation” category authorizes its holder, subject to section 7.4.9, to operate a dismembering plant for the purpose of collecting or receiving, from a dismembering plant operated under a permit of the “depot”, “boning” or “general preparation” category, from a slaughterhouse or a delicatessen or canned meat plant, inedible meat other than animal carcasses or full, half or quarter carcasses and of preparing or conditioning it in a plant in conformity with section 7.2.11, for the purpose of shipping or delivering it as “stew” to a mink ranch, fox ranch, kennel, or zoo to serve as food for the animals kept there.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.4.9; O.C. 477-2010, s. 1.

1.3.4.9.1. A dismembering plant permit in the “composting” category authorizes its holder, subject to section 7.4.9, to operate a dismembering plant for the purpose of composting inedible poultry or hog meat from dead animals in a raising site or inedible goat or sheep meat from animals from his or her livestock, in a plant complying with section 7.2.11.1.

O.C. 1122-2004, s. 3; O.C. 1023-2006, s. 2; O.C. 1187-2011, s. 3.

1.3.4.10. Subparagraph c of the first paragraph of section 9 of the Act does not apply to the operator of an elimination site who receives sheep or goat inedible meat.

O.C. 854-98, s. 2; O.C. 477-2010, s. 1.

§ 1.3.5.  — Categories of permits to salvage inedible meat

R.R.Q., 1981, c. P-29, r. 1, Div 1.3.5; O.C. 477-2010, s. 1.

1.3.5.1. Categories of salvaging permits: There are 3 categories of permits to salvage inedible meat:

(a)  salvaging permit, “carcass” category;

(b)  salvaging permit, “by-products” category;

(c)  salvaging permit, “oil” category.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.5.1; O.C. 477-2010, s. 1.

1.3.5.2. “Carcass” category permit: A salvaging permit “carcass” category authorizes its holder to only salvage the inedible meat mentioned in paragraph A of section 7.1.1 and to dispose of it in conformity with Division 7.3.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.5.2; O.C. 477-2010, s. 1.

1.3.5.3. “By-products” category permit: A salvaging permit “by-products” category authorizes its holder to only salvage the inedible meat mentioned in paragraph B of section 7.1.1 and to dispose of it in conformity with Division 7.3.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.5.3; O.C. 477-2010, s. 1.

1.3.5.4. “Oil” category permit: A salvaging permit “oil” category authorizes its holder to only salvage the inedible meat mentioned in paragraph C of section 7.1.1 and to dispose of it in conformity with Division 7.3.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.5.4; O.C. 477-2010, s. 1.

1.3.5.5. Subparagraph d of the first paragraph of section 9 of the Act does not apply to a person who salvages only sheep or goat inedible meat and ships such meat solely to an elimination site.

O.C. 854-98, s. 3; O.C. 477-2010, s. 1.

§ 1.3.5.A.  — Categories of permits to operate a processing establishment or a sea food products cannery

O.C. 1055-82, s. 5; O.C. 397-88, s. 2.

1.3.5.A.1. Categories of permits to operate a processing establishment: There are 5 categories of permits to operate a processing establishment:

(1)  a permit to operate a processing plant, “salting and drying”, “salting” or “drying” category;

(2)  a permit to operate a processing plant, “fresh, frozen or semi-preserved” category;

(3)  a permit to operate, “treatment shop” category;

(4)  a permit to operate, “hard-smoking shop” category;

(5)  a permit to operate, “sturgeon shop” category.

For the purposes of subparagraph e of the first paragraph of section 9 of the Act, and for the purposes of this Subdivision and of Chapter 9, the term “processing” comprises slaughtering, freezing, cooking, thawing, skinning, packaging, tailing, heading, gutting, extracting, filleting, smoking, washing, marinating, candling, salting, bleeding, pickling, hard-smoking and drying operations and any other form of processing or conditioning of sea food products, with the exception of the canning of sea food products and the filling of orders for whole or gutted fish by a wholesaler.

O.C. 1055-82, s. 5; O.C. 397-88, s. 3; O.C. 1131-92, s. 1; O.C. 1305-93, s. 5.

1.3.5.A.2. Permits in the “salting and drying”, “salting” or “drying” category: A permit to operate a processing plant, “salting and drying”, “salting” or “drying” category, authorizes the holder, subject to the third paragraph of section 10 of the Act, to prepare salted and dried, or salted or dried only sea food products in an establishment that complies with the requirements of Subdivisions 9.2.2 and 9.2.4.

Notwithstanding the first paragraph, the holder of such permit may not carry out such processing operation where his establishment does not contain the rooms, areas or compartments prescribed in section 9.2.2.1 and used for a processing operation.

O.C. 1055-82, s. 5; O.C. 397-88, s. 4; O.C. 1305-93, s. 6.

1.3.5.A.3. Permits in the “fresh, frozen or semi-preserved” category: A permit to operate a processing plant in the “fresh, frozen or semi-preserved” category authorizes the holder, subject to the third paragraph of section 10 of the Act, to prepare fresh, frozen or semi-preserved sea food products in an establishment that complies with the requirements of Subdivisions 9.2.2 and 9.2.4.

Notwithstanding the first paragraph, the holder of such permit may not carry out such processing operation where his establishment does not contain the rooms, areas or compartments prescribed in section 9.2.2.2 and used for a processing operation.

O.C. 1055-82, s. 5; O.C. 1305-93, s. 7.

1.3.5.A.4. Permits in the “treatment shop” category: A permit to operate, “treatment shop” category, authorizes the holder, subject to the third paragraph of section 10 of the Act, to perform only operations of slicing in the form of steaks of frozen sea food products, cooking of lobsters or sea food product packaging in an establishment that complies with the requirements of Subdivisions 9.2.2.A and 9.2.4.

Notwithstanding the first paragraph, the holder of such permit may not carry out such processing operation where his establishment does not contain the rooms, areas or compartments prescribed in section 9.2.2.A.1 and used for a processing operation.

O.C. 1055-82, s. 5; O.C. 397-88, s. 5; O.C. 1305-93, s. 8.

1.3.5.A.5. Permits in the “hard-smoking shop” category: A permit to operate, “hard-smoking shop” category, authorizes the holder, subject to the third paragraph of section 10 of the Act, to perform only operations of salting or hard-smoking sea food products of the clupeidae family in an establishment that complies with the requirements of Subdivisions 9.2.2.B and 9.2.4.

Notwithstanding the first paragraph, the holder of such permit may not carry out such processing operation where his establishment does not contain the rooms, areas or compartments prescribed in section 9.2.2.B.1 and used for a processing operation.

O.C. 397-88, s. 5; O.C. 1305-93, s. 9.

1.3.5.A.6. A permit to operate, “sturgeon shop” category, authorizes the holder, subject to the third paragraph of section 10 of the Act, to perform only operations of gutting, heading, tailing, skinning, filleting and freezing Atlantic sturgeons in an establishment that complies with the requirements of Subdivisions 9.2.2.C and 9.2.4.

Notwithstanding the first paragraph, the holder of such permit may not carry out such processing operation where his establishment does not contain the rooms, areas or compartments prescribed in section 9.2.2.C.1 and used for a processing operation.

O.C. 397-88, s. 5; O.C. 1131-92, s. 2; O.C. 1305-93, s. 10.

1.3.5.A.7. A permit to operate a sea food products cannery authorizes the holder, subject to the third paragraph of section 10 of the Act, to can sea food products in an establishment that complies with the requirements of Subdivisions 9.2.3 and 9.2.4.

O.C. 1131-92, s. 2; O.C. 1305-93, s. 11.

§ 1.3.5.B.  — Categories of permits to operate premises or a vehicle where food is prepared to be sold at retail or to furnish services for remuneration related to food intended for human consumption

O.C. 1573-91, s. 10.

1.3.5.B.1. There are 4 categories of operating permits for premises or a vehicle where food is prepared to be sold at retail or to furnish services for remuneration:

(1)  “general preparation” permit;

(2)  “keep hot or cold” permit;

(3)  “non-profit” permit;

(4)  “special events” permit.

O.C. 1573-91, s. 10; O.C. 1769-92, s. 2; O.C. 951-96, s. 3.

1.3.5.B.2. A “general preparation” permit authorizes the holder to operate premises or a vehicle where the food preparations provided for in subparagraph j of the first paragraph and in the second paragraph of section 1.1.1 are carried out for purposes of retail sale or to furnish services for remuneration.

O.C. 1573-91, s. 10; O.C. 1769-92, s. 3.

1.3.5.B.3. A “keep hot or cold” permit authorizes the holder to operate premises or a vehicle where the only preparation carried out is keeping food hot or cold, which preparation is provided for in the second paragraph of section 1.1.1, for purposes of retail sale or to furnish services for remuneration.

O.C. 1573-91, s. 10; O.C. 1769-92, s. 3.

1.3.5.B.4. A non-profit permit authorizes the holder to operate, premises or a vehicle where the food preparations provided for in subparagraph j of the first paragraph and in the second paragraph of section 1.1.1 are carried out for purposes of retail sale or to furnish services for remuneration, solely for national, patriotic, religious, philanthropical, charitable, scientific, artistic, social, professional, athletic or any similar purpose and to use the profits solely for those purposes.

O.C. 1573-91, s. 10; O.C. 1769-92, s. 4.

1.3.5.B.4.1. A “special events” permit authorizes the holder to operate premises or a vehicle where food is prepared as provided for in subparagraph j of the first paragraph and in the second paragraph of section 1.1.1, to be sold at retail or to furnish services for remuneration. The permit authorizes the holder to operate the premises or vehicle for the period fixed by the Minister under paragraph 2 of section 1.3.5.D.4.

O.C. 951-96, s. 4.

1.3.5.B.5. The following persons are exempt from the application of subparagraph m of the first paragraph of section 9 of the Act:

(1)  farm producers covered by the Farm Producers Act (chapter P-28) who process maple products, beekeeping products or consumer shell eggs or who keep whole fresh fruits and vegetables cold produced exclusively in their operation and which they sell at retail on the premises of the operation;

(2)  commercial fishermen holding the licence contemplated in section 7 of the Fisheries Act (R.S.C. 1985, c. F-14) who carry out the preparations provided for in the second paragraphs of sections 9.1.2 and 10.1.2, or who keep cold, for fresh water and marine products and who sell the products at the point of unloading;

(3)  (paragraph revoked).

O.C. 1573-91, s. 10; O.C. 1769-92, s. 5; O.C. 1305-93, s. 12.

§ 1.3.5.C.  — Categories of permits to operate premises or a vehicle where an activity forming part of a restaurateur’s business is carried on

O.C. 1573-91, s. 10.

1.3.5.C.1. There are 6 categories of operating permits for premises or a vehicle where an activity forming part of a restaurateur’s business is carried on:

(1)  “general preparation without buffet” permit;

(1.1)  “general preparation with buffet” permit;

(2)  “keep hot or cold without buffet” permit;

(2.1)  “keep hot or cold with buffet” permit;

(3)  “non-profit” permit;

(4)  “special events” permit.

O.C. 1573-91, s. 10; O.C. 1769-92, s. 6; O.C. 951-96, s. 5; O.C. 922-2005, s. 5.

1.3.5.C.2. A “general preparation without buffet” permit authorizes the holder to operate premises or a vehicle where the food preparations provided for in subparagraph j of the first paragraph and in the second paragraph of section 1.1.1 are carried out for the purposes of the restaurateur’s business, without consumers being able to serve themselves unwrapped food in bulk for consumption on the premises other than beverages, soups, condiments such as ketchup, mustard or cut onions or dessert toppings such as cherries, peanuts or caramel sauce.

O.C. 1573-91, s. 10; O.C. 1769-92, s. 7; O.C. 922-2005, s. 6.

1.3.5.C.2.1. A “general preparation with buffet” permit authorizes the holder to operate premises or a vehicle where the food preparations referred to in subparagraph j of the first paragraph and in the second paragraph of section 1.1.1 are carried on as part of the restaurateur’s business where consumers may serve themselves unwrapped food in bulk for consumption on the premises. The holder of the permit may also carry on the restaurateur’s business described in section 1.3.5.C.2

O.C. 922-2005, s. 7.

1.3.5.C.3. A “keep hot or cold without buffet” permit authorizes the holder to operate premises or a vehicle where the only preparation carried out is keeping food hot or cold, which preparation is provided for in the second paragraph of section 1.1.1, for the purposes of the restaurateur’s business, without consumers being able to serve themselves unwrapped food in bulk for consumption on the premises other than beverages, soups, condiments such as ketchup, mustard or cut onions or dessert toppings such as cherries, peanuts or caramel sauce.

O.C. 1573-91, s. 10; O.C. 1769-92, s. 7; O.C. 922-2005, s. 8.

1.3.5.C.3.1. A “keep hot or cold with buffet” permit authorizes the holder to operate premises or a vehicle where the only preparation carried out is keeping food referred to in the second paragraph of section 1.1.1 hot or cold for the purposes of the restaurateur’s business, where consumers may serve themselves unwrapped food in bulk for consumption on the premises. The holder of the permit may also carry on the restaurateur’s business described in section 1.3.5.C.3.

O.C. 922-2005, s. 9.

1.3.5.C.4. A “non-profit” permit authorizes the holder to operate premises or a vehicle where the food preparations provided for in subparagraph j of the first paragraph and in the second paragraph of section 1.1.1 are carried out for the purposes of the restaurateur’s business, solely for national, patriotic, religious, philanthropical, charitable, scientific, artistic, social, professional, athletic or any similar purpose and to use the profits solely for those purposes.

O.C. 1573-91, s. 10; O.C. 1769-92, s. 8.

1.3.5.C.4.1. A “special events” permit authorizes the holder to operate premises or a vehicle where food is prepared as provided for in subparagraph j of the first paragraph and in the second paragraph of section 1.1.1, for the purposes of the restaurateur’s business. The permit authorizes the holder to operate the premises or vehicle for the period fixed by the Minister under paragraph 2 of section 1.3.5.D.4.

O.C. 951-96, s. 6.

1.3.5.C.5. Subparagraph n of the first paragraph of section 9 of the Act does not apply to the following persons:

(1)  a person who carries on a restaurateur’s business without preparing food;

(2)  a person who carries on a restaurateur’s business in his private residence to the extent that such residence does not belong to any of the classes of tourist establishments or any of the subclasses of sleeping-accommodation establishments referred to in Division I of the Regulation respecting tourist establishments (O.C. 747-91, 91-05-29);

(3)  holders of permits of establishments in the “holiday centres”, “bed and breakfast” or “youth hostels” subclasses prescribed in sections 8, 9 and 10 of the Regulation respecting tourist establishments;

(4)  operators providing childcare services referred to in the Educational Childcare Act (chapter S-4.1.1).

O.C. 1573-91, s. 10; O.C. 1769-92, s. 9.

1.3.5.C.6. The “non-profit” permit provided for in section 1.3.5.C.4 does not apply to the operators of public and private establishments mentioned in paragraph k of section 1 of the Act, the government, its departments and agencies, which are covered by “general preparation” or “general preparation without buffet”, “general preparation with buffet”, “keep hot or cold without buffet” and “keep hot or cold with buffet” permits provided for respectively in sections 1.3.5.C.2, 1.3.5.C.2.1, 1.3.5.C.3 and 1.3.5.C.3.1

O.C. 1769-92, s. 10; O.C. 922-2005, s. 10.

§ 1.3.5.D.  — 

Note

General exemptions

O.C. 1573-91, s. 10.

1.3.5.D.1. An operator who is required to hold a permit under subparagraphs m and n of the first paragraph of section 9 of the Act for the same premises or vehicle need hold only one permit, which is the permit for the principal activity of the operation. When applying for the permit, the operator must indicate which of the two subparagraphs corresponds to the principal activity of the operation for which the permit is to be issued. The operator is then exempt from the application of the other paragraph.

O.C. 1573-91, s. 10; O.C. 922-2005, s. 11.

1.3.5.D.2. An operator of premises who holds a permit under subparagraph n of the first paragraph of section 9 of the Act is exempted, for the duration of his permit, from the application of the subparagraph requiring the permit for other premises, in the following cases:

(1)  (subparagraph revoked);

(2)  where he carries on the operations of preparing food from those premises on other premises used by a person holding the permit or food used for activities other than activities forming part of a restaurateur’s business, activities involving the preparation of food to be sold at retail or activities involving the furnishing of services for remuneration related to food;

(3)  (subparagraph revoked).

An operator must fulfill the conditions provided for in the fourth paragraph of section 1.3.1.3 to obtain a permit for each of his operating premises.

O.C. 1573-91, s. 10; O.C. 951-96, s. 7; O.C. 922-2005, s. 12.

1.3.5.D.2.1. An operator of premises who holds a permit under subparagraph m or n of the first paragraph of section 9 of the Act is exempt, for the duration of the permit, from the application of the subparagraph requiring that permit for other premises if the permit is a “non-profit” category permit and 2 or more premises are operated under the permit.

The operator must satisfy, however, in respect of each of the premises operated, the conditions of the fourth paragraph of section 1.3.1.3 for a permit to be obtained.

O.C. 922-2005, s. 13.

1.3.5.D.3. (Deleted).

O.C. 1769-92, s. 11; O.C. 922-2005, s. 14.

1.3.5.D.4. The Minister may issue the permits provided for in subparagraph m or n of the first paragraph of section 9 of the Act for a period of less than 12 months in the following cases:

(1)  where a person bound to hold a permit is also bound, for the same premises or the same vehicle, to hold a tourist establishment permit in the “restaurant” class provided for in section 4 of the Act respecting tourist accommodation establishments (chapter E-14.2) and in section 12 of the Regulation respecting tourist establishments, so that the expiry dates of the permits will coincide;

(2)  where a person bound to hold a permit carries on his activities for a period of 30 consecutive days or less.

O.C. 1483-93, s. 6; O.C. 951-96, s. 8.

§ 1.3.5.F.  — Dairy plant operating permits

O.C. 741-2008, s. 6.

1.3.5.F.1. The categories of dairy plant operating permits are as follows:

(1)  Category 1 permit, which authorizes the holder to receive 1 million litres of milk or more in the course of a year;

(2)  Category 2 permit, which authorizes the holder to receive fewer than 1 million litres of milk in the course of a year;

(3)  Category 3 permit, which authorizes the holder only to cut or package cheese, butter or other dairy products, to prepare dairy products without processing milk or to treat and process milk other than cow’s milk exclusively.

O.C. 741-2008, s. 6.

§ 1.3.5.G.  — Milk transport permits

O.C. 741-2008, s. 6.

1.3.5.G.1. A milk transport permit authorizes the holder to transport milk from a dairy farm to a dairy plant.

O.C. 741-2008, s. 6.

§ 1.3.5.H.  — Dairy distributor permits

O.C. 741-2008, s. 6.

1.3.5.H.1. The categories of dairy distributor permits are as follows:

(1)  distributor/vendor permit; and

(2)  distributor/deliverer permit.

O.C. 741-2008, s. 6.

1.3.5.H.2. A milk distributor/vendor permit authorizes the holder to purchase milk or cream for resale.

O.C. 741-2008, s. 6.

1.3.5.H.3. A milk distributor/deliverer permit authorizes the holder to deliver milk or cream.

O.C. 741-2008, s. 6.

§ 1.3.5.I.  — Dairy product substitute preparation permits

O.C. 741-2008, s. 6.

1.3.5.I.1. A dairy product substitute preparation permit authorizes the holder to operate an establishment where dairy product substitutes are prepared.

O.C. 741-2008, s. 6.

§ 1.3.5.J.  — Dairy product substitute wholesale permits

O.C. 741-2008, s. 6.

1.3.5.J.1. A dairy product substitute wholesale permit authorizes the holder to operate an establishment where dairy product substitutes are sold wholesale.

O.C. 741-2008, s. 6.

§ 1.3.5.K.  — Tester permits

O.C. 741-2008, s. 6.

1.3.5.K.1. A tester permit authorizes the holder to collect milk at dairy farms and to perform the duties as provided in sections 11.4.1 to 11.4.3.

O.C. 741-2008, s. 6.

1.3.5.K.2. The Minister issues a tester permit to holders of a tester certificate issued by the Institut de technologie agroalimentaire du Québec or any other certificate recognized as equivalent by the Minister pursuant to section 8.2 of the Act.

O.C. 741-2008, s. 6.

§ 1.3.6.  — Fees payable

R.R.Q., 1981, c. P-29, r. 1, sd. 1.3.6; O.C. 922-2005, s. 15.

1.3.6.1. Fees for slaughterhouse permits: Fees for the issue or renewal of a permit to operate a slaughterhouse are:

(a)  $609 for an A-1 slaughterhouse permit;

(b)  $609 for an A-1B slaughterhouse permit;

(c)  $609 for an A-1P slaughterhouse permit;

(d)  (paragraph revoked);

(e)  $609 for an A-3 slaughterhouse permit;

(f)  $609 for an A-4 slaughterhouse permit.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.6.1; O.C. 1819-87, s. 1; O.C. 336-93, s. 1; O.C. 725-94, s. 11; O.C. 922-2005, s. 16.

1.3.6.2. Fees for permits for plants for the preparation, conditioning or processing, for wholesale purposes, of meat or meat products intended for human consumption: Fees for the issue or renewal of a permit for a plant for the preparation, conditioning or processing, for wholesale purposes, of meat or meat products intended for human consumption are:

(a)  $609 for a “general delicatessen” permit;

(b)  (paragraph revoked);

(c)  $609 for a “meat cutting and mincing” permit;

(d)  $609 for a “pizza preparation” permit;

(e)  $609 for a “canned meat” permit;

(f)  $609 for a “hare meat preparation” permit;

(g)  $609 for a “canned hare meat” permit.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.6.2; O.C. 1819-87, s. 2; O.C. 336-93, s. 2; O.C. 725-94, s. 12; O.C. 922-2005, s. 17.

1.3.6.3. Fees for dismembering plants permits: The fees for the issue or renewal of operating permits for dismembering plants are:

(a)  $609 for a “rendering plant” category permit;

(b)  $505 for a permit of the “relay” category;

(c)  $609 for an “animal food cannery” category permit;

(d)  $609 for a “depot” category permit;

(e)  $609 for a “boning” category permit;

(f)  $609 for a “raw meat” category permit;

(g)  $609 for a “general preparation” category permit;

(h)  $609 for a “special preparation” category permit;

(i)  $41 for a permit of the “composting” category.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.6.3; O.C. 1819-87, s. 3; O.C. 336-93, s. 3; O.C. 1122-2004, s. 4; O.C. 922-2005, s. 18.

1.3.6.4. The fee for the issue or renewal of a permit to salvage inedible meat is $422 for an initial permit and $128 for each additional permit.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.6.4; O.C. 1819-87, s. 4; O.C. 336-93, s. 4; O.C. 477-2010, s. 1.

1.3.6.5. Fees for a sea food products processing establishment permit: The fees payable for the issue or renewal of a permit to operate a sea food products processing establishment are:

(1)  $609 for a “salting and drying”, “salting or drying” category permit;

(2)  $609 for a “fresh, frozen or semi-preserved” category permit;

(3)  $609 for a “treatment shop” category permit;

(4)  $609 for a “hard-smoking shop” category permit;

(5)  $609 for a “sturgeon shop” category permit.

O.C. 1055-82, s. 6; O.C. 397-88, s. 6; O.C. 1131-92, s. 3; O.C. 336-93, s. 5; O.C. 922-2005, s. 19.

1.3.6.6. Fee for a sea food products cannery permit: The fee payable for the issuing or renewal of a permit to operate a sea food products cannery is $609.

O.C. 1055-82, s. 6; O.C. 397-88, s. 7; O.C. 336-93, s. 6; O.C. 922-2005, s. 20.

1.3.6.7. The fees payable for the issue or renewal of the permit prescribed in section 1.3.5.B.1 to operate premises or a vehicle where food is prepared to be sold at retail or to furnish services for remuneration related to food intended for human consumption are fixed at

(1)  $351 for a “general preparation” permit;

(2)  $270 for a “keep hot or cold” permit;

(3)  $38 for a “non-profit” permit; and

(4)  $38 for the first day of operation and an additional $9 per day for each subsequent day for a “special events” permit.

The fees payable for the issue or renewal of the permit to operate premises or a vehicle where restaurateur activities provided for in section 1.3.5.C.1 are carried on are fixed at

(1)  $351 for a “general preparation without buffet” permit;

(2)  $540 for a “general preparation with buffet” permit;

(3)  $270 for a “keep hot or cold without buffet” permit ;

(4)  $540 for a “keep hot or cold with buffet” permit;

(5)  $38 for a “non-profit” permit; and

(6)  $38 for the first day of operation and an additional $9 per day for each subsequent day for a “special events” permit.

The fees provided for in subparagraphs 1 and 2 of the first paragraph are increased by $13 per hot or cold unit as defined in subparagraph k of the first paragraph of section 1.1.1 where there are more than 5 units which contain food offered to consumers in a self-service environment on premises or in a vehicle referred to in this section.

O.C. 1573-91, s. 11; O.C. 1769-92, s. 12; O.C. 951-96, s. 9; O.C. 922-2005, ss. 21, 30 and 31.

1.3.6.7.1. (Not in force)

O.C. 1305-93, s. 14.

1.3.6.7.2. (Not in force)

O.c. 1305-93, s. 14.

1.3.6.7.3. The fee payable for the issue or renewal of a dairy plant operating permit is

(1)  $955 for a Category 1 permit;

(2)  $191 for a Category 2 permit; and

(3)  $191 for a Category 3 permit.

O.C. 741-2008, s. 7.

1.3.6.7.4. The fee payable for the issue or renewal of a milk transport permit is

(1)  $24 for each vehicle transporting milk in cans;

(2)  for each vehicle or each tank truck according to load capacity,

(a)  $102 for a load capacity of up to 16,000 litres;

(b)  $138 for a load capacity of 16,001 to 24,000 litres; and

(c)  $170 for a load capacity of 24,001 litres or more.

O.C. 741-2008, s. 7.

1.3.6.7.5. The fee payable for the issue or renewal of a dairy distributor permit is

(1)  $31 for a distributor/vendor permit; and

(2)  $15 for a distributor/deliverer permit.

O.C. 741-2008, s. 7.

1.3.6.7.6. The fee payable for the issue or renewal of a dairy product substitute preparation permit is $948.

O.C. 741-2008, s. 7.

1.3.6.7.7. The fee payable for the issue or renewal of a dairy product substitute wholesale permit is $95.

O.C. 741-2008, s. 7.

1.3.6.7.8. The fee payable for the issue or renewal of a tester permit is $46.

O.C. 741-2008, s. 7.

1.3.6.8. From 1 April 1997, the fees payable provided for in Subdivision 1.3.6 shall be indexed on 1 April of each year according to changes in the All-Items Consumer Price Index for Canada for the 12-month period ending on 30 September of the preceding year. Those changes shall be computed on the basis of the ratio between the index for the above-mentioned period and the index for the period preceding that period. The index for a period is the average of the monthly indexes published by Statistics Canada. The fees shall be reduced to the nearest dollar where they contain a fraction of a dollar less than $0.50; they shall be increased to the nearest dollar where they contain a fraction of a dollar equal to or greater than $0.50.

The Minister shall inform the public through Part I of the Gazette officielle du Québec, and by such other means as he considers appropriate, of the indexing calculated under this section.

O.C. 1573-91, s. 11; O.C. 1769-92, s. 13; O.C. 336-93, s. 7; O.C. 1305-93, s. 15; O.C. 1483-93, s. 7; O.C. 951-96, s. 10; O.C. 922-2005, s. 22 and 29.

1.3.6.9. The holder of a permit may not be reimbursed for all or part of the fees paid for its issue or renewal.

A person who applies for the issue of a permit may not be reimbursed for all or part of the costs paid for the opening of a file.

O.C. 1573-91, s. 11; O.C. 922-2005, s. 23.

1.3.6.10. Where an operator is required to hold, for the same establishment, more than one permit referred to in Subdivision 1.3.2, 1.3.3, 1.3.4 or 1.3.5.A, the fees for the issue or renewal of those permits shall be the fee provided for in Subdivision 1.3.6 for the permit whose fee is the highest and $270 for each of the other permits.

O.C. 336-93, s. 8; O.C. 922-2005, s. 24.

1.3.6.11. The fees payable for the permits issued for a period of less than 12 months pursuant to paragraph 1 of section 1.3.5.D.4 are proportional to the duration of the validity period of the permit and are computed by dividing by 12 the fees determined in sections 1.3.6.7 and 1.3.6.8 and by multiplying the figure thus obtained by the number of months comprising the duration of the validity period of the permit.

O.C. 1483-93, s. 8; O.C. 951-96, s. 11.

1.3.6.12. The costs for the opening of a file for a permit application are $137 for each permit application. The fees are only $137 if an application is for the issue of more than one permit.

Despite the first paragraph, no fees for the opening of a file are payable for the permit applications referred to in paragraphs 3 and 4 of section 1.3.5.B.1, paragraphs 3 and 4 of section 1.3.5.C.1, paragraph 2 of section 1.3.5.H.1 and section 1.3.5.K.1.

O.C. 922-2005, s. 25; O.C. 741-2008, s. 8.

§ 1.3.7.  — Authorization for an operator to use the stamp in a wholesale delicatessen plant or in a canned meat plant

1.3.7.1. Application for authorization: The operator mentioned in the second paragraph of section 6.5.2.6 may submit to the Minister, with his application for a permit or renewal thereof, an application to be authorized by the Minister to use the stamp provided for in section 6.5.1.1 or a packaging, a label or a sticker bearing its reproduction.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.7.1.

1.3.7.2. Authorization to use the stamp: The Minister authorizes the use of the stamp or of the packaging, label or sticker bearing its reproduction if the operator meets the following conditions:

(a)  a permit to operate is issued to him or renewed pursuant to sections 10 and 11 of the Act; and

(b)  he follows the standards for construction and equipment provided for in Subdivisions 6.3.3 to 6.3.5 without following only those mentioned in sections 6.3.3.13, 6.3.4.5 and 6.3.5.11.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.7.2.

1.3.7.3. Suspension or cancellation of the authorization: The Minister may suspend or cancel the authorization provided for in section 1.3.7.2 where the operator:

(a)  no longer holds a valid operating permit;

(b)  no longer follows the standards mentioned in paragraph b of section 1.3.7.2; or

(c)  contravenes the Act or this Regulation.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.7.3.

1.3.7.4. Right to hearing and notice of reasons therefore: The Minister must, before bringing in the suspension or cancellation of the authorization provided for in section 1.3.7.2, give the operator the possibility to be heard. He must also give notice of his decision in writing, giving the reasons therefore, to the operator whose authorization is suspended or cancelled.

R.R.Q., 1981, c. P-29, r. 1, s. 1.3.7.4.

DIVISION 1.4

HYGIENIC REQUIREMENTS

1.4.1. Holding temperature: The products must be kept at a temperature which will ensure their preservation.

Products subject to deterioration by heat except for fresh whole fruits and vegetables must be cooled without delay and kept at a constant internal and surrounding temperature not exceeding 4ºC until delivered to the consumer, except during the time needed for processing or treatment requiring a higher temperature and recognized by the food industry.

Frozen products must be kept at a maximum internal and surrounding temperature of -18ºC. Non-frozen products must be kept at a temperature above their freezing point.

Thawed foods must, where sold or stored for sale in that state, bear directly or on the package an indication that they are thawed foods.

A perishable product sold hot or served hot to the consumer must be kept at a internal temperature of at least 60ºC until its delivery.

R.R.Q., 1981, c. P-29, r. 1, s. 1.4.1; O.C. 1573-91, s. 12.

1.4.2. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 1.4.2; O.C. 725-94, s. 1.

1.4.3. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 1.4.3; O.C. 725-94, s. 1.

1.4.4. The premises, area, equipment, material or vehicle used for the preparation of products for purposes of sale, of carrying on activities forming part of a restaurateur’s business or of furnishing services for remuneration related to products must be used exclusively for product preparation.

Product preparation for purposes referred to in the first paragraph must be carried on elsewhere than in a household kitchen in any of the following cases:

(1)  where products are prepared for the wholesale market;

(2)  where products are prepared in a quantity greater than 100 kg per month;

(3)  where the prepared products are dairy products other than those referred to in section 11.1.3 or dairy product substitutes.

This section does not apply to persons referred to in section 1.3.5.C.5.

R.R.Q., 1981, c. P-29, r. 1, s. 1.4.4; O.C. 1573-91, s. 13; O.C. 741-2008, s. 9.

DIVISION 1.5

FRAUD AND OFFENCES

1.5.1. Prohibition of deception: All deception or attempt to deceive, or false, inaccurate or deceitful statements or indications, in any manner or form, are forbidden, as regards:

(a)  the nature, condition, composition, identity, source, origin, use, purpose, quality, quantity, value, price or other particulars of the product;

(b)  the place, date or processes of preparation, manufacture, preservation, or conditioning of the product;

(c)  the directions for use or preservation of the product;

(d)  the identity, qualifications or capabilities of the producer, processor, manufacturer, preserver, conditioner or distributor of the product, or of the agent who sells or delivers it.

R.R.Q., 1981, c. P-29, r. 1, s. 1.5.1.

1.5.2. Adulteration and prohibited practices: It is forbidden to adulterate or attempt to adulterate a product in any manner, or in any way to fraudulently interfere with its composition, quality, or quantity, or to make use of any operation or process tending to conceal poor quality or present the product under a false appearance or to falsify the results of weighings, measurements, or quantitative and qualitative analysis of the product, or to make use of any fraudulent or misleading indication tending to give the impression of a precise operation or official control which has not actually taken place.

The possession, offering for sale or putting in circulation of means suited to such adulteration, interference, operation, process or indication are also prohibited.

R.R.Q., 1981, c. P-29, r. 1, s. 1.5.2.

CHAPTER 2

PREMISES, OPERATIONS, VEHICLES

DIVISION 2.1

PREMISES AND VEHICLES

R.R.Q., 1981, c. P-29, r. 1, Div. 2.1; O.C. 1573-91, s. 14.

2.1.1. Sections 2.1.2 to 2.1.5 apply to any premises or vehicle where products are prepared for sale, distribution, or for the furnishing of services for remuneration related to products, and to premises where restaurateur activities are carried on.

R.R.Q., 1981, c. P-29, r. 1, s. 2.1.1; O.C. 1573-91, s. 15.

2.1.2. The premises or vehicle must be free of contaminants, pollutants, any species of animal including insects and rodents or their excrements.

Despite the first paragraph, a person who enters the public service area may be accompanied by a dog compensating for a handicap.

R.R.Q., 1981, c. P-29, r. 1, s. 2.1.2; O.C. 1573-91, s. 16; O.C. 725-94, s. 1; O.C. 477-2010, s. 9.

2.1.2.1. On premises or in a vehicle, unpackaged products must be placed in receptacles or containers except for fresh fruits and vegetables at the time of their harvesting.

The premises must be equipped with a shelving system designed to store product recipients or containers so that they do not come into contact with the floor.

The shelving must be a minimum of 10 cm above the floor in the case of fixed shelving and 8 cm above the floor in the case of adjustable shelving.

O.C. 1573-91, s. 17.

2.1.2.2. The premises, area or vehicle used for product preparation must be equipped with an artificial lighting system having an intensity of not less than 50 decalux at 1 m from the floor; on the premises or in the area used for storing products and material, the lighting intensity must be not less than 20 decalux.

On the premises, in the area or vehicle used for preparation and on the premises or in the areas where unpackaged products and packaging material are stored, the lighting system must be equipped with a protective device preventing the products or packaged material from being contaminated should any components in the system fail.

O.C. 1573-91, s. 17.

2.1.3. The premises or vehicle must be ventilated and must have:

(1)  hot and cold running drinking water;

(2)  a device that distributes liquid or powdered soap.

The temperature of the hot water must be at least 60ºC.

The premises, area or vehicle used for product preparation must also be equipped with a sink, disposable individual towels and a waste water recovery or drainage system.

R.R.Q., 1981, c. P-29, r. 1, s. 2.1.3; O.C. 1573-91, s. 18.

2.1.3.1. Water used in the preparation and preservation of food and for the cleaning of equipment that comes into direct contact with the products must be drinkable.

Ice used for human consumption or in the preparation and preservation of food must be made of drinking water and must be protected from contamination while being transported, handled and stored.

O.C. 1573-91, s. 18; O.C. 1187-2011, s. 4.

2.1.3.2. The premises or vehicle must be equipped with installations, areas or compartments sufficient to maintain the temperatures prescribed in section 1.4.1, and the operator must have a functioning thermometer that is precise to +-1ºC.

Every refrigerating or freezing installation, area or compartment must be equipped with a functioning thermometer or thermograph precise to +-1ºC that indicates the temperature in the warmest location.

O.C. 1573-91, s. 18.

2.1.3.3. The premises or vehicle must have receptacles for waste, scrap or rubbish.

The receptacles must be watertight, nonabsorbent, rigid and have lids that are not made of cardboard. They must be washed and disinfected as soon as they have been emptied.

O.C. 1573-91, s. 18.

2.1.4. The surface of the material, equipment, utensils, and containers that come into direct contact with products, except for whole fresh fruits and vegetables that are not used in the preparation, must be made of a material that is:

(1)  not corroded;

(2)  withstands washing, cleaning or disinfection;

(3)  non-toxic and not rotten or in the process of rotting;

(4)  nonabsorbent and waterproof;

(5)  unaffected by the products and manufactured in such manner that it does not alter the products.

The surfaces must be free of loose particles, bumps or cracks.

Material and equipment manufactured by assembly other than by welding or by watertight seal must be able to be taken apart, and each part must be accessible for washing, cleaning, disinfecting and inspection.

The surface of the material, equipment, utensils and containers that come into direct contact with products must be scoured with a non-metallic instrument or pad.

R.R.Q., 1981, c. P-29, r. 1, s. 2.1.4; O.C. 1573-91, s. 19; O.C. 725-94, s. 13.

2.1.5. On premises or in a vehicle used for product preparation:

(1)  the doors, walls and ceilings must be washable, smooth, not rotten or in the process of rotting and free of bumps or peeling;

(2)  the floors must be nonabsorbent, washable, free of cracks and sawdust, cardboard, salt or any other dry or moist material;

(3)  the doors, windows, screens and air vents must be fitted in such manner that they prevent any species of animal including insects and rodents from entering.

R.R.Q., 1981, c. P-29, r. 1, s. 2.1.5; O.C. 1573-91, s. 20; O.C. 725-94, s. 14.

2.1.6. Market place: The buildings and equipment of a market place, whose operator leases booths to product vendors shall be clean and such market shall have:

(a)  a pressurized network of hot and cold drinking water;

(b)  a drain network for the removal of rain and waste water. Such network shall be flushable and designed as a double system with manholes, flushing system, siphon trap sumps, protective grating, and solid matter interceptors;

(c)  washrooms equipped with sinks, liquid soap distributors, drying apparatuses, lockers and toilets for the vendors and their staff;

(d)  a closet for storing cleansing and sanitation equipment and products.

Where meat or meat product counters are installed, the market place, in addition to being subject to Subdivisions 6.4.1 and 6.7.1, must also have:

(a)  hot and cold water stations installed at each counter in order to permit the washing or cleaning under pressure of the premises, equipment and booths, tools or utensils;

(b)  a machine room or separate sector comprising an area for the installation of heating systems, compressors and electric distribution panels and an area for the repair and mechanical maintenance of the equipment.

R.R.Q., 1981, c. P-29, r. 1, s. 2.1.6.

DIVISION 2.2

OPERATIONS

2.2.1. The premises, vehicles, equipment, material and utensils used for the preparation, packaging, storage, transport, labelling and servicing of the products, along with all other installations and sanitary areas, must be clean.

R.R.Q., 1981, c. P-29, r. 1, s. 2.2.1; O.C. 1573-91, s. 21.

2.2.2. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 2.2.2; O.C. 725-94, s. 1.

2.2.3. Persons who come into contact with the products or with material and equipment in contact with the products, must wash their hands and forearms with hot water and liquid or powdered soap from a dispenser after using tobacco, going to the washroom or handling raw food, before starting work and each time there is a risk of product contamination.

On the premises and in an area or vehicle used for product preparation, hands must be dried with individual towels that must be disposed of after use. Furthermore, no person may use tobacco in those places.

Persons who prepare products, wash or clean material and equipment must:

(1)  wear a hat or a clean hairnet that completely covers the hair;

(2)  wear a clean beard-covering that completely covers the beard;

(3)  wear clean clothing which is worn exclusively for the work;

(4)  (subparagraph revoked);

(5)  refrain from wearing nail polish, watches, rings, earrings or other jewellery;

(6)  abstain from eating on the premises and in the areas or vehicles used for product preparation or for washing or cleaning of materials and equipment.

R.R.Q., 1981, c. P-29, r. 1, s. 2.2.3; O.C. 1573-91, s. 22; O.C. 741-2008, s. 10.

2.2.3.1. A person referred to in the first paragraph of section 2.2.3 must

(1)  be free of any contagious disease transmittable through the products;

(2)  be free of any infected skin lesion;

(3)  wear a clean waterproof bandage over any open non-infected skin lesion; and

(4)  wear a clean waterproof glove long enough to completely cover the bandage over the lesion if the lesion referred to in paragraph 3 is on the hand, wrist or forearm and discard the glove when it is removed.

O.C. 741-2008, s. 11.

2.2.3.2. No person referred to in the first paragraph of section 2.2.3 may use latex or latex powdered gloves in a packing-house, establishment, premises or vehicle referred to in section 33 of the Act.

The prohibition under the first paragraph does not apply to rendering plant workers.

O.C. 741-2008, s. 11.

2.2.3.3. No person may use a cleaning agent, sanitizer or pesticide that does not meet the standards established by the Food and Drugs Act (R.S.C. 1985, c. F-27) or the Pest Control Products Act (S.C. 2002, c. 28) or that is not in the Reference Listing of Accepted Construction Materials, Packaging Materials and Non-Food Chemical Products published by the Canadian Food Inspection Agency and available through the Internet at http://www.inspection.gc.ca.

O.C. 741-2008, s. 11.

2.2.4. Unwrapped food held for retail purposes, with the exception of whole fresh fruits and vegetables and bulk food, must be protected against handling by the public.

R.R.Q., 1981, c. P-29, r. 1, s. 2.2.4; O.C. 1573-91, s. 23; O.C. 725-94, s. 15.

2.2.4.1. An operator of premises or a vehicle where food for human consumption is prepared to be sold or to furnish services for remuneration or where an activity forming part of a restaurateur’s business is carried on must assign responsibility for the control of food hygiene and safety on the premises or in the vehicle to the holder of a food establishment manager training certificate.

O.C. 454-2008, s. 2.

2.2.4.2. In addition to complying with the requirement of section 2.2.4.1, the operator must also

(1)  ensure that the person responsible for the control of food hygiene and safety or at least one member of the operator’s personnel who holds a food handler training certificate or a food establishment manager training certificate is present on the premises or in the vehicle during operating hours; or

(2)  ensure that at least 10% of the operator’s personnel assigned to product preparation or to washing or cleaning material and equipment in contact with the products, including the person responsible for the control of food hygiene and safety, hold a food handler training certificate or a food establishment manager training certificate.

O.C. 454-2008, s. 2.

2.2.4.3. An operator referred to in section 2.2.4.1 must maintain a register in which the number of personnel assigned to product preparation or to washing or cleaning material and equipment in contact with the products is entered, including the person responsible for the control of food hygiene and safety on the premises or in the vehicle, and the names of the persons who hold a food handler training certificate or a food establishment manager training certificate.

The operator must keep the register at the operating premises for as long as those persons are members of the operator’s personnel and for 12 months after they have ceased to be members of the personnel.

O.C. 454-2008, s. 2.

2.2.4.4. Food handler training must be of a minimum of 6 hours and cover the following subjects:

(1)  microbiological, physical and chemical hazards associated with food hygiene and safety;

(2)  food storage temperatures;

(3)  food origins;

(4)  food labelling;

(5)  work methods that prevent food contamination;

(6)  general principles of hygiene for persons in contact with food or with material or equipment in contact with food;

(7)  material and equipment cleaning, sanitizing and disinfecting procedures; and

(8)  environmental sources of food contamination.

A food handler training certificate is issued to a person who has obtained a mark of at least 60% on the examination prepared by the Institut de technologie agroalimentaire du Québec.

O.C. 454-2008, s. 2.

2.2.4.5. Food establishment manager training must be of a minimum of 12 hours and cover the following subjects, in addition to the subjects listed in the first paragraph of section 2.2.4.4:

(1)  analysis and assessment of hazards;

(2)  hazards management, including the establishment of appropriate procedures;

(3)  regulatory and legislative standards applicable to food hygiene and safety; and

(4)  preparation of continuous training activities related to the rules governing food hygiene and safety.

A food establishment manager training certificate is issued to a person who has obtained a mark of at least 60% on the examination prepared by the Institut de technologie agroalimentaire du Québec.

O.C. 454-2008, s. 2.

2.2.4.5.1. A person who holds a certificate of qualification equivalent to the certificate obtained through the training described in the first paragraph of section 2.2.4.4 or 2.2.4.5, or recognized by a department or a government body elsewhere in Canada, is deemed to hold a certificate referred to in the second paragraph of those sections.

O.C. 1187-2011, s. 5.

2.2.4.6. Candidates who fail the examination referred to in the second paragraph of section 2.2.4.4 or section 2.2.4.5 may retake the examination within 90 days after the date on which the notice of failure is received without having to retake the training described in the first paragraph of those sections.

O.C. 454-2008, s. 2.

2.2.4.7. A person is exempt from the training required under the first paragraph of section 2.2.4.4 or 2.2.4.5 if the person applies in writing for an exemption to the Institut de technologie agroalimentaire du Québec, stating his or her name, address and telephone number, and the training for which the training exemption is applied for, and attaches documents proving

(1)  that the person has taken training in which the applicant acquired knowledge equivalent to that provided in the training described in the first paragraph of section 2.2.4.4 or 2.2.4.5; or

(2)  that the person has work experience in the control of food hygiene and safety or in food preparation of at least 2 years for a food handler training certificate, and at least 3 years for a food establishment manager training certificate.

The person referred to in the first paragraph must achieve a mark of at least 60% on the examination prepared by the Institut de technologie agroalimentaire du Québec. A person who fails the examination is subject to section 2.2.4.4 or 2.2.4.5.

O.C. 454-2008, s. 2.

2.2.4.8. A home educational childcare provider within the meaning of the Education Childcare Act (chapter S-4.1.1), a person responsible for an intermediate resource or a family-type resource referred to in section 302 or 310 of the Act respecting health services and social services (chapter S-4.2) and the operator of a private seniors’ residence referred to in section 346.0.1 of that Act are exempt from the application of sections 2.2.4.1 to 2.2.4.3, if they do not provide care for more than 9 residents.

Despite the foregoing, the home educational childcare provider, the person responsible for an intermediate resource or a family-type resource and the operator of a private seniors’ residence must assign responsibility for the control of food hygiene and safety on the operating premises to a person who has completed 3 hours and 30 minutes of training provided by an authorized person within the meaning of subparagraph f of the first paragraph of section 1 of the Food Products Act (chapter P-29) on the following subjects:

(1)  food storage temperatures;

(2)  work methods to prevent food contamination;

(3)  general principles of hygiene for persons in contact with food or with material or equipment in contact with food;

(4)  material and equipment cleaning, sanitizing and disinfecting procedures;

(5)  environmental sources of food contamination.

The persons must also

(1)  ensure that the person responsible for the control of food hygiene and safety or at least one member of the personnel who has completed the training described in the second paragraph is present on the operating premises while food is being prepared and the material and equipment in contact with the food is being washed or cleaned; or

(2)  ensure that at least 10% of the personnel assigned to product preparation or to washing or cleaning material and equipment in contact with the products, including the person responsible for the control of food hygiene and safety on the operating premises, have completed the training described in the second paragraph.

The second and third paragraphs do not apply to a person responsible for an intermediate resource or a family-type resource and the operator of a private seniors’ residence, if the resource or residence has fewer than 4 residents.

A person who holds an equivalent certificate of qualification issued or recognized by a department or a government body elsewhere in Canada is deemed to have completed the training provided for in the second paragraph.

O.C. 454-2008, s. 2; O.C. 1187-2011, s. 6.

2.2.4.9. The holder of a permit required under subparagraph k.1 or k.2 of the first paragraph of section 9 of the Act or under paragraph 4 of section 1.3.5.B.1 or 1.3.5.C.1, the person referred to in section 1.3.5.B.5 and the operator of an establishment registered under the Meat Inspection Act (R.S.C. 1985, c. 25 (1st Suppl.)) are exempt from the application of sections 2.2.4.1 to 2.2.4.3.

O.C. 454-2008, s. 2.

2.2.5. Registers of operations: Every person who is required to hold a permit or to register under the Act must keep registers and retain vouchers of his operations at the disposal of inspectors.

The said registers and vouchers must indicate:

(a)  the nature and quantity of the products bought or received;

(b)  the date of their purchase or receipt and, for each lot of live marine bivalve molluscs, the species, the date of fishing or harvesting and the area or sector of origin;

(c)  the name and address of the supplier and, in the case of a warehouser, the name and address of the consignor and the number corresponding to the same lot of products stored, with mention of the number of the stamp in the case of meat or meat products coming from an authorized operator.

Where a given lot of marine bivalve molluscs has undergone depuration, the registers and vouchers shall also indicate the date on which the molluscs were taken from the area or sector they were in before being depured, the beginning and end dates of the depuration process and, where applicable, the area or sector where they underwent depuration.

Where a given lot of live marine bivalve molluscs is kept or conditioned in a fish-tank, the registers and vouchers shall indicate the beginning and end dates for the time the lot was kept or conditioned in the fish-tank and the source of the water in which it was kept or conditioned.

In the case of a permit holder referred to in subparagraph c or d of the first paragraph of section 9 of the Act, the aforesaid record of the name and address of the supplier may be made on invoices taking the place of registers in the case of inedible meat other than the one mentioned in paragraph A or of the carcasses mentioned in subparagraph b of paragraph B of section 7.1.1.

For the purposes of this Regulation, a lot of live marine bivalve molluscs is composed of only one species from the same area or sector, picked or harvested on the same date and, where applicable, depured on the same dates in the waters of the same area or sector or processed or conditioned identically on the same dates.

Furthermore, the area or sector corresponds to the areas or sectors delimited in the Quebec Fishery Regulations, 1990 (SOR/90-214).

For the purposes of this Regulation, excepting this section, the area or sector of picking or harvesting means the area or sector where the molluscs were located upon picking or harvesting, regardless of whether they has been relocated for depuration purposes.

R.R.Q., 1981, c. P-29, r. 1, s. 2.2.5; O.C. 403-99, s. 1; O.C. 477-2010, s. 1.

2.2.6. In addition, in the case of a warehouser, food broker or retailer supplying a restaurateur and of any person required to have a permit, such registers and vouchers must indicate:

(a)  the nature and quantity of the products sold or delivered;

(b)  the date of their sale or delivery;

(c)  the name and address of the consignee.

In the case of a warehouser, these registers must also indicate the number of the lot from which the products delivered were taken.

R.R.Q., 1981, c. P-29, r. 1, s. 2.2.6.

2.2.7. In the case of a retailer or restaurateur, invoices may take the place of registers or vouchers provided that they bear the same indications as those required under sections 2.2.5 and 2.2.6.

R.R.Q., 1981, c. P-29, r. 1, s. 2.2.7.

2.2.8. The said registers, vouchers or invoices must be kept for at least one year from the date of the last entry made in them or, as the case may be, from the date on which they were made out.

R.R.Q., 1981, c. P-29, r. 1, s. 2.2.8.

2.2.9. Sections 2.2.5 to 2.2.8 and 3.3.3 do not apply to holders of a permit required under section 8.2 or subparagraphs k.1 to k.4 of the first paragraph of section 9 of the Act.

O.C. 741-2008, s. 12.

DIVISION 2.3

VEHICLES

2.3.1. State of the vehicle: Every vehicle which is used for the transportation of food must, at all times, be suitable for that purpose and kept in a state of maintenance, cleanliness and hygiene appropriate to the nature of the product transported.

R.R.Q., 1981, c. P-29, r. 1, s. 2.3.1.

2.3.2. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 2.3.2; O.C. 725-94, s. 1.

2.3.3. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 2.3.3; O.C. 725-94, s. 1.

2.3.4. Prohibition: It is prohibited to transport a product which is not conditioned, packed and labelled in accordance with the prescribed standards, or whose container or packaging is defective or not properly closed.

R.R.Q., 1981, c. P-29, r. 1, s. 2.3.4.

2.3.5. Prohibited operations: It is prohibited to deposit the product or to transfer it from one container to another on or near a public thoroughfare or in a place which is exposed to the sun or weather conditions, or unprotected from all sources of pollution, contamination or deterioration which might affect the product, container or packaging.

R.R.Q., 1981, c. P-29, r. 1, s. 2.3.5.

2.3.6. Inscriptions: Every vehicle used for sale and delivery to homes, retail stores, restaurants or any other eating places must bear, in indelible, legible and conspicuous letters at least 8 cm high, on both its sides, inscriptions indicating the name and address of its owner or of the vendor, manufacturer or preparer of the food contained therein.

R.R.Q., 1981, c. P-29, r. 1, s. 2.3.6; O.C. 725-94, s. 1.

CHAPTER 3

CONDITIONING AND SALE

DIVISION 3.1

NAME AND COMPOSITION

3.1.1. Name: The name used to designate a product shall indicate the true nature of the product, be applicable to all products having similar characteristics and be exact and free from ambiguity.

The name used to designate an artificial, synthetic, imitation or gourmet product shall distinguish that product from existing products of a well-defined, natural, traditional or time-honoured type.

R.R.Q., 1981, c. P-29, r. 1, s. 3.1.1; O.C. 725-94, s. 1.

3.1.2. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 3.1.2; O.C. 725-94, s. 1.

3.1.3. Restricted terms: The following terms or any expressions equivalent thereto shall be restricted as hereinafter specified:

(a)  “pasteurized”: to a product which, by means of a suitable, recognized process, has been ridden of pathogenic micro-organisms and is kept in that condition until its delivery to the consumer;

(b)  “sterilized”: to a product which, by means of a suitable, recognized process, has been rid of all living micro-organisms and is kept in that condition until its delivery to the consumer;

(c)  “homogenized”: to a product which, by means of a suitable, recognized process, has been rendered uniform throughout and stabilised and kept in this condition until its delivery to the consumer;

(d)  “frozen”: to a product all parts of which have been reduced to a temperature below its freezing point and kept in that condition until its delivery to the consumer;

(e)  “deep-frozen” or “ultra-rapid frozen”: to a product meeting all the conditions required by the “ultra-rapid freezing” technique at the various stages from harvesting or preparation up to delivery to the consumer.

R.R.Q., 1981, c. P-29, r. 1, s. 3.1.3.

3.1.4. Composition, characteristics: The composition and characteristics of a product and its name and all information accompanying it must comply with the then relevant provisions in force under a law of Québec or failing such, under the Food and Drugs Act (R.S.C. 1985, c. F-27), the Meat Inspection Act (R.S.C. 1985, c. 25 (1st Suppl.)) or the Feeds Act (R.S.C. 1985, c. F-9).

R.R.Q., 1981, c. P-29, r. 1, s. 3.1.4.

3.1.5. Prohibited substance: No substance may be present either in or on or as a constituent of a product, nor be used in its preparation if the presence, addition or use of such substance is then prohibited under a law of Québec, or failing such, under the Food and Drugs Act (R.S.C. 1985, c. F-27), the Meat Inspection Act (R.S.C. 1985, c. 25 (1st Suppl.)) or the Feeds Act (R.S.C. 1985, c. F-9).

R.R.Q., 1981, c. P-29, r. 1, s. 3.1.5.

3.1.6. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 3.1.6; O.C. 725-94, s. 1.

3.1.7. Antimicrobial agents: Honey and any honey-based product shall be free of sulfathiazole (para-amino benzene-sulfonamido)-2 thiazole, its salts and its derivatives.

O.C. 845-87, s. 1.

DIVISION 3.2

CONTAINERS AND PACKAGES

3.2.1. Fundamental rule: All containers, packages, wrappings, equipment, apparatus, utensils or objects used to collect, measure, keep, transport, deliver or serve the product must be clean, aseptic, well prepared, resistant to possible interaction with the product and capable of protecting it effectively against all risk of pollution, contamination or deterioration.

They must not be liable to impart any flavour, odour, or impurity to the product nor have been exposed to any source of unwholesomeness, nor have previously contained any substance whose proximity or contact might impair the quality or wholesomeness of the product.

R.R.Q., 1981, c. P-29, r. 1, s. 3.2.1; O.C. 725-94, s. 1.

3.2.2. Measuring: The measuring of the product must be carried out with accurate instruments.

R.R.Q., 1981, c. P-29, r. 1, s. 3.2.2; O.C. 725-94, s. 16.

3.2.3. Containers of canned products must be absolutely impervious and airtight, and must not show any signs of bulging, leakage or other outward indications of spoiling of their contents.

Such containers must contain only the maximum quantity of product it is possible to package therein without altering its appearance, quality or preservation.

R.R.Q., 1981, c. P-29, r. 1, s. 3.2.3; O.C. 725-94, s. 1.

3.2.4. Stopper materials, films and wrapping materials: Materials used to stopper bottles must be new unless they are made of glass or are as resistant and easy to clean as glass and must be bacteriologically clean.

The same applies to paper, films, fabrics, coatings, linings, plastics, casings, bladders and other similar materials used to wrap, enclose, cover or protect the product and to bags or wrappings made of paper, fabric, or plastic or transparent material.

R.R.Q., 1981, c. P-29, r. 1, s. 3.2.4.

DIVISION 3.3

MARKINGS AND NOTATIONS

3.3.1. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 3.3.1; O.C. 725-94, s. 1.

3.3.2. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 3.3.2; O.C. 725-94, s. 1.

3.3.2.1. Every lot of live bivalve molluscs must be transported from the area or sector of picking or harvesting to the location where it will be processed or conditioned for marketing, in a container, package or wrapping bearing a tag or an inscription mentioning the species, the picking or harvesting area or sector and the name of the harvester or sea farmer.

Those particulars shall be written in indelible, highly visible and legible characters.

O.C. 403-99, s. 2.

3.3.3. Compulsory inscriptions: Every product conditioned with a view to sell must display on its container, package or wrapping, in indelible, plainly legible and conspicuous characters:

(a)  the markings necessary to show:

i.  the nature, condition, composition, use, exact quantity, origin and all other particulars of the product;

ii.  the name and address of the manufacturer, preparer, conditioner, packer, supplier or distributor;

iii.  its place of manufacture, preparation or conditioning;

(b)  (subparagraph revoked).

Listing of the constituents of a product must be according to decreasing order of their proportions in the product.

The indication of weight must take into account the loss to which the product may normally be subject after its conditioning and must be expressed as net weight.

In addition to the other particulars provided for in this section, every container, package or wrapping of mollusc meat or of live marine bivalve molluscs that is marketed must show, in indelible, highly visible and legible characters, the area or sector of harvesting and the date on which the lot was picked or harvested.

Furthermore, the container, package or wrapping of mollusc meat shall indicate the preparation date.

The fourth and fifth paragraphs do not apply to canned molluscs.

R.R.Q., 1981, c. P-29, r. 1, s. 3.3.3; O.C. 725-94, s. 17; O.C. 403-99, s. 3.

3.3.4. Labelling of displays: When displayed in a retail business establishment, the product, its packaging or container, or a sign referring to a single lot of identical products must bear a label including:

(a)  the name of the product if there can be any uncertainty about its precise nature;

(b)  indication of the source of the product in the case of an agricultural product which is similar to an agricultural product of Québec but does not come from Québec;

(c)  (paragraph revoked).

(d)  the area or sector of picking or harvesting and the picking or harvesting date of a given lot of live bivalve marine molluscs marketed in bulk.

Furthermore, where they are marketed in bulk, all live marine bivalve molluscs displayed shall come from the same lot.

R.R.Q., 1981, c. P-29, r. 1, s. 3.3.4; O.C. 1055-82, s. 7; O.C. 725-94, s. 1; O.C. 403-99, s. 4.

3.3.5. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 3.3.5; O.C. 725-94, s. 1.

3.3.6. Indication of origin: The indication of origin of an agricultural product shall be given by inscribing the name of the country of origin or, in the case of a Canadian product, the word “Canada” or the name of the province of origin or an equivalent expression or designation.

The word “Québec” is reserved exclusively for Québec agricultural products.

R.R.Q., 1981, c. P-29, r. 1, s. 3.3.6.

3.3.7. Forbidden markings: All markings or notations relating to sanitary or any other control, or to an official certificate, guarantee, law or regulation, unless specifically authorized or prescribed by a law or regulation and used in the manner and conditions prescribed therein, is forbidden.

Except in the pharmaceutical trade, any statement about curative or preventive properties of a product, unless authorized or prescribed by a law or regulation and used in the manner and conditions prescribed therein, is likewise forbidden.

Any indication, expression, name, picture, mark, publicity or advertisement relating to a sanitary control or other, to an official certificate, a sanitation guarantee, an inspection by a public authority, a stamp or an inspection sentence prescribed by a law or regulation must be used or made solely in the manner and under the conditions prescribed in such law or regulation.

R.R.Q., 1981, c. P-29, r. 1, s. 3.3.7.

3.3.8. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 3.3.8; O.C. 725-94, s. 1.

3.3.9. Any statement of the price of bread is prohibited elsewhere than on the bread wrapping or on the display counter used for the sale. The display counter shall be located inside the establishment.

The first paragraph shall not apply to a loaf of bread weighing 170 g or less.

O.C. 1483-93, s. 10.

3.3.10. Advertising the donation of bread is prohibited.

O.C. 1483-93, s. 10.

DIVISION 3.4

AUTOMATIC DISPENSER AND ITINERANT CANTEEN

3.4.1. Location: An automatic food dispenser must be installed in a salubrious and clean place.

R.R.Q., 1981, c. P-29, r. 1, s. 3.4.1; O.C. 725-94, s. 18.

3.4.2. Inscription: The operator of the machine must inscribe on the machine, on the side facing the public, his name and address as well as the nature of any food which the machine may contain for distribution and which is not visible by the buyer.

R.R.Q., 1981, c. P-29, r. 1, s. 3.4.2.

3.4.3. Maintenance condition: The operator must empty the machine as soon as it is out of use. Cleaning of the machine must be done at each replenishing.

R.R.Q., 1981, c. P-29, r. 1, s. 3.4.3.

3.4.4. Machine protection: All surfaces of an automatic dispenser in contact with food must be inaccessible to the public and protected against the dirt in the ambient air through filters or enclosures.

R.R.Q., 1981, c. P-29, r. 1, s. 3.4.4.

3.4.5. Prepackaged food: An automatic food dispenser must sell only foodstuffs contained in individual packages, boxes or sachets.

Where the foodstuffs are not wrapped, the machine must be so designed as to prevent their contamination.

R.R.Q., 1981, c. P-29, r. 1, s. 3.4.5.

3.4.6. The dispensing piping must not allow the accumulation of waste.

When the appliance is intended to dispense cold beverages, the whole of the dispensing installation must be enclosed in a cold-storage device permanently maintaining a temperature between 0º and 4ºC except for the container of non fermentable concentrated fruit juices intended for dilution and for the container of carbon dioxide gas.

The machine must contain individual paper cups placed in a compartment sheltered from pollution; a device must permit the consumer to serve himself without contaminating the remaining paper cups. A container must be provided nearby to receive the paper cups after use.

R.R.Q., 1981, c. P-29, r. 1, s. 3.4.6; O.C. 725-94, s. 1.

3.4.7. Itinerant canteen: A vehicle for the supplying of food known under the common name of “mobile or itinerant canteen” must be provided:

(a)  with a wash basin containing hot and cold water, of excellent hygienic, bacteriological and chemical quality, in sufficient quantity to allow the food handlers to keep themselves and the equipment and utensils they use clean;

(b)  with liquid or powdered soap and individual towels placed in automatic dispensers;

(c)  with a mechanical refrigerator for perishables;

(d)  with a tank for waste water;

(e)  with an impervious and tight waste container;

(f)  with a thermometer or thermostat in the cold compartment and in the warm compartment.

R.R.Q., 1981, c. P-29, r. 1, s. 3.4.7.

3.4.8. Vehicle: The vehicle used as an itinerant or mobile canteen must be used only for the transport and sale of food.

It must be covered, closed and covered with a non-corrosive smooth, hard and washable material.

If the service is given within the vehicle, only the vendor may enter therein.

R.R.Q., 1981, c. P-29, r. 1, s. 3.4.8.

3.4.9. Packaged food: The food and utensils intended for and served to the consumer from a mobile or itinerant canteen must be prepared, wrapped and packed hermetically and separately in individual portions in a plant for the preparation of food before placing in the vehicle.

These foods and utensils must be served to the consumer in their original package, except any food in a liquid state kept in bulk and served by means of an automatic dispenser.

R.R.Q., 1981, c. P-29, r. 1, s. 3.4.9.

3.4.10. Meat products: All meat products held or kept in a mobile canteen or dispensed by an automatic vending machine must have been prepared and packed in a plant operated in conformity with this Regulation and serving only for that purpose.

R.R.Q., 1981, c. P-29, r. 1, s. 3.4.10.

3.4.11. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 3.4.11; O.C. 725-94, s. 1.

CHAPTER 4

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, c. 4; O.C. 477-2010, s. 10.

DIVISION 4.1

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Div. 4.1; O.C. 477-2010, s. 10.

4.1.1. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 4.1.1; O.C. 725-94, s. 19; O.C. 477-2010, s. 10.

4.1.2. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 4.1.2; O.C. 1825-93, s. 1; O.C. 477-2010, s. 10.

4.1.3. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 4.1.3; O.C. 477-2010, s. 10.

4.1.4. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 4.1.4; O.C. 477-2010, s. 10.

4.1.5. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 4.1.5; O.C. 1825-93, s. 2; O.C. 477-2010, s. 10.

4.1.6. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 4.1.6; O.C. 1825-93, s. 2; O.C. 477-2010, s. 10.

4.1.7. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 4.1.7; O.C. 1825-93, s. 2; O.C. 477-2010, s. 10.

4.1.8. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 4.1.8; O.C. 1825-93, s. 2; O.C. 477-2010, s. 10.

4.1.9. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 4.1.9; O.C. 1825-93, s. 2; O.C. 477-2010, s. 10.

4.1.10. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 4.1.10; O.C. 1825-93, s. 2; O.C. 477-2010, s. 10.

CHAPTER 5

SHELL EGGS AND PROCESSED EGGS

R.R.Q., 1981, c. P-29, r. 1, c. 5; O.C. 591-90, s. 1.

DIVISION 5.1

GENERAL PROVISIONS RESPECTING SHELL EGGS

R.R.Q., 1981, c. P-29, r. 1, Div. 5.1; O.C. 591-90, s. 1.

5.1.1. In Divisions 5.1 to 5.4:

“blood spot” means a small particle of blood on the yolk or in the albumen of an egg; (caillot sanguin)

“box” means a container holding 15 dozen eggs; (boîte)

“candling” means the examination of the condition of the interior of an egg by turning it or causing it to be turned in front of or over an artificial light source illuminating the contents; (mirage)

“carton” means a container with a compartment for each egg; (carton)

“case” means a container holding 30 dozen eggs; (caisse)

“colouring agent” means any food additive allowed as a food colouring agent in accordance with the standards of Division 16 of Part B of the Food and Drug Regulations (C.R.C., c. 870); (colorant)

“container” means any case, box, or carton designed specifically to contain eggs; (contenant)

“dirt” means any foreign matter clinging to the surface of an eggshell; (saleté)

“domestic hen” means the female of the Gallus domesticus species; (poule domestique)

“drinking water” means water complying with the standards of quality prescribed by the Regulation respecting the quality of drinking water (chapter Q-2, r. 40); (eau potable)

“egg” means a shell egg laid by a domestic hen; (oeuf)

“grade” means the grades “Canada A”, “Canada B” or “Canada C” as prescribed by Schedule 5.A; (catégorie)

“grading station” means an establishment where washing, candling, sizing or packing of eggs and the marking of their containers are performed and where any marking of the eggs is performed; (poste de classement)

“honeycomb carton” means a tray for 30 eggs with a compartment for each egg; (carton alvéolé)

“meat spot” means any particle of the oviduct of a domestic hen present on the yolk or in the albumen of an egg; (tache de chair)

“producer” means a person shipping, transporting, selling or distributing only the eggs produced exclusively on his farm or in a henhouse leased by him; (producteur)

“size” means the sizes “Extra large”, “Large”, “Medium”, “Small” or “Very small” as prescribed by Schedule 5.B; (calibre)

“spot” means any substance, other than dirt or a design on the surface of an eggshell. (tache)

R.R.Q., 1981, c. P-29, r. 1, s. 5.1.1; O.C. 591-90, s. 1; O.C. 647-2001, s. 52; O.C. 1224-2012, s. 1.

5.1.2. Eggs must be graded, marked, packed and their containers marked in accordance with this Division and Divisions 5.2 to 5.4.

Eggs graded by a producer that has a flock of 300 hens or less are not marked despite sections 5.1.4.1 and 5.1.4.2. The producer is exempt from the obligations provided for in section 5.1.4.3 in respect of the registration of the producer’s grading station.

Despite the first paragraph and sections 5.1.3 to 5.1.4.2, eggs sold at retail at the producer’s establishment are not graded or marked provided that the eggs are clean and do not leak.

Eggs must be graded in one of the grades prescribed by Schedule 5.A, and in accordance with the standards prescribed in that Schedule for each of the grades.

O.C. 591-90, s. 1; O.C. 1224-2012, s. 2.

5.1.3. Eggs may be graded only if:

(1)  they are free of odours not occurring in healthy eggs;

(2)  they are not mouldy;

(3)  they are not in a state of incubation and they have not been in an incubator;

(4)  they are free of defects other than those listed in Schedule 5.A;

(5)  they are free of any pathogenic microorganism;

(6)  they are not obtained by the slaughter of domestic hens;

(7)  they meet the minimum standards prescribed for grade “Canada C” of Schedule 5.A.

O.C. 591-90, s. 1.

5.1.4. Eggs may be graded and marked only in a grading station meeting the standards of Division 5.2.

O.C. 591-90, s. 1; O.C. 1224-2012, s. 3.

5.1.4.1. Each graded egg is marked on its shell with the identifying codes defined in this section designed in particular to trace its place of origin or to identify the grading station where it was marked.

Eggs produced in Québec must be marked with the QC abbreviation exclusively reserved for eggs produced in Québec. The abbreviation is immediately followed by a code chosen by the producer to identify himself or herself or the laying nest of origin; in addition, the code identifying the producer must also make it possible to distinguish the producer’s production sites, if applicable.

In the case of eggs from outside Québec, in the absence of a code identifying the laying nest of origin, the shell is marked with the name of the province or country of origin, or their abbreviation.

Eggs are also marked with the identifying code of the grading station. Eggs graded in an egg station registered with the Canadian Food Inspection Agency are marked with the grading station’s registration number assigned by the Agency in accordance with the Egg Regulations (C.R.C., c. 284). Eggs graded in another grading station are marked with the identifying code confirmed by the Minister pursuant to section 5.1.4.4.

Each graded egg is also marked with the abbreviation of the month and number that correspond to the date of the indication “best before” prescribed by paragraph 4 of section 5.4.1.

O.C. 1224-2012, s. 4.

5.1.4.2. The codes and other marks on the shell must be clearly legible and printed with indelible ink.

O.C. 1224-2012, s. 4.

5.1.4.3. The operator of a grading station that is not registered with the Canadian Food Inspection Agency must register with the Minister.

For that purpose, the operator sends a written application containing the following information:

(1)  in the case of a natural person, the person’s name, address and telephone number;

(2)  in the case of a sole proprietorship, partnership or legal person, the name, telephone number and address of its main establishment and the business number assigned to it under the Act respecting the legal publicity of enterprises (chapter P-44.1) and, in the case of a partnership, the names of the partners;

(3)  the name under which that grading station is operated and its address;

(4)  the identifying code chosen by the operator for that grading station;

(5)  the name of the director or of a person in charge of operations at that grading station.

O.C. 1224-2012, s. 4.

5.1.4.4. The Minister ascertains the distinctiveness of the identifying code chosen by the operator of the station that is not registered with the Agency and, if there is a risk of confusion, the Minister assigns an identifying code to that station.

In all cases, the Minister confirms in writing to the operator the single code allowed to identify the grading station.

O.C. 1224-2012, s. 4.

5.1.5. Inedible eggs and all other garbage in a grading station or in the producer’s establishment must be placed in a watertight container having a cover on which “inedible” is clearly legible in indelible ink.

The contents of the container must be destroyed or coloured by a colouring agent so that colour of the eggs is visibly and permanently altered.

The container must be kept outside the room where graded eggs are stored.

O.C. 591-90, s. 1; O.C. 1224-2012, s. 5.

5.1.6. Henhouses, cages, conveyors, hatchery floors and equipment used by the producer for collecting eggs must be clean.

The producer must store the eggs immediately after collecting them, except where he grades daily all the eggs laid that day and uses a mechanical process for collection.

O.C. 591-90, s. 1.

5.1.7. A vehicle used to transport eggs must be:

(1)  clean, watertight and free of insects and rodents;

(2)  completely closed and opened during unloading, loading or transshipping;

(3)  designed and equipped so that the temperature of the eggs is kept between 0ºC and 13ºC.

O.C. 591-90, s. 1.

PART I

(Replaced)

R.R.Q., 1981, c. P-29, r. 1, Part I; O.C. 591-90, s. 1.

DIVISION 5.2

CONSTRUCTION, LAYOUT AND OPERATIONS OF A GRADING STATION

R.R.Q., 1981, c. P-29, r. 1, Div. 5.2; O.C. 591-90, s. 1.

5.2.1. A grading station must contain:

(1)  a room for receiving eggs and storing them in separate lots before grading, equipped with an accurate thermometer in good working order and graduated from at least 0ºC to 30ºC;

(2)  a room for grading and packing of eggs, and for marking their containers, equipped with apparatus for washing, candling, grading and marking, and with an accurate thermometer in good working order and graduated from at least 0ºC to 30ºC;

(3)  a room for storing graded eggs, equipped with an accurate thermometer in good working order and graduated from at least 0ºC to 30ºC, and a hygrometer in good working order and graduated from at least 25% to 100% relative humidity;

(4)  washrooms for the employees;

(5)  a room or a closed compartment for storing cleaning materials and containers of detergents and disinfectants;

(6)  a room or a closed compartment for storing packing materials;

(7)  a room or a closed compartment for storing garbage.

The place used for retail sale of eggs must be located outside the rooms mentioned in the first paragraph.

R.R.Q., 1981, c. P-29, r. 1, s. 5.2.1; O.C. 591-90, s. 1.

5.2.2. The rooms of the grading station must meet the following requirements:

(1)  the floors, walls and ceilings must be:

(a)  covered with a hard material;

(b)  smooth, washable and waterproof;

(c)  free of indentations, holes and cracks;

(2)  windows opening onto the outside must have screens kept in good condition;

(3)  the doors must fit, not open directly onto the henhouse, and must be kept closed between uses.

R.R.Q., 1981, c. P-29, r. 1, s. 5.2.2; O.C. 591-90, s. 1.

5.2.3. The lighting system in the rooms of the grading station mentioned in subparagraphs 1 to 3 of the first paragraph of section 5.2.1 must be equipped with protective devices in order to prevent contamination of the eggs when elements of the system break down.

R.R.Q., 1981, c. P-29, r. 1, s. 5.2.3; O.C. 591-90, s. 1.

5.2.4. The grading station must be equipped with a system of hot and cold running drinking water under pressure arranged so that the rooms and equipment can be cleaned.

R.R.Q., 1981, c. P-29, r. 1, s. 5.2.4; O.C. 591-90, s. 1.

5.2.5. Eggs must be washed in drinking water.

The temperature of the water in which the eggs are washed must be at least 11ºC higher than the temperature of the eggs.

R.R.Q., 1981, c. P-29, r. 1, s. 5.2.5; O.C. 591-90, s. 1.

5.2.6. The washrooms of the grading station must be provided with hot and cold running drinking water under pressure and devices for washing the hands and drying them by means of dryers or individual paper towels that must be discarded after use.

O.C. 591-90, s. 1; O.C. 1224-2012, s. 6.

5.2.7. The surfaces of materials and equipment that come into contact with eggs must be:

(1)  of non-corrodible materials;

(2)  smooth and free from cavities or detachable particles;

(3)  non-toxic and resistant to cleaning and disinfecting operations;

(4)  unchangeable by eggs and made so as not to spoil eggs;

(5)  free of constituents or residues that are agents of contamination of eggs.

O.C. 591-90, s. 1.

5.2.8. Boxes, cases and honeycomb cartons must be clean and free of any mark or grading label applied before they were received.

O.C. 591-90, s. 1.

5.2.9. The eggs of a producer must be received and graded separately from those of another producer.

Eggs must be graded within 72 hours of receipt.

O.C. 591-90, s. 1.

5.2.10. (Revoked).

O.C. 591-90, s. 1; O.C. 1224-2012, s. 7.

5.2.11. (Revoked).

O.C. 591-90, s. 1; O.C. 741-2008, s. 14.

5.2.12. The staff, premises, materials and equipment of a grading station must be clean.

O.C. 591-90, s. 1.

5.2.13. The staff of a grading station assigned to the grading or packing of eggs or marking their containers must:

(1)  wear clean work clothes;

(2)  wear a clean hat or a clean hairnet completely covering the hair.

The work clothes must be used exclusively for the work of the station.

O.C. 591-90, s. 1.

DIVISION 5.3

(Replaced)

R.R.Q., 1981, c. P-29, r. 1, Div. 5.3; O.C. 591-90, s. 1.

5.3.1. In the producer’s establishment, eggs must be stored in rooms reserved exclusively for their storage and kept at a temperature not exceeding 13ºC and at a relative humidity between 70% and 85%.

R.R.Q., 1981, c. P-29, r. 1, s. 5.3.1; O.C. 591-90, s. 1.

5.3.2. In the grading station:

(1)  the room for receipt and storage of eggs for grading and the room for storage of graded eggs must be kept at a temperature not exceeding 13ºC and at a relative humidity between 70% and 85%;

(2)  the room for grading and packing of eggs and for marking their containers must be kept at a temperature not exceeding 18ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 5.3.2; O.C. 591-90, s. 1.

5.3.3. In a retailer’s establishment, the temperature of eggs on display must not exceed 13ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 5.3.3; O.C. 591-90, s. 1.

5.3.4. In a place where eggs are stored other than those mentioned in sections 5.3.1 to 5.3.3, the temperature must not exceed 13ºC and the relative humidity must be between 70% and 85%.

R.R.Q., 1981, c. P-29, r. 1, s. 5.3.4; O.C. 591-90, s. 1.

5.3.5. Eggs must be packed in boxes, cases or cartons.

The containers in which the eggs are packed must be clean, dry and made of material to protect the eggs from being crushed.

R.R.Q., 1981, c. P-29, r. 1, s. 5.3.5; O.C. 591-90, s. 1.

5.3.6. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 5.3.6; O.C. 591-90, s. 1; O.C. 1224-2012, s. 8.

5.3.7. In containers, the packing material used to separate eggs must be clean, dry, in one piece and designed and made to protect the eggs from being crushed.

O.C. 591-90, s. 1.

5.3.8. Honeycomb cartons in which graded eggs are placed must be new or in mint condition, clean, dry and must not have been used to contain ungraded eggs.

O.C. 591-90, s. 1.

5.3.9. The cartons in which graded eggs are packed must be new.

O.C. 591-90, s. 1.

DIVISION 5.3.A

(Replaced)

R.R.Q., 1981, c. P-29, r. 1, Div. 5.3.A; O.C. 591-90, s. 1.

TABLE 5.3.A

(Replaced)

R.R.Q., 1981, c. P-29, r. 1, Tab. 5.3.A; O.C. 591-90, s. 1.

5.3.A.1. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 5.3.A.1; O.C. 591-90, s. 1.

5.3.A.2. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 5.3.A.2; O.C. 591-90, s. 1.

5.3.A.3. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 5.3.A.3; O.C. 591-90, s. 1.

5.3.A.4. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 5.3.A.4; O.C. 591-90, s. 1.

5.3.A.5. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 5.3.A.5; O.C. 591-90, s. 1.

TABLE 5.3.B

(Replaced)

R.R.Q., 1981, c. P-29, r. 1, Tab. 5.3.B; O.C. 591-90, s. 1.

5.3.B.1. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 5.3.B.1; O.C. 591-90, s. 1.

DIVISION 5.4

EGG TRACEABILITY STANDARDS

R.R.Q., 1981, c. P-29, r. 1, Div. 5.4; O.C. 591-90, s. 1; O.C. 1224-2012, s. 9.

5.4.0.1. The producer records the following information in respect of the eggs shipped:

(1)  the quantity of eggs delivered by the producer to the grading station or the quantity loaded by a carrier;

(2)  the identifying code of the producer or of the laying nests of origin and any identifying code of the lots shipped;

(3)  the egg-laying dates;

(4)  the shipping date;

(5)  if applicable, the name and address of the carrier and, in all cases, the registration number of the vehicle, trailer or semi-trailer used;

(6)  the name and address of the grading station of destination.

O.C. 1224-2012, s. 10.

5.4.0.2. The carrier records the following information:

(1)  the name and address of the producer and the identifying codes of the producer or of the laying nests of origin;

(2)  the quantity of eggs loaded and any identifying code given by the producer to the lots;

(3)  the dates of loading, transportation and unloading;

(4)  the name, address and identifying code of the grading station where the eggs are delivered;

(5)  the registration number of the vehicle, trailer or semi-trailer used.

O.C. 1224-2012, s. 10.

5.4.0.3. The operator of a grading station records the following information separately per day:

(1)  the name and address of the producer of the eggs received on a given day, the quantity received and any identifying code given by the producer to the lots of eggs received;

(2)  if applicable, the name and address of the carrier and, in all cases, the registration number of the vehicle, trailer or semi-trailer used;

(3)  the identifying code of the producer or of the received eggs’ laying nests of origin;

(4)  per producer, the quantity of eggs graded on a given day;

(5)  the identifying code given by the operator to the lots of graded eggs;

(6)  the name and address of the purchaser of the graded eggs;

(7)  the quantity of inedible eggs and, if applicable, the name and address of the purchaser.

O.C. 1224-2012, s. 10.

5.4.0.4. The information referred to in sections 5.4.0.1 to 5.4.0.3 is recorded, updated and kept so that it is readily accessible upon request in case of inspection or recall; it is kept for a period of 12 months from the date of the last entry.

O.C. 1224-2012, s. 10.

5.4.1. Every container of graded and marked eggs must bear the following inscriptions, easily legible and in indelible ink:

(1)  the word “eggs” and their quantity expressed as a number of units or dozens;

(2)  the grade;

(3)  in the case of eggs graded in grade “Canada A”, the word grade followed by the designation of the grade;

(4)  the indication “best before” followed by a date not later than 42 days after the date of grading;

(5)  in the case of eggs produced in Canada, the word “Canada”, or the name of the province of origin, or where the eggs are produced in another country, the name of the country of origin;

(6)  the name of the grading station operator, the name and address of that station, and the registration number assigned to that station pursuant to the Egg Regulations (C.R.C. c. 284) or the identifying code allowed by the Minister;

(7)  the identifying code given by the grading station operator to the lot from which the eggs in the container come.

Where the word “Québec” is used in an inscription covered by subparagraph 5 of the first paragraph, it must be reserved exclusively for eggs produced in Québec.

A box or case with transparent sides that make it possible to easily read the inscriptions on the cartons it contains meets the requirements of this section.

R.R.Q., 1981, c. P-29, r. 1, s. 5.4.1; O.C. 591-90, s. 1; O.C. 741-2008, s. 13; O.C. 1224-2012, s. 11.

5.4.2. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 5.4.2; O.C. 591-90, s. 1; O.C. 1224-2012, s. 12.

5.4.3. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 5.4.3; O.C. 591-90, s.1; O.C. 1224-2012, s. 12.

5.4.4. Cartons of ungraded eggs sold by a producer at the producer’s establishment must bear only the producer’s name and address.

O.C. 591-90, s. 1; O.C. 1224-2012, s. 13.

5.4.5. (Revoked).

O.C. 591-90, s. 1; O.C. 1224-2012, s. 14.

5.4.6. Graded and marked eggs put on sale at the retailer’s establishment in honeycomb cartons outside their box or in bulk must be presented with a sign where the information prescribed in section 5.4.1 is clearly legible in indelible ink.

If cartons are put at the disposal of consumers for the transportation of such eggs, they must be new, clean and have no inscription.

O.C. 591-90, s. 1; O.C. 1224-2012, s. 15.

5.4.7. (Revoked).

O.C. 591-90, s. 1; O.C. 1224-2012, s. 16.

5.4.8. (Revoked).

O.C. 591-90, s. 1; O.C. 1224-2012, s. 16.

5.4.9. (Revoked).

O.C. 591-90, s. 1; O.C. 1224-2012, s. 16.

DIVISION 5.5

PROVISIONS APPLYING TO EGGS LAID BY A SPECIES OTHER THAN DOMESTIC HENS

O.C. 591-90, s. 1.

5.5.1. Eggs laid by a layer of a species other than the domestic hen must:

(1)  be free from any odour not found in healthy eggs;

(2)  not be mouldy;

(3)  not be undergoing incubation and must not have been in an incubator;

(4)  not leak or display extensive, multiple or deep-seated alterations;

(5)  not originate in the slaughter of layers;

(6)  be free of any pathogenic microorganism.

O.C. 591-90, s. 1.

5.5.2. Each package of eggs covered by 5.5.1 must bear the following inscriptions in indelible letters:

(1)  the word “eggs”;

(2)  the name of the species laying the eggs;

(3)  the name and address of the producer, the wholesaler or the retailer;

(4)  the number of eggs contained in the package;

(5)  the warning “best before” followed by a date not later than 35 days after laying;

(6)  in the case of eggs produced in Canada, the word “Canada”, or the name of the province of origin, or where the eggs are produced in another country, the name of the country of origin.

Where the word “Québec” is used in the inscription mentioned in subparagraph 6 of the first paragraph, it must be reserved exclusively for eggs produced in Québec.

O.C. 591-90, s. 1.

DIVISION 5.6

GENERAL PROVISIONS RESPECTING PROCESSED EGGS

O.C. 591-90, s. 1.

5.6.1. In Divisions 5.6 to 5.8:

“candling” means examining the interior condition of an egg by rotating or causing the egg to rotate in front of or over an artificial light source illuminating the contents of the egg; (mirage)

“colouring agent” means any food additive allowed as a colouring agent in food in accordance with the standards of Division 16 of Part B of the Food and Drug Regulations (C.R.C., c. 870); (colorant)

“dirt” means any foreign matter adhering to the surface of the shell of an egg; (saleté)

“disinfectant” means any bacteria-destroying substance containing 100 to 200 parts per million of active chlorine; (désinfectant)

“domestic hen means the female of the Gallus domesticus species; (poule domestique)

“dried albumen” means the albumen of an egg in the dehydrated state; (poudre d’albumen)

“dried egg” means whole egg, egg yolk or albumen in dried form; (poudre d’oeufs)

“drinking water” means water complying with the standards of quality prescribed by the Regulation respecting the quality of drinking water (chapter Q-2, r. 40); (eau potable)

“egg” means a shell egg of the domestic hen belonging to the species Gallus Domesticus, of the domestic turkey belonging to the species Meleagris gallopavo, of the quail, the duck, or of any other domestic fowl; (oeuf)

“egg solid” means egg yolk or albumen or the entire contents of an egg without shell or water; (solide d’oeufs)

“frozen egg” means whole egg, egg yolk or albumen in frozen form; (oeuf congelé)

“liquid egg” means whole egg, whole egg mix, egg yolk, egg yolk mix or albumen in liquid or semi-liquid form; (oeuf liquide)

“lot number” means any combination of letters, figures or letters and figures making it possible to trace any determined quantity of processed eggs or any production unit during processing or distribution; (numéro de lot)

“principal surface” means the surface of a package other than its bottom where the appellation of the product is shown and any trade mark or image representing it; (principale surface)

“processed egg” means a frozen egg mixture, a liquid egg mixture, a dried whole egg mixture, frozen eggs, cooked eggs in the shell or not in the shell, liquid eggs, dried albumen or dried eggs; (oeuf transformé)

“processing” means any operations altering the condition of an egg after laying; (transformation)

“spot” means any substance other than dirt or a design on the surface of the shell of an egg; (tache)

“stabilization” means the treatment intended to remove sugar from liquid eggs so as to make them in compliance with sections B.22.034 to B.22.037 of the Food and Drug Regulations; (stabilisation)

“whole egg” means the albumen and the yolk of an egg but not the shell. (oeuf entier)

O.C. 591-90, s. 1; O.C. 647-2001, s. 52.

5.6.2. The preparation of processed eggs must be carried on exclusively in a processing station meeting the standards of Division 5.7.

O.C. 591-90, s. 1.

5.6.3. Containers of eggs received at a processing station must be clean.

O.C. 591-90, s. 1.

5.6.4. Eggs may be processed only if:

(1)  in the case of those produced by domestic hens:

(a)  they have been graded in accordance with section 5.1.2;

(b)  where they are obtained by the slaughter of domestic fowl, they are fully formed and:

i.  they have been kept at a temperature not exceeding 13ºC between collecting and processing;

ii.  they are intended for pasteurization;

(2)  in the case of those produced by domestic turkeys, quail, ducks or other domestic fowl:

(a)  they are free from any odour not found in healthy eggs;

(b)  they are not mouldy;

(c)  they are not being incubated and have not been in an incubator;

(d)  they are free of any pathogenic microorganism, unless they are intended for pasteurization;

(e)  they are free of blood spots;

(f)  they are free of dirt and of any spot, other than blood spots, whose total surface exceeds one-third of the surface of the shell;

(g)  they do not leak, and do not show extensive, multiple or deep-seated alterations;

(h)  where they are obtained by the slaughter of domestic fowl, they are fully formed and:

i.  they have been kept at a temperature not exceeding 13ºC between collecting and processing;

ii.  they are intended for pasteurization.

O.C. 591-90, s. 1.

5.6.5. A frozen egg mix must contain frozen eggs to which salt and sugar or either salt or sugar is added, but not exceeding 12% of the total weight of the product.

The appellation “frozen egg mix” is reserved exclusively for that product.

O.C. 591-90, s. 1.

5.6.6. A whole egg mix must contain a frozen whole egg mix or a liquid whole egg mix to which salt and sugar or either salt or sugar is added, but not exceeding 12% of the total weight of the product.

The appellation “whole egg mix” is reserved exclusively for that product.

O.C. 591-90, s. 1.

5.6.7. A yolk mix must contain a frozen egg yolk mix or a liquid yolk mix to which salt and sugar or either salt or sugar is added, but not exceeding 12% of the total weight of the product.

The appellation “yolk mix” is reserved exclusively for that product.

O.C. 591-90, s. 1.

5.6.8. A dried whole egg mix must contain dried whole egg to which salt and sugar or either salt or sugar is added, but not exceeding 32% of the total weight of the product.

The appellation “dried whole egg mix” is reserved exclusively for that product.

O.C. 591-90, s. 1.

5.6.9. A dried egg yolk mix must contain dried egg yolks to which salt and sugar or either salt or sugar is added, but not exceeding 22% of the total weight of the product.

The appellation “dried yolk mix” is reserved exclusively for that product.

O.C. 591-90, s. 1.

5.6.10. A liquid egg mix must contain liquid eggs to which salt and sugar or either salt or sugar is added, but not exceeding 12% of the total weight of the product.

The appellation “liquid egg mix” is reserved exclusively for that pruduct.

O.C. 591-90, s. 1.

DIVISION 5.7

CONSTRUCTION, LAYOUT AND OPERATIONS OF A PROCESSING STATION

O.C. 591-90, s. 1.

5.7.1. The surroundings of a processing station must be free of garbage.

O.C. 591-90, s. 1.

5.7.2. A processing station must contain:

(1)  a room for receiving, keeping and storing eggs before processing;

(2)  a room for washing, candling and disinfecting eggs;

(3)  a room for breaking, separating, mixing and heat treating eggs, and for packing of frozen eggs and liquid eggs;

(4)  a room for dehydrating operations and for packing processed eggs other than frozen eggs or liquid eggs;

(5)  a room for storing packed processed eggs;

(6)  washrooms for use by the staff;

(7)  a room or a closed compartment for storage of cleaning materials and containers of detergents and disinfectants;

(8)  a machine room or a separate area, containing space for the installation of heating appliances, compressors and electric distribution panels, and an area for repair and mechanical maintenance of the equipment;

(9)  a room or a closed compartment for storage of processing ingredients or packing materials;

(10)  a room or a closed compartment for storage of garbage.

O.C. 591-90, s. 1.

5.7.3. The rooms of the processing station must meet the following requirements:

(1)  the floors, walls and ceilings must be:

(a)  covered with a hard material;

(b)  smooth, washable and non-porous;

(c)  free of indentations, holes and cracks;

(d)  not peeling;

(2)  the doors must fit and must be made of smooth, waterproof material, and must be kept closed between uses;

(3)  windows opening onto the outside must be provided with screens maintained in good condition.

O.C. 591-90, s. 1.

5.7.4. The lighting system in the rooms mentioned in paragraphs 1 to 5 of section 5.7.2 must be equipped with protective devices so as to prevent contamination of the eggs or processed eggs in case of a break in the elements of the system.

The lighting system must provide a light intensity of not less than 55 decalux at 1.20 m above the floor.

O.C. 591-90, s. 1.

5.7.5. The mechanical ventilation system of the processing station must operate so as to remove mists, steam and odours, and to provide a constantly renewed oxygen supply.

O.C. 591-90, s. 1.

5.7.6. A processing station must be equipped with a system of hot and cold running drinking water under pressure, pipes and sprinklers installed and laid out so as to enable the rooms and equipment to be cleaned.

The temperature of the hot water used for cleaning the rooms and equipment must be not less than 60ºC.

O.C. 591-90, s. 1.

5.7.7. A processing station must be equipped with a drainage system for rainwater and waste water. The system must be designed according to the separative method, and must include a manhole, a flushing system, siphon trap pumps, protective grating and a solid matter interceptor.

O.C. 591-90, s. 1.

5.7.8. The washrooms of a processing station must be provided with hot and cold running drinking water under pressure and devices for cleaning the hands and drying them by means of dryers or individual paper towels, which must be discarded after use.

The washrooms must include a rest room, cloakrooms and toilets whose installations are in accordance with the standards prescribed by section 67 of the Regulation respecting the quality of the work environment (chapter S-2.1, r. 11).

Those rooms may not lead directly to the rooms where processed eggs are handled.

O.C. 591-90, s. 1.

5.7.9. The work rooms for processed eggs mentioned in paragraphs 3 and 4 of section 5.7.2 must be equipped with:

(1)  washbasins with hot and cold running drinking water under pressure and liquid soap distributors;

(2)  devices for drying the hands or individual paper towels;

(3)  devices containing disinfectant located so as to make it possible to disinfect the hands immediately after washing.

The individual towels must be discarded after use.

O.C. 591-90, s. 1.

5.7.10. The materials and equipment used for processing and packing processed eggs must be:

(1)  made of non-corrodible materials;

(2)  smooth and free from detachable particles;

(3)  unaffected by eggs and processed eggs and made so as not to alter such products.

O.C. 591-90, s. 1.

5.7.11. The staff, the premises, the materials and the equipment of a processing station must be clean.

O.C. 591-90, s. 1.

5.7.12. The staff of a processing station assigned to egg processing and to preparation of processed eggs must:

(1)  wear white or light-coloured work clothing making it possible to observe any soiling, and without pockets above the waist;

(2)  wear a hat or a clean hairnet entirely covering the hair;

(3)  wear a clean mask entirely covering the beard or the fringe.

Such clothing must be used exclusively for work in the station.

O.C. 591-90, s. 1.

5.7.13. Watches, rings, earrings or other jewellery may not be worn in the rooms of a processing station mentioned in paragraphs 2 to 4 of section 5.7.2.

O.C. 591-90, s. 1.

5.7.14. The use of tobacco and the consumption of food are prohibited in the rooms mentioned in paragraphs 1 to 5 and 7 of section 5.7.2.

O.C. 591-90, s. 1.

5.7.15. A processing station must be free of animals, including insects.

O.C. 591-90, s. 1.

5.7.16. The materials and equipment used in processing and packing processed eggs must be cleaned at the end of the day’s operations and treated with a disinfectant at the beginning of the day’s operations.

The materials and equipment coming into contact during processing with inedible eggs or processed eggs must be washed and treated with disinfectant before being used in the processing or packing of eggs or processed eggs.

O.C. 591-90, s. 1.

5.7.17. Reusable packaging must be washed, rinsed, drained and treated with disinfectant before processed eggs are put into it.

Such containers must not be piled or placed in direct contact with the floor.

O.C. 591-90, s. 1.

5.7.18. Any person handling processed eggs must, whenever he enters the room used for washing, candling and disinfecting eggs and immediately after handling egg residues, wash his hands and rinse them in a non-irritating liquid solution of disinfectant.

O.C. 591-90, s. 1.

5.7.19. Ungraded eggs must be washed in drinking water.

The eggs must be washed in the room for washing, candling and disinfecting.

The washing water must be:

(1)  kept at a temperature exceeding the temperature of the eggs by at least 11ºC;

(2)  renewed at least every 4 hours and at the end of each shift;

(3)  kept in the washing sink at a level providing a continuous overlfow.

O.C. 591-90, s. 1.

5.7.20. Eggs must, after washing and before processing, be treated with a disinfectant applied by a vaporizer.

O.C. 591-90, s. 1.

5.7.21. Processed eggs must be subjected to a pasteurization treatment including chilling and heating operations in accordance with the conditions prescribed by Schedule 5.C.

Liquid eggs that have been stabilized must be heated immediately after the treatment.

O.C. 591-90, s. 1.

5.7.22. During the processing of eggs fit for human consumption, no other food may be handled or processed.

O.C. 591-90, s. 1.

5.7.23. (Revoked).

O.C. 591-90, s. 1; O.C. 741-2008, s. 14.

5.7.24. The closed compartment where the containers of the products mentioned in section 5.7.23 are stored must be located outside the processing rooms mentioned in paragraphs 3 and 4 of section 5.7.2, and the containers must bear labels identifying the nature of the products contained in them.

Part of the products that are in constant use during processing operations may be stored in a closed compartment located inside the processing rooms, provided that such part does not exceed the quantity required for one day of operations, and the containers for those products bear inscriptions identifying them.

O.C. 591-90, s. 1.

5.7.25. Eggshells or egg residues or residues of processed eggs and any other garbage must, during processing, be kept in a watertight container equipped with a cover and bearing elsewhere than on the bottom the inscription “inedible” in indelible letters at least 2.5 cm in height.

The container must be removed as soon as it is full from the processing rooms mentioned in paragraphs 3 and 4 of section 5.7.2.

The eggshells or egg residues or residues of processed eggs may be removed regularly by a continuous technical process from the processing room.

Those residues and garbage must not be kept in the same rooms as eggs or processed eggs fit for human consumption, and from the beginning of operations of each shift, they must be coloured with a dye so that the colour of the eggs or the processed eggs is visibly and permanently altered.

O.C. 591-90, s. 1.

5.7.26. The operator of a processing station must keep registers indicating for each day:

(1)  the quantity and origin of the eggs received;

(2)  the quantity of eggs processed;

(3)  the quantity of processed eggs stored;

(4)  the quantity of processed eggs shipped.

The registers must be kept up to date at the station, made available for inspection and kept for a period of at least 12 months from the last entry made.

O.C. 591-90, s. 1.

DIVISION 5.8

QUALITY, PACKING AND MARKING OF PROCESSED EGGS

O.C. 591-90, s. 1.

5.8.1. Processed eggs must meet the following conditions:

(1)  they must be fit for human consumption;

(2)  they must be free of foreign matter, and of flavours or odours altering the organoleptic character of the processed eggs;

(3)  they must be free of any pathogenic microorganism;

(4)  in the case of frozen eggs, liquid eggs or dried eggs, they must be free of eggshells;

(5)  in the case of dried albumen, the total count of viable mesophile aerobic bacteria must not exceed 50,000 per gram, and in the case of other processed eggs, the count must not exceed 500,000 per gram;

(6)  the coliform count must not exceed 100 per gram;

(7)  in dried eggs, the count of yeast and mould must not exceed 100 colonies per gram.

O.C. 591-90, s. 1.

5.8.2. Dried whole egg mix or dried eggs must be prepared solely from frozen or liquid eggs.

O.C. 591-90, s. 1.

5.8.3. A package of processed eggs must contain solely processed eggs of the same kind.

O.C. 591-90, s. 1.

5.8.4. Each package of processed eggs must bear the following inscriptions in indelible letters in accordance with the dimensions prescribed by Schedule 5.D:

(1)  the designation of the nature of the processed eggs;

(2)  the name and address of the manufacturer, the packer or the person for whom the processed eggs were packed;

(3)  the lot number;

(4)  the list of ingredients in descending order;

(5)  the net quantity;

(6)  the method of conservation;

(7)  in the case of liquid eggs, frozen eggs or dried eggs, depending upon the species laying the eggs processed, the description “Products of hen’s eggs”, “Products of turkey’s eggs”, “Products of hen’s and turkey’s eggs”, “Products of quail’s eggs”, “Products of duck’s eggs” or “Products of eggs”, inserting the name of any other domestic fowl;

(8)  in the case of processed eggs other than those mentioned in paragraph 7, the name of the species laying the eggs;

(9)  in the case of processed eggs prepared in Canada, the word “Canada”, or the name of the province of origin, or in the case of processed eggs prepared in another country, the name of the country of origin.

Where the word “Québec” is used in an inscription covered by subparagraph 9 of the first paragraph, it must be reserved exclusively for eggs processed in Québec.

O.C. 591-90, s. 1.

5.8.5. In any place where they are kept for sale or storage, fresh liquid eggs must be maintained at a temperature not exceeding 4ºC, and frozen liquid eggs must be maintained at a temperature not exceeding -18ºC.

O.C. 591-90, s. 1.

CHAPTER 6

MEAT FIT FOR HUMAN CONSUMPTION

DIVISION 6.1

DEFINITIONS

6.1.1. In this Chapter, unless the context indicates otherwise,

(a)  “canned meat” means meat or meat products conditioned to destroy all micro-organisms capable of producing toxins;

(b)  “delicatessen” means the operations of preparation, conditioning and processing of meat or meat products intended for human consumption, with the exception of the manufacture of canned meat;

(c)  “meat cannery” means a plant for the exclusive preparation, for wholesale purposes, of canned meat intended for human consumption.

R.R.Q., 1981, c. P-29, r. 1, s. 6.1.1.

DIVISION 6.2

GENERAL PROVISIONS

6.2.1. Slaughtering: The slaughtering of an animal must be done only in a slaughterhouse in conformity with this Regulation if the meat of the said animal is intended for sale for human consumption or to serve as food for a person other than the person who is slaughtering.

However, Division 6.3 applies only to a slaughterhouse whose operator is required to hold a permit pursuant to subparagraph a of the first paragraph of section 9 of the Act or who is mentioned in the second paragraph of that section.

However, the slaughterhouse of the operator mentioned in the third paragraph of section 9 of the Act must, at least, have the following rooms:

(a)  a slaughter room;

(b)  a cold room.

The first paragraph does not apply in the following cases:

(a)  in the case of an animal referred to in section 1 of the Act respecting the conservation and development of wildlife (chapter C-61.1) that is confiscated or disposed of in accordance with that Act, provided the meat, subject to sections 6.5.2.24 to 6.5.2.30, is given to a philanthropic institution or organization that serves it free of charge and exclusively to its beneficiaries;

(b)  in the case of caribou (Rangifer tarandus) hunted for commercial purposes under Chapter VII.1 of the Act respecting hunting and fishing rights in the James Bay and New Québec territories (chapter D-13.1).

R.R.Q., 1981, c. P-29, r. 1, s. 6.2.1; O.C. 314-95, s. 2.

6.2.1.1. A caribou referred to in subparagraph b of the fourth paragraph of section 6.2.1 is exempted from the ante mortem inspection upon the following conditions:

(a)  it must be bled at the hunting site;

(b)  it must be eviscerated at that site or in a delicatessen plant in compliance with section 6.3.3.2.1.

O.C. 314-95, s. 3.

6.2.2. Delicatessen plant: The preparation, processing or any other conditioning for purposes of sale or of furnishing services for remuneration, of meat or meat products intended for human consumption must be carried out in a delicatessen plant in accordance with this Regulation.

R.R.Q., 1981, c. P-29, r. 1, s. 6.2.2; O.C. 1055-82, s. 8.

6.2.3. Meat cannery: The preparation or any other conditioning for purposes of wholesale sale, or for furnishing of services for remuneration, of canned meat intended for human consumption must be carried out solely in a meat cannery in accordance with this Regulation.

R.R.Q., 1981, c. P-29, r. 1, s. 6.2.3; O.C. 1055-82, a. 8.

6.2.4. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.2.4; O.C. 1187-2011, s. 7.

DIVISION 6.3

CONSTRUCTION AND EQUIPMENT OF SLAUGHTERHOUSES, MEAT CANNERIES AND WHOLESALE DELICATESSEN PLANTS

§ 6.3.1.  — Construction and equipment standards for slaughterhouses for cattle, horses, pigs, sheep, goats and cervidae

R.R.Q., 1981, c. P-29, r. 1, sd. 6.3.1; O.C. 238-99, s. 2.

6.3.1.1. Size of the site: The site occupied by a slaughterhouse for cattle, horses, pigs, sheep, goats and cervidae must permit:

(a)  access and the receiving of animals, removal of waste and inedible products, and shipment of meat and offal;

(b)  separate routing of edible and inedible products outside the buildings.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.1.1; O.C. 238-99, s. 3.

6.3.1.2. Slaughterhouse — rooms: A slaughterhouse for cattle, horses, pigs, sheep, goats and cervidae must include, on the same piece of land, the following premises and rooms:

(a)  a receiving hall or pen for the animals;

(b)  a slaughtering room including an area for rendering the animals unconscious and bleeding them, and an area for the dressing and eviscerating of the carcasses;

(c)  cold storage rooms including a refrigerated cooling room and a preserving room; the refrigerated cooling room and the preserving room may be the same room provided the cooling and preserving operations take place in it consecutively and not simultaneously;

(d)  a waste room, cooled to a temperature not exceeding 7ºC and comprising an area for animal waste including meat or offal discarded or confiscated and an area for the pre-stocking or preserving of skins. The said waste rooms must have a door giving to the exterior of the slaughterhouse;

(e)  a room or compartment under lock and key for storing packaging materials and labels bearing the stamp;

(f)  a room or compartment for storing packaging materials not bearing the stamp;

(g)  sanitary rooms including a restroom with a drinking fountain, wash basins, clothes lockers and lavatories at the disposal of the personnel employed by the operator;

(h)  a shipping room with a sanitary reinspection post for loading and unloading;

(i)  an installation for the purification of waste water in conformity with the regulations in force and, where applicable, a trap for organic fat, installed in an inedible products room or outside the slaughterhouse;

(j)  a machinery room separate from the other rooms and including an area for the installation of heating apparatus, compressors and electricity panelboards, and an area for the repairing and mechanical maintenance of the equipment;

(k)  a compartment for storing cleaning, washing and sanitizing materials;

(l)  a room with a floor area of at least 8 m2 and having, in addition, an adjoining lavatory, exclusively reserved for the inspector; if more than one inspector is employed, this area must be increased by 4 m2 for each additional inspector. This room must open directly on rooms other than work rooms.

The waste room provided for in subparagraph d of the first paragraph may be unrefrigerated provided the waste is removed from it daily and that the skins are not kept therein.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.1.2; O.C. 238-99, s. 4.

6.3.1.3. Edible and inedible sectors: The layout of the rooms and of the various buildings of the slaughterhouse must be such that the edible and inedible sectors are separate and that, from the time a live animal is brought into the slaughterhouse until the meat and offal ascertained fit for human consumption are shipped out, there is a continuous progression without any possibility of backtracking or of crossing over or overlapping between live animals and meat, meat by-products and waste.

Arrangements must also be made to control the entry into or exit from the slaughterhouse.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.1.3.

6.3.1.4. Area of the pen: The receiving room or pen for animals must allow for:

(a)  the stay of the number of animals to be slaughtered during the half-day of work corresponding to one-half of the daily program;

(b)  a rest for the animals and a no-food period prior to slaughtering.

All animals entering the receiving room or pen must be brought to the slaughter room and only the animals to be slaughtered must be kept there.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.1.4.

6.3.1.5. Installation of the animal pen: Such rooms must be separate and isolated from the slaughtering room but adjoining it or communicating with it by a covered corridor, and must include:

(a)  a concrete floor with enough slope to allow running water to drain off into a drainage hole;

(b)  walls, a ceiling and partitions;

(c)  ventilation in order to exhaust odours from the room and to prevent them from reaching the slaughter room;

(d)  stalls equipped with drinking facilities and feeding troughs;

(e)  a special stall for animals suspected of disease;

(f)  ramps and partitions installed so as to prevent falls and injuries to the animals.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.1.5.

6.3.1.6. Lay-out of the slaughterhouse: The slaughterhouse must satisfy the following requirements:

(a)  the slaughtering room in which the rendering unconscious, bleeding, skinning, evisceration, dressing and inspection operations are carried out must permit the installation of equipment suited to the slaughtering program;

(b)  the area for rendering unconscious and bleeding must be separate from that of dressing and evisceration;

(c)  there must be a drainage pipe at least 10 cm in diameter having an opening of at least 9 dm2, covered by a grating, for the drainage of washing water;

(d)  the suspension equipment for any animal must be such that there is a clearance of 45 cm between the floor and the head of the animal’s carcass;

(e)  the slaughterhouse must be equipped for rendering the animal unconscious before it is bled;

(f)  for hogs, the area reserved for scalding, bristle removal and singeing operations must also be separate from that reserved for the dressing and evisceration;

(g)  the slaughtering room equipped with rails or chains for working on suspended carcasses may be commonly used for different kinds of animals; however, if the skinning of bovines is not done on a rail or chain, it can be done on a skinning bed of non-corrosive material at a height of at least 20 cm from the floor;

(h)  facilities must be provided to permit the simultaneous carrying out of health inspection operations of the carcass and the related viscera; for this purpose, the table or trolley used for the inspection of viscera must be situated at the level of the suspended animal’s thoracic rib cage;

(i)  the preserving room must have a seizure area for keeping seized carcasses or meat. This area must be fenced off from the rest of the room by a wire lattice having a door with a lock.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.1.6.

6.3.1.7. Compulsory equipment: Every slaughtering must include the following equipment:

(a)  a metal hoist;

(b)  a metal restraining cage for holding cattle and horses;

(c)  gambrels;

(d)  a pressurized washing booth for bovine and horses’ heads;

(e)  a boning table and a support for the inspection of bovine and horses’ heads;

(f)  a table or trolley for the inspection of pig, calf and sheep viscera;

(g)  a table or trolley for the inspection of bovine and horses’ viscera;

(h)  pressurized washing appliances for carcasses;

(i)  weighing scales on a rail;

(j)  in the bleeding and evisceration areas, 2 pedal-operated sinks, 2 sterilizers for knives and 1 sterilizer for saws or 1 pressurized hot water appliance to wash saws;

(k)  an electric appliance for stamping offal;

(l)  barrels made of material resistant to handling and corrosion;

(m)  in the case of hog slaughtering, a scalding tank, a bristle remover, a shackling table and a singeing device.

The equipment mentioned in subparagraphs c, e, f, g and j of the first paragraph must be of stainless steel or galvanized metal.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.1.7.

6.3.1.8. Cold storage facilities: Cold storage facilities must include:

(a)  in the case of the initial cooling room, equipment designed to lower in less than 24 hours the internal temperature of meat and offal to 7ºC or below in the case of carcasses and to 4ºC or below in the case of offal, but in neither case to below 0ºC;

(b)  in the case of the preserving room, adequate equipment for the cold storage of meat and offal at a temperature of between 0ºC and 4ºC;

(c)  in cases where the same room is used for initial cooling and for preserving in conformity with subparagraph c of the first paragraph of section 6.3.1.2, adequate equipment to keep the temperature between 0ºC and 4ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.1.8; O.C. 725-94, s. 20.

6.3.1.9. Overhead conveyor system: All rooms in which carcasses are prepared, circulate or stay must be equipped with an overhead conveyor system.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.1.9.

6.3.1.10. Slaughtering and preparation of meat in the same establishment: If the operator of a slaughterhouse also operates a delicatessen plant in the same building to prepare, for wholesale purposes, meat or meat products intended for human consumption, his establishment must, in addition to the rooms prescribed under section 6.3.1.2, include:

(a)  subject to paragraph a of section 6.3.3.13, the rooms prescribed in subparagraphs a, b, c, d, e, f, g and h of the first paragraph of section 6.3.3.2 for the operations authorized by the “general delicatessen” permit provided for in section 1.3.3.2; or

(b)  the room prescribed in paragraph b of section 6.3.3.3 for the operations authorized by the “meat cutting and mincing” permit provided for in section 1.3.3.4.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.1.10.

6.3.1.11. Prohibition of direct communication between certain premises and rooms and the use of the stamper: The provisions of section 6.7.1.2 concerning prohibited direct communication and those of Subdivision 6.5.2 concerning the supervision of operations and the use of the stamper apply to the operator mentioned in section 6.3.1.10 who is also an authorized operator for the purposes of operating a wholesale delicatessen plant.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.1.11.

§ 6.3.2.  — Construction and equipment standards for poultry and rabbit slaughterhouses

6.3.2.1. Size of the site: The site occupied by a poultry or rabbit slaughterhouse must satisfy the requirements of section 6.3.1.1.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.1.

6.3.2.2. Area. Edible and inedible sectors: A poultry slaughterhouse must include rooms and premises each having sufficient floor space for the activities of the slaughterhouse and for health inspection.

Such rooms or premises must be arranged so that a continuous progression of the poultry is ensured, before, during and after slaughtering, without any backtracking and without any overlapping or crossing over of the flow lines reserved respectively for live poultry, edible products and inedible products, so that the establishment includes an edible products sector separate from the inedible products sector.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.2.

6.3.2.3. Separate conveyors: The facilities of a poultry slaughterhouse must include at least 2 variable speed conveyors separate from each other on which the following operations must be carried out respectively: a conveyor for rendering unconscious, bleeding and plucking, a second conveyor for evisceration.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.3.

6.3.2.4. Slaughterhouse — rooms: A poultry or rabbit slaughterhouse must include:

(a)  a holding room adjoining the slaughtering room;

(b)  rooms for the cleaning, washing and disinfecting of empty crates and of vehicles, installed in the inedible products sector;

(c)  a slaughtering room for poultry plucking or rabbit skinning separated from the holding room by a complete partition in which there may be, however, in addition to the openings necessary for the passage of the conveyor, a door equipped with an automatic closing device;

(d)  rooms for evisceration and conditioning, adjoining the room contemplated in subparagraph c; there must be no openings between them, with the exception of those necessary for the passage of the conveyor and carcasses and of a door equipped with an automatic closing device;

(e)  a refrigerated room at a temperature of between 0ºC and 4ºC;

(f)  a freezing room at a maximum temperature of minus 18ºC for frozen products;

(g)  a refrigerated storage room for waste at a temperature of 7ºC or lower, with an area for animal waste including discarded or confiscated meat or offal, and an area for the pre-stocking or preserving of rabbit skins; this room must be provided with a door giving to the exterior of the slaughterhouse;

(h)  a room for cutting up and packaging, if the operations so require;

(i)  a shipping room for loading and unloading;

(j)  a room or compartment under lock and key for storing packaging materials and labels bearing the stamp;

(k)  a storage room or compartment for packaging materials not bearing the stamp;

(l)  sanitary rooms comprising a restroom with a drinking fountain, wash basins, clothes lockers and lavatories at the disposal of the personnel employed by the operator;

(m)  an installation for the purification of waste water in conformity with the regulations in force and, where applicable, a trap for organic fat installed in an inedible products room or outside the slaughterhouse;

(n)  a machinery room separated from the other rooms and including an area for the installation of heating apparatus, compressors and electricity panelboards, and an area for the repairing and mechanical maintenance of the equipment;

(o)  a compartment for storing cleaning, washing and sanitizing materials;

(p)  a room with a floor area of at least 8 m2 and having, in addition, an adjoining lavatory, exclusively reserved for the inspector; if more than one inspector is employed, this area must be increased by 4 m2 for each additional inspector. This room must open directly on rooms other than work rooms.

The waste room provided for in subparagraph g of the first paragraph may be unrefrigerated provided the waste is removed from it daily and that rabbit skins are not kept therein.

The slaughterhouse must also have a drain pipe at least 10 cm in diameter equipped with a grid opening of at least 9 dm2 for the disposal of washing water.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.4; O.C. 725-94, s. 21.

6.3.2.5. Holding room: The holding room must be able to accommodate the storage of poultry cages necessary to the supplying of the conveyors during at least 2 hours. It must be large enough to avoid crowding in view of the health examination of poultry before slaughtering.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.5.

6.3.2.6. Slaughtering and plucking room: The slaughtering and plucking room must be equipped with mechanical devices for plucking and singeing poultry.

A bleeding hall or tunnel must be set up and must prevent any dispersion or projection of blood in the slaughtering room.

It must be equipped with a mechanical ventilator designed for the evacuation of fumes or steam.

The room must also be equipped with a pedal-operated sink, a sterilizer for knives and a soap dispenser and paper dispenser.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.6.

6.3.2.7. Eviscerating and conditioning room: The area of the eviscerating and conditioning room must be large enough to permit the carrying out of the following operations:

(a)  evisceration;

(b)  trussing or preparation for cooking;

(c)  individual conditioning of carcasses and offal, including cooling to a temperature of 4ºC or below.

These operations must be carried out in areas separate from one another in order to allow the work and inspection to be done under sanitary conditions.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.7.

6.3.2.8. Equipment of the eviscerating room: The eviscerating and conditioning room must include:

(a)  a conveyor independent of the slaughtering conveyor;

(b)  an eviscerating trough made either of concrete and recessed into the floor, or made of stainless steel and attached to the floor, that is equipped with jets of water to ensure flow and prevent overflow;

(c)  an inspection post including:

i.  a metal table 2 m long;

ii.  10 hooks for hanging seized meat;

iii.  a garbage pail for discarded or confiscated meat;

iv.  a bench for the inspector;

v.  a pedal-operated sink with a sterilizer for knives;

vi.  the controlling device of the evisceration conveyor;

(d)  apparatus for washing poultry carcasses;

(e)  a vacuum appliance for removing the kidneys, lungs, testicles, and inedible tissues;

(f)  an appliance for singeing the hairs of the poultry.

Subparagraphs a, e and f of the first paragraph do not apply if the room is used only for the evisceration and conditioning of rabbits.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.8; O.C. 725-94, s. 22.

6.3.2.9. Packing and shipping room: If a vacuum packing device is used in the packing and shipping room, the room must be equipped with a mechanical ventilator to evacuate fumes or steam.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.9.

6.3.2.10. Rabbit slaughterhouses: Unless otherwise indicated, the rules relating to the installation and equipment of poultry slaughtering plants also apply to rabbit slaughtering plants.

However, conveyors may be replaced by overhead rails on which the rendering unconscious, bleeding, skinning and eviscerating operations will be performed.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.10.

§ 6.3.2.A.  — Construction and equipment standards for pheasant, guinea fowl, partridge and quail slaughterhouses

6.3.2.A.1. Slaughterhouse — rooms: A pheasant, guinea fowl, partridge or quail slaughterhouse must include on the same lot the following premises and rooms:

(a)  a slaughtering room including separate areas for receiving, slaughtering and plucking, and for evisceration;

(b)  a refrigerated room with a temperature of between 0ºC and 4ºC and, where applicable, a freezing room with a maximum temperature of minus 18ºC for keeping frozen products;

(c)  a room for the preparation of orders and their shipping;

(d)  a refrigerated room or compartment for wastes with a maximum temperature of 7ºC for keeping animal wastes;

(e)  a room or compartment for storing packagings; and

(f)  a compartment for storing cleaning, washing and sanitation equipment.

The room or compartment for wastes prescribed in subparagraph d of the first paragraph does not have to be refrigerated as long as the waste is emptied every day.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.A.1; O.C. 725-94, s. 23.

6.3.2.A.2. Floors, walls and ceilings: Floors must be free from cracks and made of shock-resistant, impervious and washable material. Walls and ceilings must be covered with a washable material.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.A.2.

6.3.2.A.3. Lighting: Artificial lighting must be of a minimum of 50 decalux in work rooms and more than 20 decalux in other rooms.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.A.3.

6.3.2.A.4. Water supply: The slaughterhouse must be equipped with a pressurized drinking water supply.

Hot and cold water stations must be installed to wash and clean, under pressure, dressed carcasses as well as rooms and equipment.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.A.4.

6.3.2.A.5. Hot water temperature: Hot water used for cleaning rooms and equipment must be at a minimum temperature of 82ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.A.5.

6.3.2.A.6. Game fowl: The plucking and eviscerating of pheasants, guinea fowl, partridges or quail killed while hunting may be done in a pheasant, guinea fowl, partridge or quail slaughterhouse.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.2.A.6.

§ 6.3.3.  — Construction and equipment standards for wholesale delicatessen plants

6.3.3.1. Area: A wholesale delicatessen plant must include rooms and premises each having a floor space in keeping with the plant’s operations in order to permit the carrying out of the work and inspection.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.3.1.

6.3.3.2. General delicatessen plant — rooms: A wholesale delicatessen plant must include:

(a)  a receiving, packing and shipping room and a marquee or covered loading or unloading dock;

(b)  a room for cutting up and boning;

(c)  a room for mincing and preparing meat;

(d)  a room for cooking with separate areas for preparation, conditioning and packing of the cooked products;

(e)  a room for brined or pickled products, if the operations so require for the conditioning of the product;

(f)  a room for smoke-curing if the operations so require for the conditioning of the product, unless the smoke curer is installed in a separate area inside a cooking room;

(g)  a refrigerated room at a temperature of between 0ºC and 4ºC and, where applicable, a freezing room at a temperature of minus 18ºC or lower for preserving frozen products;

(h)  a room or compartment for the storage of spices, ingredients and other additives or preservatives;

(i)  a refrigerated room or compartment at a maximum temperature of 7ºC for preserving the bones or waste from edible meat or meat products not intended for human consumption;

(j)  a room or compartment under lock and key for storing packaging materials and labels bearing the stamp;

(k)  a room or compartment for storing packaging materials not bearing the stamp;

(l)  sanitary rooms including a restroom with a drinking fountain, wash basins, clothes lockers and lavatories at the disposal of the personnel employed by the operator;

(m)  an installation for the purification of waste water in conformity with the regulations in force and, where applicable, a trap for organic fat installed in an inedible products room or outside the plant;

(n)  a machinery room separate from the other rooms and including an area for the installation of heating apparatus, compressors and electricity panelboards, and an area for the repairing and mechanical maintenance of the equipment;

(o)  a compartment for storing cleaning, washing and sanitizing materials;

(p)  a room with a floor surface of at least 8 m2 and having, in addition, an adjoining lavatory, reserved exclusively for the inspector; if more than one inspector is employed, this area must be increased by 4 m2 for each additional inspector. This room must open directly on rooms other than work rooms.

A single room may be used for the operations contemplated in subparagraphs b and c of the first paragraph provided the said operations are carried out in separate areas.

The room or compartment provided for in subparagraph i of the first paragraph does not have to be refrigerated, provided the waste is removed from it daily and skins are not kept there.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.3.2; O.C. 725-94, s. 24; O.C. 314-95, s. 4.

6.3.3.2.1. In addition to the rooms and compartments provided for in section 6.3.3.2, a wholesale delicatessen plant where a caribou referred to in section 6.2.1.1 is processed must include:

(a)  a refrigerated room at a temperature of between 0ºC and 4ºC for preserving the animal until it is dressed;

(b)  a room for dressing, including an area for the skinning and eviscerating and an area for the post mortem inspection of the animal.

In the case of a delicatessen plant referred to in the first paragraph, the refrigerated room or compartment provided for in subparagraph i of the first paragraph of section 6.3.3.2 must include separate areas for the preserving of skins and for the preserving of meat, offal, meat products or other waste eliminated or confiscated.

That room must be provided with a door opening to the exterior of the delicatessen plant.

O.C. 314-95, s. 5.

6.3.3.3. Meat cutting and mincing: A delicatessen plant for the exclusive preparation, for wholesale purposes, of meat in its natural state and of minced meat must include:

(a)  a receiving, packaging and shipping room with a marquee or covered loading and unloading dock;

(b)  a room for the cutting up, mincing and preparation of meat in its natural state or of minced meat;

(c)  a refrigerated room at a temperature between 0ºC and 4ºC and, if applicable, a freezing room at a maximum temperature of minus 18ºC for preserving frozen products;

(d)  a refrigerated room or compartment at a maximum temperature of 7ºC for preserving bones and waste from meat or meat products not intended for human consumption;

(e)  a room or compartment under lock and key for storing packaging materials and labels bearing the stamp;

(f)  a room or compartment for storing packaging materials not bearing the stamp;

(g)  sanitary rooms including a restroom with a drinking fountain, wash basins, clothes lockers and lavatories at the disposal of the personnel employed by the operator;

(h)  a machinery room separate from the other rooms and including an area for the installation of heating apparatus, compressors and electricity panelboards, and an area for the repairing and mechanical maintenance of the equipment;

(i)  a compartment for storing cleaning, washing and sanitizing materials;

(j)  an installation for the purification of waste water in conformity with the regulations in force and, where applicable, a trap for organic fat installed in an inedible products room or outside the plant;

(k)  a room with a floor surface of at least 8 m2 and having, in addition, an adjoining lavatory, reserved exclusively for the inspector; if more than one inspector is employed, the size of the room must be increased by 4 m2 for each additional inspector. This room must open directly on rooms other than work rooms.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.3.3; O.C. 725-94, s. 25.

6.3.3.4. Preparation of pizzas — rooms: A delicatessen plant where, to the exclusion of any other meat product, meat based pizzas are prepared for wholesale purposes, must have:

(a)  a receiving, packaging and shipping room with a marquee or covered loading and unloading dock;

(b)  a room for the preparation of pizzas;

(c)  a refrigerated room with a temperature of between 0ºC and 4ºC and, where applicable, a freezing room with a maximum temperature of minus 18ºC for preserving frozen products;

(d)  a room or compartment under lock and key for storing packaging materials and labels bearing the reproduction of the stamp;

(e)  a room or compartment for storing unstamped packaging material;

(f)  a room or compartment for storing non-perishable raw materials;

(g)  a refrigerated room or compartment with a maximum temperature of 7ºC for keeping bones or waste from edible meat or meat products not intended for human consumption;

(h)  sanitary rooms including a restroom, a drinking fountain, sinks, clothes lockers and lavatories for the use of the operator’s staff;

(i)  an installation for the purification of waste water in conformity with the regulation in force and, where applicable, a trap for organic fat installed in a non-edible products room or outside the plant;

(j)  a machinery room separate from the other rooms including an area for the installation of the heating system, compressors, and electric distribution panels and an area for the repair and mechanical maintenance of the equipment;

(k)  a compartment for storing cleaning, washing and sanitizing materials;

(l)  a room with a floor surface of at least 8 m2 and having, in addition, an adjoining lavatory, reserved exclusively for the inspector; if more than one inspector is employed, the area must be increased by 4 m2 for each additional inspector. This room must open directly on rooms other than work rooms.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.3.4; O.C. 725-94, s. 26.

6.3.3.5. Hare meat — rooms: A delicatessen plant for the exclusive preparation of meat or meat products from hare meat, for wholesale purposes, must include, in addition to the rooms and premises contemplated in subparagraphs j to p of the first paragraph of section 6.3.3.2:

(a)  a refrigerated room at a temperature between 0ºC and 4ºC and, where applicable, a freezing room at a maximum temperature of minus 18ºC for preserving hares before skinning;

(b)  a skinning room with separate area for unfreezing;

(c)  an evisceration room with overhead rail;

(d)  a room for preparing the product, with separate areas for cooking and packaging;

(e)  a refrigerated room at a temperature between 0ºC and 4ºC or a freezing room at a maximum temperature of minus 18ºC for preserving eviscerated carcasses and meat or meat products;

(f)  a cold storage room for waste at a maximum temperature of 7ºC, with an area for animal waste, including discarded or confiscated meat or offal and an area for the pre-stocking or preserving of skins; this room must be provided with a door giving to the exterior of the plant;

(g)  a room for the preparation of orders and shipping.

The waste room provided for in subparagraph f of the first paragraph may be unrefrigerated provided the waste is removed from it daily and that skins are not kept therein.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.3.5; O.C. 725-94, s. 27.

6.3.3.6. Temperature: In the rooms provided for in subparagraphs b, c and e of the first paragraph of section 6.3.3.2, in subparagraph b of the first paragraph of section 6.3.3.2.1, in paragraph b of section 6.3.3.3 and in paragraph b of section 6.3.3.4, the temperature must not exceed 10ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.3.6; O.C. 314-95, s. 6.

6.3.3.7. Lay-out: A wholesale delicatessen plant must be equipped as follows:

(a)  it must be so arranged as to permit control of all entries into and departures from the plant;

(b)  it must be provided with appliances for washing equipment;

(c)  it must have a pedal-operated sink with hot water, cold water and dispensers of liquid soap and individual towels;

(d)  if the cooking tanks are directly connected to a waste water evacuation system, the opening into such system must be provided with a check-valve to prevent the reflux of water into the tanks;

(e)  tables near walls must be equipped with a protective back;

(f)  food containers must be placed on trolleys or shelves; the latter must never be less than 10 cm from the floor;

(g)  it must be provided with a drain pipe at least 10 cm in diameter equipped with a grid opening of at least 9 dm2 for the disposal of washing water;

(h)  all the rooms in which carcasses of ruminants, equines and suids are prepared, circulate or stay must be equipped with an overhead conveyor system.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.3.7; O.C. 314-95, s. 7.

6.3.3.7.1. Dressing and post mortem inspection room The dressing and post mortem inspection room referred to in section 6.3.3.2.1 must include:

(a)  a support for the inspection of heads;

(b)  a table or trolley for the inspection of viscera;

(c)  a sterilizer for knives and a sterilizer for saws in the skinning and eviscerating area and a sterilizer for knives in the inspection area;

(d)  a pressurized washing appliance for carcasses;

(e)  a skinning bed of non-corrosive material at a height of at least 20 cm from the floor if the skinning is not done on a rail.

O.C. 314-95, s. 8.

6.3.3.8. Room for exclusive use: The preparing of casings and the melting of edible fats must be performed exclusively in a room reserved for such purposes.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.3.8.

6.3.3.9. Smoke curers and cooking applicances: A hood equipped with an electric ventilator must be installed at the outlet of smoke curers and in the cooking area. All curers and cooking appliances must be equipped with an opening for the drainage of washing water in such a way as to conduct it towards the waste water evacuation system.

Smoke curers must also be equipped with thermographs.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.3.9.

6.3.3.10. Cutting room: The cutting and boning room must be equipped with tables and with a sterilizer for disinfecting knives and other work implements.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.3.10.

6.3.3.11. Lighting: The artificial lighting must be of an intensity of at least 50 decalux in work rooms, more than 20 decalux in other rooms, and 100 decalux in places for sanitary inspection or reinspection.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.3.11.

6.3.3.12. Ventilation: Ventilation must be sufficient to ensure the renewal of air 5 times per hour in unrefrigerated rooms, washrooms, clothes lockers, cafeterias and other rooms intended for personnel.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.3.12.

6.3.3.13. Provisions respecting the no-stamp permit only: In this Subdivision, when the delicatessen wholesale plant is operated by a person other than an authorized operator, only the following provisions shall apply:

(a)  in the case of the “general delicatessen” or the “horse meat preparation” permit, subparagraphs a, b, c, d, g, h, i, k and o of the first paragraph of section 6.3.3.2. Only one room may be used for the operations mentioned in subparagraphs b and c providing they are made in separate areas;

(b)  in the case of the “meat cutting and mincing” permit, paragraphs a, b, c, d, f and i of section 6.3.3.3;

(c)  in the case of the “pizza preparation” permit, paragraphs a, b, c, e, f, g and k of section 6.3.3.4;

(d)  in the case of the “hare meat preparation” permit, subparagraphs a, b, c, d, e, f and g of the first paragraph and the second paragraph of section 6.3.3.5. Only one room may be used for the operations mentioned in subparagraphs b and c provided they are done in separate areas and only subparagraphs k and o of the first paragraph of section 6.3.3.2 apply;

(e)  section 6.3.3.6, paragraph g of section 6.3.3.7 and section 6.3.3.9;

(f)  the plant may be operated without a marquee or covered loading or unloading dock.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.3.13.

§ 6.3.4.  — Standards applicable to meat canneries

6.3.4.1. Area: A meat cannery must include rooms and premises each having a floor space in keeping with the plant’s operations in order to permit the carrying out of the work and inspection.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.4.1.

6.3.4.2. Meat canneries — rooms: A meat cannery must include:

(a)  a receiving, packaging and shipping room and a marquee or covered loading and unloading dock;

(b)  a refrigerated room at a temperature of between 0ºC and 4ºC and, where applicable, a freezing room at a temperature of minus 18ºC or lower for the preservation of meat;

(c)  a room for cutting and boning, if the meat is not already cut and boned when received;

(d)  a manufacturing room for the preparation and canning of the meat, with a separate area for the commercial sterilization;

(e)  a refrigerated room or compartment with a maximum temperature of 7ºC for preserving bones or waste from edible meat or meat products not intended for human consumption;

(f)  a room or compartment under lock and key for storing packaging materials and labels bearing the stamp;

(g)  a room or compartment for the storage of packaging materials not bearing the stamp;

(h)  a room or compartment for storing spices, ingredients and other additives or preservatives;

(i)  sanitary rooms including a restroom with a drinking fountain, wash basins, clothes lockers and lavatories at the disposal of the personnel employed by the operator;

(j)  an installation for the purification of waste water in conformity with the regulations in force and, where applicable, a trap for organic fat installed in an inedible products room or outside of the cannery;

(k)  a machinery room separate from the other rooms and including an area for the installation of heating apparatus, compressors and electricity panelboards, and an area for the repairing and mechanical maintenance of the equipment;

(l)  a separate compartment for storing cleaning, washing and sanitizing materials;

(m)  a room with a floor surface of at least 8 m2 and having, in addition, an adjoining lavatory, reserved exclusively for the inspector; if more than one inspector is employed, the area must be increased by 4 m2 for each additional inspector. This room must open directly on rooms other than work rooms.

The meat cannery must also be provided with a drain pipe at least 10 cm in diameter equipped with a grid opening of at least 9 dm2 for the disposal of washing water.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.4.2; O.C. 725-94, s. 28.

6.3.4.3. Equipment: The room for manufacturing canned meat must include:

(a)  a pressure cooker or meat boiler if the cooking is not done at the time of treatment by autoclave;

(b)  a hood and an electric ventilator to evacuate fumes and steam;

(c)  a sealer;

(d)  one or more autoclaves with thermograph, thermometer, manometer and chronometer;

(e)  a pedal-operated sink with a sterilizer for knives;

(f)  an appliance for cleansing with steam or with water heated to 82ºC;

(g)  an incubator with a thermograph for the incubation of canned products at a temperature of 37ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.4.3.

6.3.4.4. Canned hare meat plant — rooms: A canned hare meat plant must include the rooms contemplated in section 6.3.3.5 and have a separate sterilizing area inside the room provided for the preparation of the product.

The said plant must have the equipment required by subparagraphs b, c and d of the first paragraph of section 6.3.2.8 for evisceration and that required under section 6.3.4.3 for the manufacturing of canned meat.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.4.4.

6.3.4.5. Provisions respecting the no-stamp permit only: In this Subdivision, when the meat cannery is operated by a person other than an authorized operator, only the following provisions shall apply:

(a)  subparagraphs a, b, c, d, e, g, h and l of the first paragraph and the second paragraph of section 6.3.4.2. Only one room may be used for the operations mentioned in subparagraphs c and d provided they are done in separate areas;

(b)  section 6.3.4.3, except paragraphs e and f;

(c)  in the case of the hare meat cannery, paragraph d of section 6.3.3.13 with a separate area for sterilization inside the room provided for the preparation of the product and paragraph b of this section;

(d)  the cannery may be operated without a marquee or covered loading and unloading dock.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.4.5.

§ 6.3.5.  — Standards applicable to slaughterhouses, meat canneries or wholesale delicatessen plants

6.3.5.1. Floors, walls and ceilings: The rooms of the slaughterhouse, wholesale delicatessen plant or meat cannery operated by an authorized operator must meet the following conditions:

(a)  floors must be shock resistant, impermeable, washable and non-slippery. They must have a slope of 2 cm/m towards drains and have a proper drainage system for the discharge of liquids;

(b)  in rooms where meat or meat products are handled, the ceilings and walls must be faced with an impermeable, smooth and rot-proof material and the said rooms must be at least 275 cm high; all other rooms of the plant must be at least 250 cm high and the walls must be shock resistant;

(c)  subparagraph b applies to the lavatory walls up to a height of 130 cm from the floor level;

(d)  where walls meet or meet the floors, they must be rounded off;

(e)  rooms and jambs touching the rooms provided for in subparagraph b must be faced with an impermeable, smooth, rot-proof and non-corrosive material and the joints must be welded.

In wholesale delicatessen plants or meat canneries operated by a person other than an authorized operator, the floor must be free from cracks and made of shock-resistant, impermeable and washable material. The facing of the walls and ceilings must also be washable.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.5.1.

6.3.5.2. Lighting: Rooms in which animals are slaughtered and dressed, and where the meat or meat products worked on, processed, conditioned or offered for sale must be equipped with lighting of at least 50 decalux.

Places of sanitary inspection or reinspection must be equipped with lighting of at least 100 decalux.

In all other rooms, lighting may be reduced to 20 decalux.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.5.2.

6.3.5.3. Ventilation: Ventilation must be sufficient to insure the renewal of air 5 times per hour in non-refrigerated rooms and washrooms.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.5.3.

6.3.5.4. Water supply: Every establishment or plant must be equipped with an adequate pressurized potable water system.

Hot and cold water outlets must be installed and equipped for pressurized hosing and cleaning of dressed carcasses, rooms and equipment.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.5.4.

6.3.5.5. Hot water temperature: The temperature of the hot water used for the cleaning of rooms and equipment must be at least 82ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.5.5.

6.3.5.6. Water drainage system: Every establishment of plant must be equipped with a rain water and waste water evacuation system. The said system must be designated on the separator plan.

The drainage system must be flushable, with manholes, flushing system, siphon trap sumps, protective gratings and solid matter interceptors.

The washing water conduits must be separate from the sanitary drains for lavatories, urinals and wash basins.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.5.6.

6.3.5.7. Washroom facilities: Washrooms in every establishment or plant must be equipped with hot and cold running water and with applicances for cleaning, wiping or drying hands.

Hand towels must be disposed of in the refuse-bin after being used once.

The lavatories and wash basins must give directly to rooms other than work rooms.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.5.7.

6.3.5.8. Work areas: A wash basin and other appliances for cleaning and disinfecting hands and work equipment shall be provided in each work area.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.5.8.

6.3.5.9. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.5.9; O.C. 725-94, s. 1.

6.3.5.10. Inspector’s room: The inspector’s room must contain:

(a)  a desk and 2 chairs;

(b)  a typewriter with a carriage of at least 30 cm;

(c)  a telephone;

(d)  a metal filing cabinet with 3  45-cm drawers which lock;

(e)  a metal cupboard with inside hinges and padlock for keeping the stamper;

(f)  a closet for clean work clothes and receptacle with a lid for soiled work clothes;

(g)  a coat stand.

The lavatory adjoining the inspector’s room must be equipped with a wash basin and a toilet.

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.5.10.

6.3.5.11. Provisions relating to the no-stamp permit only: In this Subdivision, where the wholesale delicatessen plant or the meat cannery is operated by a person other than an authorized operator, only the following provisions shall apply:

(a)  the second paragraph of section 6.3.5.1;

(b)  the first and third paragraphs of section 6.3.5.2;

(c)  the first paragraph of section 6.3.5.4;

(d)  section 6.3.5.5;

(e)  (paragraph implicitly revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.3.5.11.

DIVISION 6.4

OPERATIONAL STANDARDS FOR PLANTS

§ 6.4.1.  — Operations relating to all plants

6.4.1.1. Manipulation without refrigeration: If an operation involving the treatment or conditioning of meat is carried out in an unrefrigerated room, the product must be moved into a preserving room under refrigeration or deep freezing as soon as the operation is completed.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.1.

6.4.1.2. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.2; O.C. 725-94, s. 1.

6.4.1.3. The personnel assigned to preparation operations must wear a hat or a clean hairnet that completely covers the hair and, in the event such operations are carried out in a slaughterhouse, wholesale delicatessen plant or canned meat plant, the personnel must wear white or light-coloured work clothing that makes any soiling evident.

Persons who have been in contact with sick animals or contaminated meat must immediately wash their hands and arms with hot water and a germicide product.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.3; O.C. 725-94, s. 29.

6.4.1.4. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.4; O.C. 725-94, s. 1.

6.4.1.5. Cleaning, disinfecting of instruments and equipment: The equipment and instruments used in working with meat must be cleaned and disinfected:

(a)  at the end of the day’s operations; and

(b)  before being used again if they become contaminated.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.5.

6.4.1.6. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.6; O.C. 725-94, s. 1.

6.4.1.7. Operations must be carried out exclusively in the rooms and with the equipment required for the purposes of those operations.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.7; O.C. 725-94, s. 30.

6.4.1.8. Free from contact: Meat shall not come in contact with the floor or walls of the room. All meat receptacles or containers must be placed on supports more than 10 cm from the floor.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.8.

6.4.1.9. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.9; O.C. 725-94, s. 31; O.C. 741-2008, s. 14.

6.4.1.10. Use of tobacco: Tobacco may be used only in sanitary rooms.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.10.

6.4.1.11. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.11; O.C. 741-2008, s. 14.

6.4.1.12. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.12; S.Q., 1992, c. 21, s. 68; O.C. 741-2008, s. 14.

6.4.1.13. Restrictions: It is prohibited:

(a)  to use in the preparation or preservation of meat or meat products, antiseptics or substances harmful or dangerous to health;

(b)  to use spoilt or contaminated fluids for curing;

(c)  to add blood or any additive to minced meat;

(d)  to add pork meat to minced beef or veal.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.13.

6.4.1.14. Antimicrobics: Meat and meat products intended for human consumption must be free from any trace of antibiotics or parasiticides other than those whose maximum residue limits are prescribed in Table III of Division 15 of Part B of the Food and Drug Regulations (C.R.C., c. 870).

Meat and meat products must not contain antibiotics or parasiticides in quantities greater than the maximum residue limit prescribed in the table referred to in the first paragraph.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.14; O.C. 725-94, s. 32.

6.4.1.15. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.15; O.C. 725-94, s. 1.

6.4.1.16. Waste disposal: inedible meat, waste, rejected material, refuse and trash of any kind must be deposited in an air-tight container equipped with a cover and this container must be transported to the waste room or compartment as soon as it is full.

The contents of the said container must then be incinerated in an installation complying with the prescriptions of the Environment Quality Act (chapter Q-2) and the regulations made thereunder or delivered or sent to a dismembering plant or salvaged by a salvager within 60 hours of its filling.

Where the contents of the container are composed of sheep or goat inedible meat, they may also be shipped to an elimination site or collected by a person carrying out the collection or removal of residual materials to be shipped solely to an elimination site.

Such container contents must be shipped under the responsibility of the operator of a delicatessen plant mentioned in section 6.2.2 or of an establishment where an activity forming part of a restaurateur’s business is carried on.

The container must be cleaned as soon as it is emptied.

Such container must bear the inscription “Inedible meat” in 2-cm high letters in bold-type of the same character and colour. The colour of the letters must be different from that of the container.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.16; O.C. 854-98, s. 4; O.C. 477-2010, s. 1; 1463-2022O.C. 1463-2022, s. 11.

6.4.1.17. Preserving of game: Lawfully possessed game may be stored in the preserving room of a slaughterhouse or delicatessen plant provided it has been skinned, is not allowed to come in contact with domestic meat and has been entirely wrapped beforehand in cheesecloth and kraft paper.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.17.

6.4.1.18. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.18; O.C. 725-94, s. 1.

6.4.1.19. Canned meat: Canned meat must be free from any toxigenic micro-organisms or any toxin.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.19.

6.4.1.20. Minced meat: Minced meat must be free from any additives.

Minced beef and veal must be free from pork meat.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.1.20.

§ 6.4.2.  — Operations relating to slaughterhouses for cattle, horses, hogs, sheep, goats and cervidae

R.R.Q., 1981, c. P-29, r. 1, sd. 6.4.2; O.C. 238-99, s. 5.

6.4.2.1. Compulsory services: The operator of a slaughterhouse for cattle, horses, hogs, sheep, goats and cervidae must provide the following services:

(a)  the receiving and care of animals delivered to the plant as well as the providing of water, litter and, where applicable, fodder, and the removal and evacuation of manure and other excrement;

(b)  the cleaning, washing and disinfecting of vehicles used for the transport of animals;

(c)  the slaughtering of animals including the rendering unconscious, bleeding, skinning, evisceration, dressing and, in the case of hogs, in lieu of skinning, scalding, bristle-removal, singeing and scraping;

(d)  the removal and transfer of offal, suet and fat to processing, stocking or shipping rooms situated within the precincts of the establishment;

(e)  the initial treatment of offal;

(f)  the transfer of the hides to pre-stocking rooms and their preservation until removed;

(g)  the cleaning, washing and disinfecting of rooms, yards, chutes and passageways and other places within the precincts of the establishment.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.2.1; O.C. 238-99, s. 6.

6.4.2.2. The animal must be restrained, rendered unconscious and bled in accordance with sections 76 to 80 of the Meat Inspection Regulations, 1990 (SOR/90-288).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.2.2; O.C. 725-94, s. 33.

6.4.2.3. Bleeding and collection of blood: Bleeding must be complete and carried out by means of a grooved knife. Blood derived from a healthy animal and intended for human consumption must be collected in clean receptacles. It must be defibrinated by means of clean implements.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.2.3.

6.4.2.4. Skinning. Depilation: Cattle, horses, sheep and goats must be completely skinned and bristles must be immediately removed from hogs.

Calves under one year old, spring lambs and kids need not be skinned if they are properly washed and cleaned before evisceration.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.2.4.

6.4.2.5. Evisceration: Evisceration must be performed without delay and terminated one-half hour after bleeding.

Hogs and calves must be thoroughly washed and cleaned prior to evisceration.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.2.5.

6.4.2.6. Immediate use of waste room: Stomachs, intestines, hides, horns, hoofs and claws must be placed immediately in the waste room.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.2.6.

6.4.2.7. Disposal of carcasses, meat and offal: Subject to paragraph c of section 6.3.1.8, carcasses, meat and offal fit for human consumption shall be put into cold storage rooms. They are first put into the refrigerated cooling room where the internal temperature of meat and offal shall be lowered in less than 24 hours to a temperature of 7ºC or below for carcasses and 4ºC for offal, provided that in both cases the temperature is above 0ºC, and, next, they are put into the preserving room intended for the cold storage of meat and offal at a temperature between 0ºC and 4ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.2.7; O.C. 725-94, s. 34.

6.4.2.7.1. The operator of a slaughterhouse for cattle, horses, pigs, sheep, goats and cervidae must, for each delivery of white-tailed deer, keep a register giving the following information for each animal, in indelible letters:

(a)  the sex of the animal;

(b)  the date on which it was received at the slaughterhouse;

(c)  the name and address of the holder of a professional licence to keep animals on a game ranch or a breeding farm obtained under the Regulation respecting licences to keep animals in captivity (chapter C-61.1, r. 20.1.1), who sold or delivered the animal; and

(d)  the identification number assigned to the animal under the Regulation respecting animals in captivity (chapter C-61.1, r. 5.1).

The register must be kept available for inspection in the slaughterhouse of the operator for at least 24 months following the date of the last entry.

O.C. 238-99, s. 7; 1069-2018O.C. 1069-2018, s. 1121069-2018O.C. 1069-2018, s. 112.

6.4.2.8. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.2.8; O.C. 725-94, s. 1.

6.4.2.9. Inedible meat. Slaughterhouse. Disposal, colouring and denaturant: Inedible meat, unless it is incinerated in an installation complying with the prescriptions of the Environment Quality Act (chapter Q-2) and the regulations made thereunder or processed at the slaughterhouse into meal, oil or other industrial by-products, must be shipped under the responsibility of the slaughterhouse operator to a dismembering plant or be salvaged by the operator of such a plant or by a salvager.

Sheep or goat inedible meat may also, under the responsibility of the slaughterhouse operator, be shipped to an elimination site or collected by a person carrying out the collection or removal of residual materials to be shipped solely to an elimination site.

Before being shipped to a dismembering plant or an elimination site, salvaged by a salvager or collected by a person carrying out the collection or removal of residual materials to be shipped solely to an elimination site, inedible meat must be completely coloured by applying a denaturant.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.2.9; O.C. 725-94, s. 35; O.C.854-98, s. 5; O.C. 477-2010, s. 1; 1463-2022O.C. 1463-2022, s. 211.

§ 6.4.3.  — Operations relating to poultry and rabbit slaughterhouses

6.4.3.1. Crates and cages: Poultry must be transported to the slaughterhouse in crates or cages, specially designed to prevent any injury to poultry in transit.

Such crates or cages shall, in no case, be stored in rooms in which slaughtered poultry is prepared or stored. They must be cleaned, washed and disinfected before each new use.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.1.

6.4.3.2. Discarding of poultry: Poultry found dead or meat from poultry confiscated at the time of the ante mortem inspection must be placed in an impermeable container equipped with a cover and must be discarded in accordance with section 6.4.2.9.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.2.

6.4.3.3. Bleeding and plucking: Bleeding, scalding and plucking of poultry must be carried out in the slaughter room.

Such operations must be carried out in conformity with the following prescriptions:

(a)  the poultry must be placed on the conveyor or overhead rail, immobilized, rendered unconscious and bled in compliance with section 6.4.2.2;

(b)  bleeding must be complete;

(c)  plucking must not damage the carcass or affect its preservation;

(d)  carcasses and offal must not be deposited on the floor.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.3; O.C. 725-94, s. 36.

6.4.3.4. Scalding: Scalding before plucking must not be done less than 90 seconds after the bleeding. It shall be performed in a tub containing potable water which is constantly renewed and maintained at a constant temperature between 53ºC and 64ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.4.

6.4.3.5. Removal of feathers: Feathers must be removed from the slaughter room at least 4 times a day.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.5.

6.4.3.6. Cleaning and washing: At least once a day, blood must be removed from the walls and floor of the slaughtering area. The funnel and collecting vat must be cleaned and rinsed at least twice a day.

In slaughtering, dressing and eviscerating rooms, floors must be drained.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.6.

6.4.3.7. Disinfection: The equipment and apparatus located in the eviscerating room and which comes into contact with the poultry must be disinfected before each use and at least once a day.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.7.

6.4.3.8. Evisceration: The evisceration shall be carried out by opening the carcass. Viscera shall be removed from the carcass onto a stainless material device unless the viscera are to remain with the carcass. Offal shall immediately be separated from inedible viscera.

Carcasses or offal shall not be soiled with intestinal content.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.8.

6.4.3.9. Poultry must be dressed in such a way as to meet the following requirements:

(a)  the feathers, stumps and hairs must be removed;

(b)  the oil gland and head must be removed;

(c)  the viscera and giblets must be removed;

(d)  the interior and exterior of the carcass must be washed and drained;

(e)  the feet must be cut off at the tarsal joint.

Notwithstanding the foregoing, the head and feet may remain attached to the carcass if the head is wrapped in a waterproof bag and the cuticle and claws are removed from the feet.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.9; O.C. 725-94, s. 37.

6.4.3.10. Temperature of poultry: Immediately after evisceration, poultry must be cooled to a temperature not exceeding 4ºC. Following this, it must be placed in a refrigerated room at a temperature between 0ºC to 4ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.10; O.C. 725-94, s. 38.

6.4.3.11. Standards relating to rabbits: With the exception of sections 6.4.3.4, 6.4.3.5 and 6.4.3.9, this Subdivision applies to rabbits.

The rabbit’s forelegs shall be cut off at the metacarpo-phalangeal joint and its hind legs at the tarsometatarsal joint.

If skinned, the rabbit’s head may be left on the carcass.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.11.

6.4.3.12. Slaughtering of rabbits: Rabbits may be slaughtered at a poultry slaughterhouse provided they are not slaughtered simultaneously with poultry.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.12.

6.4.3.13. Slaughtering of pheasants, guinea fowl, partridges and quail: Raised pheasants, guinea fowl, partridges and quail may be slaughtered at a poultry slaughterhouse, provided they are not slaughtered simultaneously with poultry or rabbits. If wrapped, the head may be left on the eviscerated carcass of these birds.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.13.

6.4.3.14. Cleaning and washing: In the cases contemplated in sections 6.4.3.12 and 6.4.3.13, the rooms and equipment must be cleaned and washed between the slaughtering operations for the different kinds of animals.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.14.

6.4.3.15. Game birds: Pheasants, guinea fowl and partridges shot in hunting may be plucked and eviscerated at a poultry slaughterhouse.

These operations shall not be carried out at the same time as the slaughtering or evisceration of poultry or rabbits.

Moreover, they shall not precede them on the same day.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.15.

6.4.3.16. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.16; O.C. 725-94, s. 1.

6.4.3.17. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.17; O.C. 725-94, s. 1.

6.4.3.18. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.3.18; O.C. 725-94, s. 1.

§ 6.4.4.  — Operations relating to delicatessen plants and meat canneries

6.4.4.1. Tongues: The preparer of meat or meat products must remove the larynx, epiglottis, tonsils and mucous membrane from all tongues before conditioning them.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.4.1.

6.4.4.2. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.4.2; O.C. 725-94, s. 1.

6.4.4.3. Cleaning of receptacles: Metal, glass and other solid receptacles in which meat or meat products intended for sale are to be packed shall be cleaned immediately before filling.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.4.3.

6.4.4.4. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.4.4; O.C. 725-94, s. 1.

6.4.4.5. Identification of lots: The lots of canned meat or meat products shall be identified before sterilization and kept so until storage.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.4.5.

6.4.4.6. Sterilization: Cans of meat or meat products must be sterilized in order to free them from any toxigenic microorganisms or toxins.

The sterilization process must be recorded on a thermogram.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.4.6; O.C. 725-94, s. 39.

6.4.4.7. Incubation of sample: A sample equal to 1% of the cans of meat in the same lot or to 3 cans per retort basket, whichever is the lesser must be held in an incubator at a temperature of 37ºC for at least 10 consecutive days.

At the end of the said period, if the sample held in the incubator is found to be sound, the cans of meat in the same lot as the sample may be delivered for human consumption.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.4.7.

6.4.4.8. Identification and markings: Cans containing meat shall be marked in accordance with this Regulation.

In addition, the manufacturer’s code consisting of conventional signs, letters or figures shall appear on the lid of each can containing meat, for the purposes of identifying each lot and manufacturer and indicating the date of manufacture.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.4.8.

6.4.4.9. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.4.9; O.C. 1055-82, s. 9.

6.4.4.10. Inedible meat. Disposal and colouring: Section 6.4.2.9 applies to the operator of a delicatessen plant or a meat cannery.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.4.10; O.C. 477-2010, s. 1.

6.4.4.11. Canned meat. Wholesale and retail: This Subdivision and section 6.3.4.3 also apply to a meat cannery whose operator is a wholesaler or retailer as well as to a delicatessen plant where canned meat is prepared.

R.R.Q., 1981, c. P-29, r. 1, s. 6.4.4.11.

DIVISION 6.5

THE STAMP

§ 6.5.1.  — Making and copying of the stamp

6.5.1.1. Model and number of stamp: Subject to the Meat Inspection Act (R.S.C. 1985, c. 25, (1st Suppl.)), only a stamp that corresponds to the model provided for in Schedule 6.5.A may be made, copied or affixed to meat or a meat product or to its packaging, label or sticker.

The said stamp must bear in a rectangle crossing the fleur-de-lys the identification number assigned by the Minister to the operator authorized, under section 6.5.2.6, to use the stamp or a packaging, label or sticker bearing its reproduction.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.1.

6.5.1.2. Prohibitions: No person may make or cause to be made, copy or cause to be copied, hold or use the stamp mentioned in section 6.5.1.1 or a packaging, label or sticker bearing its reproduction, except as provided for in this Regulation.

It is prohibited to:

(a)  copy or cause to be copied the stamp on a packaging intended mainly for the wholesale of meat or meat products or on the label affixed or intended to be affixed to such packaging;

(b)  hold or use a packaging intended mainly for the wholesale of meat or meat products and bearing the copy of the stamp or a label copying it;

(c)  copy or cause to be copied the stamp on a sticker other than the one mentioned in section 6.5.2.12.

No person may make or cause to be made, copy or cause to be copied, hold or use a stamp other than the one mentioned in section 6.5.1.1 or a packaging, label or sticker bearing its reproduction.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.2.

6.5.1.3. Making of the stamper and stickers: Where the operator of a slaughterhouse, wholesale delicatessen plant or meat cannery obtains a permit and is authorized, under section 6.5.2.6, to use the stamp or a packaging, a label or a sticker bearing its reproduction, the Minister shall have a stamper and sticker copying only the stamp made for him.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.3.

6.5.1.4. Stamp copying procedure: Before copying the stamp on a label or packaging at the operator’s request, the reproducer of the stamp must apply to the Minister for approval.

The said application for approval must include:

(a)  the name and address of the reproducer of the stamp and of his client;

(b)  a sketch in quadruplicate of the packaging or label contemplated by the client, bearing the copy of the stamp; the said sketch shall indicate the dimensions of the packaging or of the label, and the diameter of the stamp which is to appear on it;

(c)  the number of packagings or labels;

(d)  the name and address of the maker of the stamp matrix, if it is not made by the reproducer of the stamp.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.4.

6.5.1.5. The Minister shall approve the sketch of the proposed stamp, provided the following conditions are met:

(a)  the application must be made in accordance with section 6.5.1.4;

(b)  the stamp reproduced in the sketch must meet the requirements of section 6.5.1.1;

(c)  the diameter of the proposed stamp may vary from 11 mm to 35 mm;

(d)  the inscriptions and markings in the sketch shall be in accordance with the Regulation; and

(e)  the client of the reproducer of the stamp must be an authorized operator.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.5.

6.5.1.6. The Minister shall send a copy of the approved or rejected sketch to the reproducer of the stamp and to his client and, in the case of subparagraph d of the second paragraph of section 6.5.1.4, to the maker of the stamp matrix.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.6.

6.5.1.7. Only the maker who has received an order from a reproducer of the stamp contemplated in section 6.5.1.4 and a copy of the sketch approved by the Minister in conformity with section 6.5.1.5 may make a stamp matrix.

Once the work is completed, he must return all stamp matrices to the reproducer of the stamp.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.7.

6.5.1.8. Before final copying of the stamp on the packagings or labels, the reproducer of the stamp must submit, for approval by the Minister, a sample of the reproduction made with the stamp matrix. The Minister shall approve the sample stamp if it corresponds to the sketch.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.8.

6.5.1.9. The reproducer of the stamp shall stamp only the number of packagings or labels mentioned in subparagraph c of the second paragraph of section 6.5.1.4.

In the case where this rule has not been followed, he must inform the Minister in writing within 10 days, mentioning the exact number of packagings or labels which were stamped.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.9.

6.5.1.10. Once the stamping is terminated, the reproducer of the stamp must keep the matrices under lock and key and use them again only upon his client’s request and in accordance with the procedure set down in section 6.5.1.4.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.10.

6.5.1.11. The reproducer of the stamp will deliver or be responsible for delivering to the inspector in charge of supervision of operations in his client’s establishment, the packagings or labels bearing the copy of the stamp as well as a shipping bill giving a detailed description of the contents of the shipment.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.11.

6.5.1.12. The authorized operator who puts an end to his operation shall destroy or cause to be destroyed the unused packages or labels, bearing the reproduction of the stamp, which are in his possession or in that of the reproducer of the stamp.

This rule also requires the destruction of every stamp matrix in the possession of the reproducer of the stamp.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.12.

6.5.1.13. Before carrying out the destruction, the operator must give the Minister 15 days prior notice in writing stating the number of packagings, labels or stamp matrices to be destroyed and the place where they are held.

He shall also inform the Minister in writing within 15 days following the destruction.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.13.

6.5.1.14. The reproducer of the stamp may dispose of the stamp matrix only as follows:

(a)  in the case of destruction, he must give the Minister 15 days prior notice, specifying the place and modalities; or

(b)  in the case of transfer, at his customer’s request, to another reproducer of the stamp, he must give the Minister 15 days prior notice informing him of the client’s request and supplying the name and address of the reproducer to whom the transfer is to be made.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.14.

6.5.1.15. No person may hold or use the unused packagings, labels or stickers bearing the reproduction of the stamp, nor the stamp plates of the operator mentioned in section 6.5.1.12.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.1.15.

§ 6.5.2.  — Supervision of operations and use of stamper

6.5.2.1. Ante mortem inspection: Every animal must undergo an ante mortem inspection by an inspector immediately prior to its entry into the slaughtering room of a slaughterhouse whose operator holds a permit which is in force.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.1.

6.5.2.2. Ante mortem seizure: Any animal found to be sick, maimed or in a questionable state of health at the ante mortem inspection must be seized and slaughtered separately from the other animals.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.2.

6.5.2.3. Discarding or confiscation of dead or sick animals: Any animal found dead or dying or any animal with a temperature of 41.1ºC or over, or any horse with a temperature of 39.4ºC or over, must be discarded by the operator of the slaughterhouse in conformity with section 6.4.2.9 and, upon failure to do so the inspector shall confiscate the animal at the time of the ante mortem inspection.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.3.

6.5.2.4. Discarding or confiscation of birds: Birds which have, at the time of the ante mortem inspection, a sickness or infection which could warrant their confiscation at the time of the post mortem inspection under section 6.6.3 must be discarded by the operator of the slaughterhouse in conformity with section 6.4.2.9 and, upon failure to do so, the inspector shall confiscate such birds.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.4.

6.5.2.5. Post mortem inspection: The carcass, parts and organs of animals slaughtered must undergo a post mortem inspection by an inspector immediately after slaughtering in a slaughterhouse whose operator holds a permit which is in force.

The carcass, the organs and any other part of a caribou slaughtered in accordance with subparagraph b of the fourth paragraph of section 6.2.1 must also undergo a post mortem inspection at a delicatessen plant whose operator is an authorized operator.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.5; O.C. 314-95, s. 9.

6.5.2.6. Use of stamper: The following operators must use the stamper provided for in section 6.5.1.1 or a packaging, label or sticker bearing its reproduction:

(a)  the operator of a slaughterhouse operated under the permit provided for in subparagraph a of the first paragraph of section 9 of the Act, except for the slaughterhouse permit A-4 referred to in section 1.3.2.7;

(b)  the operator of a wholesale delicatessen plant operated under a “general delicatessen” permit where he dresses caribou slaughtered in accordance with subparagraph b of the fourth paragraph of section 6.2.1.

The Minister may, in conformity with Subdivision 1.3.7, authorize the operator of a wholesale delicatessen plant or of a meat cannery operated under a permit in conformity with the Act and this Regulation to use the stamper provided for in section 6.5.1.1 or a packaging, label or sticker bearing its reproduction.

The said stamper, packaging, label or sticker bearing its reproduction, must be used under the constant supervision of the inspector and on the conditions mentioned hereafter that apply to the wholesale delicatessen plant or to the meat cannery only when their operator is authorized under this section.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.6; D. 314-95, s. 10.

6.5.2.7. Compulsory stamping: Upon leaving the slaughterhouse, the wholesale delicatessen plant or the meat cannery, the meat or part of an animal in its raw or processed state, meat products, or canned meat intended for human consumption shall bear the stamp or be placed in a packaging bearing the reproduction of the stamp or a label or sticker copying the stamp.

This rule does not apply to packagings containing other meat packagings or meat products already bearing the reproduction of the stamp or a label or sticker copying the stamp.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.7.

6.5.2.8. Stamped meat: The only meat or parts of an animal which may bear the stamp are those that are in a natural state, wholesome, fit for human consumption and in good condition when the product was stamped and when it left the slaughterhouse or wholesale delicatessen plant, and which came from a healthy animal fit for human consumption at the time of the ante mortem and post mortem inspections, except in the case of caribou, where only post mortem inspection is required.

The first paragraph also applies to hares undergoing post mortem inspection.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.8; O.C. 314-95, s. 11.

6.5.2.9. Meat products and stamped packagings: The only meat products or canned meat which may bear the stamp or be in a packaging bearing:

(a)  the reproduction of the stamp; or

(b)  a label or sticker copying the stamp, are those prepared or manufactured from meat or meat products which are wholesome, fit for human consumption and in perfect condition at the time of stamping, labelling or sticker affixing or packaging of meat products or canned meat and when they leave the slaughterhouse, wholesale delicatessen plant or meat cannery.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.9.

6.5.2.10. Unstamped packages: The package containing other stamped packages of meat or meat products may not bear the reproduction of the stamp or a label or sticker copying it.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.10.

6.5.2.11. Metal stamper: The stamping of unpackaged meat, carcasses or offal must be done with a metal stamper which imprints on the product.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.11.

6.5.2.12. Sticker: The sticker mentioned in section 6.5.1.3 is affixed, in the presence of the inspector, only to a packaging:

(a)  containing meat or meat products not yet packaged; and

(b)  not yet bearing the reproduction of the stamp or a label copying it.

This sticker must be affixed on the packaging in such a way as to break when opening the packaging.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.12.

6.5.2.13. New packaging: Any packaging for meat or meat products bearing the reproduction of the stamp or a label or a sticker copying it must be new and used only once.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.13.

6.5.2.14. Custody by the inspector: All stampers and packagings, labels and stickers bearing the reproduction of the stamp must remain constantly in the custody of the inspector while being used.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.14.

6.5.2.15. Storage of stamped products: An authorized operator may have stored away from his establishment in a storage depot whose operator is registered with the Minister the products mentioned in section 6.5.2.7 only if they are packaged, labelled and marked in conformity with this Regulation.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.15.

6.5.2.16. Shipping bill: On their leaving the slaughterhouse, wholesale delicatessen plant, meat cannery or storage depot, the products referred to in section 6.5.2.7 must be accompanied by a shipping bill indicating the nature and quantity of the product, the date of leaving and the identity of the shipper, consignee, the carrier and the carrying vehicle.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.16.

6.5.2.17. Information: Before using the stamp, the operator referred to in section 6.5.2.6 must provide the Minister with information respecting:

(a)  his sources of supply;

(b)  his methods of preparation or conditioning;

(c)  the equipment to be used for the aforesaid operations;

(d)  the nature or composition and the characteristics of the product to be prepared or conditioned and the percentage by weight of each constituent;

(e)  the name and the brand or trade name under which the product is to be sold;

(f)  the shape, dimensions, capacity and material of the containers, packagings or wrappings to be used for retailing the product and the markings to appear thereon.

Within 15 days of any change affecting the information required by this section, the operator must inform the Minister thereof in writing.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.17.

6.5.2.18. Approval of containers: The authorized operator must submit for the approval of the Minister 3 facsimiles of the containers, packagings, wrappings and markings reproducing the stamp, prior to their use.

The Minister shall approve the said facsimiles if the reproduction of the stamp thereon is in conformity with Subdivision 6.5.1.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.18.

6.5.2.19. Prepacked meat and meat products: Meat and meat products which are prepacked and are to be so delivered for human consumption must be prepared, conditioned, labelled and marked in accordance with the information and documents supplied to the Minister in compliance with sections 6.5.2.17 and 6.5.2.18 and approved by him.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.19.

6.5.2.20. Exemption from stamping: Sections 6.5.2.7 and 6.5.2.25 do not apply in the case of meat or parts of an animal in the natural state which are shipped from one slaughterhouse, plant, or cannery referred to in section 6.5.2.7 to another of the same type to undergo conditioning and stamping therein.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.20.

6.5.2.21. Sealing: The shipment referred to in section 6.5.2.20 must be made in a vehicle sealed by an inspector and, upon arrival, the breaking of the seal must be done by an inspector.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.21.

6.5.2.22. Certificate of inspection: The meat or parts of an animal in the natural state in the shipment referred to in section 6.5.2.20 must be accompanied by a certificate of inspection issued by the inspector of the establishment of origin attesting that, on its departure, the said product was healthy, fit for human consumption and in perfect condition.

The certificate must also indicate the nature and quality of the product, the date of departure and the identity of the shipper, the carrier and the carrying vehicle.

If a vehicle containing a product intended for a number of establishments is resealed en route, the inspector of each such establishment shall make a note of the resealing on the certificate of inspection accompanying the product.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.22.

6.5.2.23. Stamping ink — horse meat: The edible green ink is reserved for stamping the meat of equine animals.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.23.

6.5.2.24. Source of stamped meat or meat products: The meat or meat products held or used by the permit holder who operates an establishment mentioned in subparagraph a or b of the first paragraph of section 9 of the Act must come exclusively from:

(a)  an animal slaughtered in a slaughterhouse mentioned in subparagraph a of the first paragraph of section 9 of the Act whose operator holds a valid permit or in a slaughterhouse registered under the Meat Inspection Act (R.S.C. 1985, c. 25 (1st Suppl.)); and

(b)  meat or parts of an animal, in the natural state or processed, treated, prepared or conditioned in a slaughterhouse or plant whose operator is an authorized operator or in a plant registered under the Meat Inspection Act.

Only subparagraph a of the first paragraph applies to guinea fowl, pheasant, partridge and quail meat, and only subparagraph b of the first paragraph applies to caribou meat.

The rule concerning source provided for in the first paragraph does not apply to unskinned and uneviscerated hares.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.24; O.C. 314-95, s. 12.

6.5.2.25. The operator mentioned in section 6.5.2.24 is prohibited from holding or using meat or meat products unless, when they entered his establishment, they bore the stamp mentioned in and applied in conformity with section 6.5.2.6 or were in a package bearing the reproduction of the stamp or a label or sticker copying the stamp.

This prohibition does not apply to the entry of guinea fowl, pheasant, partridge or quail meat, unskinned and uneviscerated hares and unskinned caribou, whether or not they are eviscerated.

For the purposes of this section, the inspection marking provided for and applied in conformity with the Meat Inspection Regulations (DORS/79-579) has the same force and validity as the stamp.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.25; O.C. 314-95, s. 13.

6.5.2.26. The meat and meat products held or used by a retailer who, even occasionally, makes wholesale sales to a restaurant operator must, whatever their destination, come exclusively from:

(a)  an animal slaughtered in a slaughterhouse mentioned in subparagraph a of the first paragraph of section 9 of the Act whose operator holds a valid permit or in a slaughterhouse registered under the Meat Inspection Act (R.S.C. 1985, c. 25 (1st Suppl.)); and

(b)  meat or parts of an animal, in the natural state or processed, treated, prepared or conditioned in a slaughterhouse or plant whose operator is an authorized operator or in a plant registered under the Meat Inspection Act.

Only subparagraph a of the first paragraph applies to guinea fowl, pheasant, partridge and quail meat, and only subparagraph b of the first paragraph applies to caribou meat.

The rule concerning source provided for in the first paragraph does not apply to unskinned and uneviscerated hares.

Subparagraph a of the first paragraph applies to all retailers other than those mentioned in the said first paragraph.

However, meat or meat products kept or used by a retailer may not be obtained from:

(a)  another retailer;

(b)  the person referred to in section 6.5.2.30;

(c)  an operator of a delicatessen plant for purposes of wholesale sales who does not hold the permit referred to in subparagraph b of the first paragraph of section 9 of the Act; or

(d)  an operator of a delicatessen plant for purposes of furnishing services for remuneration.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.26; O.C. 1055-82, s. 10; O.C. 314-95, s. 14.

6.5.2.27. A retailer who, even occasionally makes wholesale sales to a restaurant operator is prohibited from holding or using, whatever their destination, meat or meat products unless, when they entered his establishment, they bore the stamp mentioned in and applied in conformity with section 6.5.2.6 or were in a package bearing the reproduction of the stamp or a label or sticker copying the stamp.

The prohibition provided for in the first paragraph also applies to any retailer other than the one mentioned in the said first paragraph, but only as to the presence of the stamp on the half or quarter carcasses.

This prohibition does not apply to guinea fowl, pheasant, partridge or quail meat, nor to unskinned and uneviscerated hares.

For the purposes of this section, only the inspection marking provided for and applied in conformity with Meat Inspection Regulations has the same force and validity as the stamp.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.27; O.C. 314-95, s. 15.

6.5.2.28. Meat or meat products held or used by a restaurant operator must come exclusively:

(a)  from an animal slaughtered in a slaughterhouse mentioned in subparagraph a of the first paragraph of section 9 of the Act whose operator holds a valid permit, or in a slaughterhouse registered under the Meat Inspection Act (R.S.C. 1985, c. 25 (1st Suppl.)); and

(b)  from meat or parts of an animal, in the natural state or processed, treated, prepared or conditioned in a delicatessen plant or a meat cannery that received them exclusively from a slaughterhouse or from a plant described in subparagraphs a and b of the first paragraph of section 6.5.2.26.

However, in the case of subparagraph b of the first paragraph, the meat or meat products may not be obtained from:

(a)  another restaurant operator;

(b)  the person referred to in section 6.5.2.30;

(c)  an operator of a delicatessen plant for purposes of wholesale sales who does not hold the permit referred to in subparagraph b of the first paragraph of section 9 of the Act; or

(d)  an operator of a delicatessen plant for purposes of furnishing services for remuneration.

The rule concerning source provided for in the first paragraph does not apply to caribou.

However, caribou meat must come from a caribou that has:

(a)  been slaughtered in accordance with subparagraph b of the fourth paragraph of section 6.2.1; and

(b)  undergone a post mortem inspection in a delicatessen plant operated by an authorized operator or in a plant registered under the Meat Inspection Act.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.28; O.C. 1055-82, s. 11; O.C. 314-95, s. 16.

6.5.2.29. It is prohibited for a restaurant operator to hold or use meat or meat products unless they come exclusively from:

(a)  an animal killed in a slaughterhouse mentioned in subparagraph a of the first paragraph of section 9 of the Act whose operator holds a valid permit, or in a slaughterhouse registered under the Meat Inspection Act (R.S.C. 1985, c. 25 (1st Suppl.)); and

(b)  meat or part of an animal, in the natural state or processed, treated, prepared or conditioned in a delicatessen plant or a meat cannery which received them exclusively from a slaughterhouse or a plant mentioned in subparagraphs a and b of the first paragraph of section 6.5.2.26.

The rule concerning source provided for in the first paragraph does not apply to caribou.

However, caribou meat must come from a caribou that has:

(a)  been slaughtered in accordance with subparagraph b of the fourth paragraph of section 6.2.1; and

(b)  undergone a post mortem inspection in a delicatessen plant operated by an authorized operator or in a plant registered under the Meat Inspection Act.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.29; O.C. 314-95, s. 17.

6.5.2.30. The person mentioned in the third paragraph of section 9 of the Act must solely retail meat or meat products he holds or uses.

The rules concerning source and the prohibitions provided for respectively in the fourth paragraph of section 6.5.2.26 and in the second paragraph of section 6.5.2.27 do not apply to meat and meat products sold and delivered in a preparation plant for purposes of retail sale belonging to a person.

However, these rules apply where the said person carried on a special trade provided for in section 6.7.1.12 or holds or uses for retail purposes and delivery in his plant, meat or meat products which do not come exclusively from animals slaughtered in his slaughterhouse.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.30; O.C. 314-95, s. 18.

6.5.2.31. Publicity and advertising of meat or meat products: Any indication, expression, name, picture, mark, publicity or advertising used to promote meat or meat product sales must be done, except for the exhibition of these products or their packagings bearing the stamp in conformity with a law or a regulation, without any reference to a sanitary control or other, to an official certificate, to a sanitation guarantee, to an inspection by a public authority, to a stamp or to an inspection marking prescribed by such law or regulation.

However, only the authorized operator or the operator of a slaughterhouse or plant registered under the Meat Inspection Act (R.S.C. 1985, c. 25 (1st Suppl.)) may, in the publicity or advertising used to promote the sale of his meat or meat products, include an indication to the effect that his establishment is under permanent inspection and that he is authorized to use the stamp mentioned in section 6.5.1.1 or the inspection marking mentioned in the third paragraph of section 6.5.2.25. However, this indication shall be made without any reference to a sanitation guarantee or to a sanitary effect related to the said inspection, stamp or marking.

R.R.Q., 1981, c. P-29, r. 1, s. 6.5.2.31.

6.5.2.32. The person referred to in the third paragraph of section 9 of the Act must install and maintain in his preparation plant for purposes of retail sale a notice bearing the following inscription: “Notice: Meat and meat products on sale here are derived from animals that where not slaughtered and processed under permanent inspection.”.

Such notice must be adjacent to the sales counter in public view.

Such inscription must be in bold-type, indelible letters at least 5 cm high and of the same colour. The colour of the letters must be different from that of the notice.

O.C. 725-94, s. 40.

6.5.2.33. The operator of a delicatessen plant for purposes of furnishing services for remuneration in which meat from animals slaughtered on the site of an agricultural operation that does not bear the stamp prescribed and affixed in accordance with section 6.5.2.6 is prepared must install and maintain in his delicatessen plant a notice bearing the following inscription: “Notice: Meat and meat products held in this establishment may not be sold.”.

Such notice must be placed in an area in public view.

Such inscription must be in bold-type, indelible letters at least 5 cm high and of the same colour. The colour of the letters must be different from that of the notice.

O.C. 725-94, s. 40.

DIVISION 6.6

POST MORTEM INSPECTION OF CARCASSES

6.6.1. Identity: The head, tongue, tail, blood, viscera and all other edible parts of the slaughtered animal must be identifiable with the said animal until the post mortem inspection thereof has been completed.

R.R.Q., 1981, c. P-29, r. 1, s. 6.6.1.

6.6.2. Meat fit for human consumption: The carcasses, meat and parts or organs of an animal which, upon post mortem inspection, are found to be wholesome and fit for human consumption, must be stamped in accordance with section 6.5.2.6 and 6.5.2.8.

R.R.Q., 1981, c. P-29, r. 1, s. 6.6.2.

6.6.3. Inedible meat: The carcasses, meat, parts or organs of an animal which, upon the post mortem inspection, are found to be unwholesome or to come from an unwholesome source or to be affected by a disease mentioned or in a condition described in Table 6.6.A are inedible meat.

If the operator of the slaughtering plant does not discard them in conformity with section 6.4.2.9, they are to be confiscated by the inspector.

R.R.Q., 1981, c. P-29, r. 1, s. 6.6.3; O.C. 477-2010, s. 1.

6.6.4. Infested hides: The skins of calves infested with warble grubs, mange or ringworm must be removed before the carcasses are placed in a refrigerating room.

R.R.Q., 1981, c. P-29, r. 1, s. 6.6.4.

6.6.5. Mammary glands: Lactating mammary glands, or those which have been active or diseased are unfit for human consumption and must be removed and discarded or confiscated in the slaughtering room in conformity with section 6.6.3 without opening the milk ducts.

R.R.Q., 1981, c. P-29, r. 1, s. 6.6.5.

6.6.6. Blood: The blood of an animal whose carcass is discarded or confiscated is unfit for human consumption and must be discarded or confiscated as provided in section 6.6.3.

R.R.Q., 1981, c. P-29, r. 1, s. 6.6.6.

DIVISION 6.7

RETAIL SALE, ACTIVITIES FORMING PART OF A RESTAURATEUR’S BUSINESS AND STORAGE OF MEAT AND MEAT PRODUCTS

R.R.Q., 1981, c. P-29, r. 1, c. 6, Div. 6.7; O.C. 725-94, s. 41.

§ 6.7.1.  — Retail sale and activities forming part of a restaurateur’s business

R.R.Q., 1981, c. P-29, r. 1, c. 6, Div. 6.7, Sd. 6.7.1; O.C. 725-94, s. 42.

6.7.1.1. Rules applicable by reference: In addition to the general provisions prescribed in Divisions 2.1 and 2.2, Subdivision 6.4.1 applies to retail delicatessens and other meat or meat products outlets.

The aforesaid provisions and those of this Subdivision also apply to establishments where an activity forming part of a restaurateur’s business is carried on and, subject to Subdivisions 6.3.3, 6.3.5 and 6.4.4, to wholesale delicatessen plants or to meat canneries operated under a permit and whose operator also retails products.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.1; O.C. 725-94, s. 43.

6.7.1.2. Direct communication prohibited: Rooms used for the conditioning, preparation or processing of meat or meat products or for their preservation and offering for retail sale may not communicate directly with the slaughtering room, barns or other unsanitary or dirty rooms capable of contaminating or spoiling such meat or meat products.

The said rooms must also be separate from and not communicate with the rooms where meat or food products are prepared, conditioned, processed or preserved for wholesale purposes.

However, delicatessen operations for purposes of retail sale may be carried out in the room where the cutting up for wholesale purposes is done when there is already an inspector on the premises to permanently supervise the delicatessen operations for wholesale purposes.

The second and third paragraphs only apply to the wholesale delicatessen plant operated under a permit by an authorized operator.

In the case of delicatessen plants operated for purposes of wholesale sale under a permit by a person other than an authorized operator who also retails products, the preparation and retailing room which is open to the public must be separated from the processing, preparation or transformation room for meat or meat products intended for wholesale.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.2.

6.7.1.3. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.3; O.C. 725-94, s. 1.

6.7.1.4. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.4; O.C. 725-94, s. 1.

6.7.1.5. Material of stalls and counters: The stalls and counters in these rooms must be of hard, smooth, washable and non-absorbent material.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.5.

6.7.1.6. Racks and hooks: The racks and hooks used to hang meat and offal must be of stainless metal and placed so that fresh, prepared or preserved meat hanging therefrom is not in contact with the walls or the floor.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.6.

6.7.1.7. Shelves-receptacles: Meat that is not hung must be placed on stainless metal shelves or in stainless, clean and washable receptacles.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.7.

6.7.1.8. The delicatessen plant must have cold storage facilities in which all of the meat or meat products held by the operator may be stored.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.8; O.C. 725-94, s. 44.

6.7.1.9. Meat must not be exposed outside cold storage facilities longer than is necessary for cutting and preparation operations.

Unwrapped meat or meat products held for retail purposes must be protected against handling by the public.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.9; O.C. 725-94, s. 45.

6.7.1.10. The floors of the rooms in which meat or meat products are prepared or held must be cleaned daily and swept in a manner other than dry sweeping so as to avoid raising dust.

The floors of these rooms and of the preservation rooms must be free from dust, sawdust, salt or any other dry matter.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.10; O.C. 725-94, s. 46.

6.7.1.11. Retail sale of food: Food retailing undertakings holding meat or meat products must comply with the following conditions:

(a)  the place where meat or meat products are held must be separate from the place where other food products are held;

(b)  the aforesaid place must include refrigerated counters in which the temperature does not exceed 4ºC and which has separate areas exclusively reserved for the display and preserving of meat and meat products;

(c)  (paragraph revoked);

(d)  dry sausages and dried meat preparations may be hung on stainless steel hooks;

(e)  (paragraph revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.11; O.C. 725-94, s. 47.

6.7.1.12. Special trade: Persons who carry on special trading of meat and meat products on public roads or from door to door must comply with the following conditions:

(a)  they must keep the meat or meat products under refrigeration at a temperature not exceeding 4ºC until delivered to the consumer;

(b)  the special trade must be carried on either by means of an enclosed, impermeable booth of smooth, washable material or by means of a vehicle reserved only for the transport of meat or meat products and which meets the requirements of Division 6.8;

(c)  the said vehicles and booths must be provided with stalls equipped with washable slabs and enabling the meat to be set out or displayed without being handled by the public.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.12.

6.7.1.13. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.13; O.C. 725-94, s. 1.

6.7.1.14. Meat mincers: Devices used in the preparation of minced meat must be disassembled and cleaned after each day’s use.

The preparation of minced meat must be done only in the cold room.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.14.

6.7.1.15. Containers, packages or other wrappings: Meat or meat products must be sold in a container, package envelope or any other wrapping meeting the requirements of section 3.2.1.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.15.

6.7.1.16. Thawing: Frozen meat or meat products undergoing a thawing process must:

(a)  thaw at a maximum room temperature of 4ºC;

(b)  be kept in that state until delivered to the customer; and

(c)  be directly marked or bear on their packaging an indication to the effect that it is a thawed product.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.1.16; O.C. 725-94, s. 48.

§ 6.7.2.  — Storage

6.7.2.1. Cold storage depot: The operator of a cold storage depot who receives, for purposes of preservation, carcasses, meat or meat products intended for human consumption must keep them in the frozen state at a temperature not higher than minus 18ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.2.1.

6.7.2.2. Equipment of cold storage depot: The cold storage depot used to preserve carcasses, meat or meat products intended for human consumption must be equipped with:

(a)  separate compartments for preserving in individual sectors:

i.  carcasses, meat or meat products from a slaughterhouse or a wholesale delicatessen plant whose operator holds a permit under the Act;

ii.  carcasses, meat or meat products from a slaughterhouse or a wholesale delicatessen plant registered under the Meat Inspection Act (R.S.C. 1985, c. 25 (1st Suppl.));

(b)  thermographs or recording thermometers in every compartment in which carcasses, meat or meat products are stored; and

(c)  stainless metal or hardwood wall racks and a clean floor, shock resistant and so equipped that the product is maintained in a frozen condition at a temperature not higher than minus 18ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.2.2.

6.7.2.3. Content of compartments: The compartments contemplated in paragraph a of section 6.7.2.2 shall contain only carcasses, meat or meat products fit for human consumption derived exclusively from establishments contemplated in subparagraphs i and ii of the said paragraph a.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.2.3.

6.7.2.4. Storage labels: Carcasses, meat or meat products stored in a cold storage depot must be grouped in lots and each lot must bear a storage label indicating legibly the date of receipt and the number of the lot corresponding to the entries in registers kept by the warehouser in conformity with sections 2.2.5 and 2.2.6.

R.R.Q., 1981, c. P-29, r. 1, s. 6.7.2.4.

DIVISION 6.8

TRANSPORT OF ANIMALS, MEAT OR MEAT PRODUCTS

6.8.1. Animals. Design of vehicle: A vehicle used for the transport of animals intended for slaughtering must be designed to permit the loading and unloading of animals and have a fixed roof or an impermeable canvas cover.

The floor must be constructed in such a way as to prevent animals from slipping and be covered, throughout the trip, with a layer of sawdust or straw.

R.R.Q., 1981, c. P-29, r. 1, s. 6.8.1.

6.8.2. Ventilation and space: The vehicle used to transport animals must be ventilated.

During transport in the same vehicle, large animals must be separated from small ones.

If the animals are fastened or tied to one another, it must be done in such a way that they may lie down without being crowded together.

R.R.Q., 1981, c. P-29, r. 1, s. 6.8.2.

6.8.3. Watering — feeding — cleaning: Every carrier must water and feed the animals in his care at least every 12 hours.

After each trip, he must clean and disinfect the vehicle used for the transport of animals and also the equipment used for loading.

R.R.Q., 1981, c. P-29, r. 1, s. 6.8.3.

6.8.4. Prohibited transport: Carcasses, meat or meat products must be transported only in a vehicle which has not been used for the transport of live animals or of a product liable to spoil or contaminate such carcasses, meat or meat products.

R.R.Q., 1981, c. P-29, r. 1, s. 6.8.4.

6.8.5. Meat. Construction of vehicle: A vehicle intended for the transport of meat or meat products must meet the following requirements:

(a)  the inside walls or any other part which may come in contact with the meat or meat products must permit of cleansing and disinfecting and be of smooth and non-corrosive material in order not to affect the organoleptic properties of the meat or meat products or render them harmful to human health;

(b)  it must be airtight and watertight and so constructed as to prevent the presence of insects and dust;

(c)  in the case of fresh or refrigerated meat transported as carcasses, halves or quarters, it must be provided with non-corrosive suspension equipment and arranged so that the meat will not come in contact with the floor of the vehicle; this provision does not apply to frozen meat packed in conformity with paragraph b of section 6.8.6;

(d)  it must be entirely enclosed and open only during loading and unloading;

(e)  it must be designed and equipped so that the internal temperature of the meat does not exceed 7ºC until delivery, except in the case of frozen meat where the surrounding temperature must be such as to keep the product frozen.

R.R.Q., 1981, c. P-29, r. 1, s. 6.8.5.

6.8.6. Conditioning during transport: The conditioning of meat during transport must be such as to protect the meat from spoiling or contamination and must conform with the following:

(a)  fresh or refrigerated meat transported as carcasses, halves or quarters must be hung or placed on non-corrosive supports so that it will not come in contact with the floor of the vehicle; in every case, it must be wrapped unless it is delivered to a slaughterhouse, a wholesale delicatessen plant or a meat cannery operated under permit;

(b)  frozen meat transported as carcasses, halves or quarters must be wrapped;

(c)  edible viscera and meat other than that contemplated in paragraphs a and b must be placed in containers or wrappings of non-corrosive material;

(d)  the containers or wrappings contemplated in paragraph c must be cleaned and disinfected before reuse;

(e)  wrappings for edible viscera must be air-tight and shock resistant;

(f)  blood or a component thereof in its hermetically tight package must be placed in a container that is shock resistant, washable and non-corrosive.

R.R.Q., 1981, c. P-29, r. 1, s. 6.8.6.

6.8.7. Transport personnel: All persons who handle meat or meat products must wear clean working clothes and avoid contaminating the meat or meat products.

R.R.Q., 1981, c. P-29, r. 1, s. 6.8.7.

6.8.8. Cleaning of the vehicle: The vehicle used in the transport of meat or meat products must be cleaned and disinfected so as to be clean at loading.

R.R.Q., 1981, c. P-29, r. 1, s. 6.8.8.

DIVISION 6.9

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, c. 6, div. 6.9; O.C. 725-94, s. 49.

6.9.1. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.9.1; O.C. 725-94, s. 49.

6.9.2. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.9.2; O.C. 725-94, s. 49.

6.9.3. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.9.3; O.C. 725-94, s. 49.

6.9.4. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.9.4; O.C. 725-94, s. 49.

6.9.5. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.9.5; O.C. 725-94, s. 49.

6.9.6. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 6.9.6; O.C. 725-94, s. 49.

CHAPTER 7

INEDIBLE MEAT

R.R.Q., 1981, c. P-29, r. 1, c. 7; O.C. 477-2010, s. 1.

DIVISION 7.1

GENERAL PROVISIONS

7.1.1. Inedible meat: For the purposes of the Act and of this Regulation, the expression “inedible meat” means the following products:

(A)  The carcass or any part of an animal that died from natural causes or following an accident or that, with the exception of an animal referred to in section 1 of the Act respecting the conservation and development of wildlife (chapter C-61.1), was not slaughtered in accordance with the provisions of Chapter 6.

(B)  By-products:

(a)  any part of an animal or meat product that:

i.  is not intended for human consumption; or

ii.  is or has been in a dismembering plant or in a storage depot mentioned in section 7.6.2; or

iii.  is put or has been put in the same rooms or vehicles as products or substances that might spoil or contaminate it, in a room or compartment for wastes, or in a container referred to in section 6.4.1.16, 7.3.10, 7.4.14, 9.3.1.14 or 10.3.1.16, or in the room for keeping products or carcasses prescribed in subparagraph 2 of the first paragraph of section 9.5.3; or

(b)  the carcass or any part of meat or offal from an animal suffering from a disease mentioned in Table 6.6.A; or

(c)  the waste from the slaughterhouse including any part of an animal; or

(d)  the waste from delicatessen plant operations or from meat canning operations including any part of an animal, or a meat product;

(C)  Oil: the oil or fat including, in whole or in part, the animals or parts thereof mentioned in subparagraph d of paragraph B, except the oil or fat salvaged or received for purposes other than feeding animals.

R.R.Q., 1981, c. P-29, r. 1, s. 7.1.1; O.C. 1055-82, s. 12; S.Q. 1983, c. 39, s. 184; O.C. 1057-92, s. 1; O.C. 1305-93, s. 16; O.C. 477-2010, s. 1; O.C. 1187-2011, s. 8.

7.1.2. Dismembering plant: For the purposes of the Act and of this Regulation, the expression “animal dismembering plant” or “dismembering plant” means any establishment and outside buildings where a dead animal referred to in paragraph A of section 7.1.1 is skinned or eviscerated or where inedible meat is cut up, boned, prepared, processed, treated, received or conditioned.

R.R.Q., 1981, c. P-29, r. 1, s. 7.1.2; O.C. 477-2010, s. 1.

7.1.2.1. For the purposes of this Regulation, “elimination site” means any landfill or incineration facility governed respectively by Chapters II and III of the Regulation respecting the landfilling and incineration of residual materials (chapter Q-2, r. 19) and any other incinerator whose operator is authorized to burn carcasses or parts of animals under section 22 of the Environment Quality Act (chapter Q-2).

O.C. 854-98, s. 6; O.C. 466-2005, s. 1.

7.1.3. Denaturant: The term “denaturant” means a marking agent consisting in an aqueous solution containing a volume of at least 75% of particulate charcoal ground to a maximum size of 1 mm.

R.R.Q., 1981, c. P-29, r. 1, s. 7.1.3.

7.1.4. Salvager: The term “salvager” means any person who salvages from the original possessor and holds, for purposes of sale, in the raw state, inedible meat without holding a dismembering plant permit while being subject to subparagraph d of the first paragraph of section 9 of the Act.

R.R.Q., 1981, c. P-29, r. 1, s. 7.1.4; O.C. 477-2010, s. 1.

7.1.5. Identification of a dismembering plant: A dismembering plant must be identified by a sign installed on the front of the plant and bearing in indelible, legible and conspicuous letters at least 10 cm high, the inscription “inedible meat plant”, or, in the case of a plant where only the inedible meat mentioned in paragraph C of section 7.1.1 is conditioned, the expression “inedible oil plant”.

Notwithstanding the first paragraph, an elimination site at which sheep or goat inedible meat is received need not be identified by such a sign.

This inscription may also be accompanied by the expression “rendering plant” in the case of a dismembering plant operated under a “rendering plant” category permit.

The inscription shall be in bold-type letters of the same colour and character. The letters must be of a colour different from that of the sign.

R.R.Q., 1981, c. P-29, r. 1, s. 7.1.5; O.C. 854-98, s. 7; O.C. 477-2010, s. 1.

7.1.6. Animal admitted to a dismembering plant: An animal admitted, received or held in a dismembering plant, its outbuildings or on the lot occupied by this plant, for purposes of processing into inedible meat, must be dead and it is prohibited for the operator to slaughter an animal on these premises.

Despite the first paragraph, an animal admitted, received or held in a dismembering plant in the “composting” category must be dead before it enters the composting facility.

R.R.Q., 1981, c. P-29, r. 1, s. 7.1.6; O.C. 1122-2004, s. 5; O.C. 477-2010, s. 1.

7.1.7. Exclusiveness of operations: The skinning or evisceration operation of an animal mentioned in paragraph A of section 7.1.1 or any operation of dismembering, boning, preparation, processing, treatment, receiving or conditioning of inedible meat must be done only in a dismembering plant in conformity with this Regulation and to the exclusion of any slaughterhouse, delicatessen plant, or cannery of meat intended for human consumption where the operator must refrain from making or preventing the carrying on of this type of operation.

Notwithstanding the first paragraph, the operator of an elimination site may receive sheep or goat inedible meat.

However, a farm producer may skin a dead animal from his own livestock to salvage its skin for industrial purposes before disposing of it in accordance with section 7.3.1.

R.R.Q., 1981, c. P-29, r. 1, s. 7.1.7; O.C. 854-98, s. 8; O.C. 477-2010, s. 1; O.C. 1187-2011, s. 9.

7.1.8. Holding of inedible meat in a plant for meat fit for human consumption: Subject to sections 6.4.1.16, 6.4.2.9 and 6.4.4.10, inedible meat held by the operator of a slaughterhouse or meat cannery or by the manufacturer, preparer, conditioner, vendor or food storage operator must be placed only in a receptacle or in a cold room or another room or compartment used for purposes other than holding or storing meat or meat products intended for human consumption.

The person mentioned in the first paragraph must hold the said inedible meat only for the purpose of disposing of it and having it salvaged by the operator of a dismembering plant or a salvager without selling, preparing, processing, or otherwise conditioning it for the purpose of selling it to a person other than the said operator or salvager.

Notwithstanding the second paragraph, the person referred to therein may ship sheep or goat inedible meat to an elimination site or may deliver such meat to a person carrying out the collection or removal of residual materials to be shipped solely to an elimination site.

R.R.Q., 1981, c. P-29, r. 1, s. 7.1.8; O.C. 854-98, s. 9; O.C. 477-2010, s. 1; 1463-2022O.C. 1463-2022, s. 31.

7.1.9. Use of inedible meat: Inedible meat must be kept and used exclusively for animal food, for use other than human consumption or for industrial use not related to the human food industry.

Notwithstanding the first paragraph, sheep or goat inedible meat may be kept for elimination purposes at an elimination site.

R.R.Q., 1981, c. P-29, r. 1, s. 7.1.9; O.C. 854-98, s. 10; O.C. 477-2010, s. 1.

DIVISION 7.2

CONSTRUCTION, EQUIPMENT AND INSTALLATION STANDARDS FOR DISMEMBERING PLANTS

7.2.1. A dismembering plant operated under the “raw meat” category permit must be located on the lot of the operator’s mink ranch, fox ranch, kennel or zoo or on an adjoining lot.

A dismembering plant operated under the “composting” category permit by a goat or sheep producer must be located on the lot of the raising site or on an adjoining lot.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.1; O.C. 1122-2004, s. 6; O.C. 1187-2011, s. 10.

7.2.2. Size of the site: The site occupied by a dismembering plant must permit:

(a)  access for the receiving of inedible meat and for the shipping of meal, oils, fat or industrial by-products or meat or canned meat, as the case may be, intended for feeding animals;

(b)  the separation of clean and dirty routes outside the buildings.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.2; O.C. 477-2010, s. 1.

7.2.3. Clean and dirty sectors: The arrangement of the rooms and various buildings which comprise the dismembering plant must be such as to ensure separation of the dirty operations sector, where carcasses and inedible meat arrive, from the clean operations sector where sterilized materials or products intended for feeding animals are treated and kept.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.3; O.C. 477-2010, s. 1.

7.2.4. Dismembering plant. Rendering plant. Rooms: The dismembering plant operated under a “rendering plant” category permit must include:

(a)  a receiving room for inedible meat;

(b)  a treatment room for processing inedible meat into meal, fat, oils, fertilizer preparations or other industrial by-products;

(c)  a storage room or tank for finished products or by-products. This tank may be located outside the plant;

(d)  sanitary rooms including a restroom with a drinking fountain, sinks and lavatories for the staff;

(e)  an installation for the purification of waste water in conformity with the regulations in force and, where applicable, a trap for organic fat, installed in the dirty sector or outside the dismembering plant;

(f)  a machine room or a separate sector including an area for the installation of the heating system, compressors and electric distribution panels and an area for the repair and mechanical maintenance of the equipment;

(g)  a compartment for storing cleaning, washing and sanitizing material.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.4; O.C. 477-2010, s. 1.

7.2.5. Dismembering plant. Relay. Rooms: The dismembering plant operated under a “relay” category permit must include:

(a)  a room for receiving, keeping and shipping inedible meat; and

(b)  a machine room or separate sector including an area for the installation of the heating system, compressors and electric distribution panels and an area for the repair and mechanical maintenance of the equipment.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.5; O.C. 477-2010, s. 1.

7.2.6. Dismembering plant. Animal food cannery. Rooms: The dismembering plant operated under an “animal food cannery” category permit must include:

(a)  a main room including:

i.  a receiving sector for inedible meat;

ii.  a manufacturing sector with separate areas for the preparation and conditioning preceding sealing, for the sealing, for retorts and for the packaging and labelling of canned products; and

iii.  an area for storing and shipping canned meat with a separate area for storing dry raw materials;

(b)  a refrigerated room at a temperature of between 0ºC and 4ºC and, where applicable, a freezing room with a maximum temperature of minus 18ºC for preserving frozen products;

(c)  a room or compartment for the storage of spices, ingredients and other additives or preservatives;

(d)  a waste cold storage room or compartment with a maximum temperature of 7ºC for keeping unused viscera and bones intended for a dismembering plant provided for in sections 7.2.4 or 7.2.5. This room must be equipped with a door opening on the outside of the plant;

(e)  sanitary rooms including a restroom with a drinking fountain, sinks, clothes lockers and lavatories for the use of the staff;

(f)  an installation for the purification of waste water in conformity with the regulations in force and, where applicable, a trap for organic fat, installed in the dirty sector or outside the dismembering plant;

(g)  a machine room or a separate sector with an area for the heating installation system, compressors and electric distribution panels and an area for the repair and mechanical maintenance of the equipment;

(h)  a compartment for storing cleaning, washing and sanitizing material;

(i)  (subparagraph revoked).

The waste room or compartment provided for in subparagraph d of the first paragraph does not have to be refrigerated, provided the waste is removed from it daily.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.6; O.C. 725-94, s. 50; O.C. 477-2010, ss. 1 and 11.

7.2.7. Dismembering plant. Depot. Rooms: The dismembering plant operated under a “depot” category permit must include:

(a)  a treatment room with separate areas for the receiving, skinning and evisceration and for the conditioning and colouring of inedible meat;

(b)  a refrigerated room with a temperature between 0ºC and 4ºC or, where applicable, a freezing room with a maximum temperature of minus 18ºC for preserving frozen products;

(c)  a waste room or compartment refrigerated at a maximum temperature of 7ºC for keeping skins and unused viscera and bones intended for a dismembering plant provided for in sections 7.2.4 or 7.2.5. This room or compartment may be replaced by a separate area reserved for these purposes, inside the room provided for in subparagraph b. The part of this area reserved for skins must be partitioned by a 1 m wall;

(d)  sanitary rooms equipped with sinks and lavatories for the use of the staff;

(e)  an installation for the purification of waste water in conformity with the regulations in force and, where applicable, a trap for organic fat, installed in the dirty sector or outside the dismembering plant;

(f)  a machine room or a separate sector including an area for the installation of heating apparatus, compressors and electric distribution panels and an area for the repair and mechanical maintenance of the equipment;

(g)  a compartment for storing cleaning, washing, and sanitizing material.

The waste room or compartment provided for in subparagraph c of the first paragraph does not have to be refrigerated, provided the waste is removed daily and the skins are not kept therein.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.7; O.C. 725-94, s. 50; O.C. 477-2010, s. 1.

7.2.8. Dismembering plant. Boning. Rooms: The dismembering plant operated under a “boning” category permit must include:

(a)  a room including:

i.  a receiving sector for inedible meat;

ii.  a treatment sector with separate areas for skinning and eviscerating and for cutting up, boning and colouring the meat; and

iii.  a sector for storing packagings and for shipping packaged products;

(b)  a refrigerated room with a temperature between 0ºC and 4ºC or, where applicable, a freezing room with a maximum temperature of minus 18ºC for preserving frozen products;

(c)  a waste room or compartment refrigerated at a maximum temperature of 7ºC for preserving unused skins, viscera and bones intended for a dismembering plant provided for in sections 7.2.4 or 7.2.5. This room or compartment may be replaced by a separate area reserved for these purposes, inside the room provided for in subparagraph b. The part of this area reserved for skins must be equipped with a 1 m wall;

(d)  sanitary rooms equipped with sinks and lavatories for the use of the staff;

(e)  an installation for the purification of waste water in conformity with the regulations in force and, where applicable, a trap for organic fat, installed in the dirty sector or outside the dismembering plant;

(f)  a machine room or a separate sector including an area for the installation of heating apparatus, compressors, and electric distribution panels and an area for the repair and mechanical maintenance of the equipment;

(g)  a compartment for storing cleaning, washing and sanitizing material;

(h)  (subparagraph revoked).

The waste room or compartment provided for in subparagraph c of the first paragraph does not have to be refrigerated, provided the waste is removed daily and the skins are not kept therein.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.8; O.C. 725-94, s. 50; O.C. 477-2010, ss. 1 et 12.

7.2.9. Dismembering plant. Raw meat. Rooms: The dismembering plant operated under a “raw meat” category permit must include:

(a)  a treatment room including separate areas for receiving inedible meat, for skinning and evisceration and for dismembering, boning, cutting up and colouring the meat;

(b)  a refrigerated room with a temperature between 0 ºC and 4 ºC or, where applicable, a freezing room with a maximum temperature of minus 18 ºC for preserving frozen products;

(c)  a refrigerated room or compartment with a maximum temperature of 7 ºC for keeping skins and unused viscera and bones intended for a dismembering plant provided for in sections 7.2.4 and 7.2.5. This room or compartment may be replaced by a separate area reserved for this purpose, inside the room provided for in subparagraph b. The part of this area reserved for skins must be partitioned by a 1-m wall;

(d)  sanitary rooms including sinks and lavatories for the use of the staff;

(e)  an installation for the purification of waste water in conformity with the regulations in force and, where applicable, a trap for organic fat, installed in the dirty sector or outside the dismembering plant;

(f)  a machine room or a separate sector including an area for the installation of the heating system, compressors, and electric distribution panels and an area for the repair and mechanical maintenance of the equipment;

(g)  a compartment for storing cleansing, washing and sanitizing material.

The room or compartment provided for in subparagraph c of the first paragraph does not have to be refrigerated, provided it is emptied daily and skins are not kept therein.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.9; O.C. 725-94, s. 50; O.C. 477-2010, s. 1.

7.2.10. Dismembering plant. General preparation. Rooms: The dismembering plant operated under a “general preparation” category permit must include:

(a)  a room including:

i.  a receiving sector for inedible meat;

ii.  a preparation sector with separate areas for the selection, conditioning and colouring of the meat;

iii.  a shipping sector for packaged products; and

iv.  a storing sector for packagings;

(b)  a refrigerated room with a temperature between 0ºC and 4ºC or, where applicable, a freezing room with a maximum temperature of minus 18ºC for preserving frozen products;

(c)  where applicable, a waste cold storage room with a maximum temperature of 7ºC for keeping unused bones and viscera intended for a dismembering plant provided for in sections 7.2.4 or 7.2.5. This room or compartment may be replaced by a separate area for this purpose, inside the room provided for in subparagraph b;

(d)  sanitary rooms including sinks and lavatories for the use of the staff;

(e)  an installation for the purification of waste water in conformity with the regulations in force and, where applicable, a trap for organic fat, installed in the dirty sector or outside the dismembering plant;

(f)  a machine room or separate sector including an area for the installation of the heating system, compressors and electric distribution panels and an area for the repair and mechanical maintenance of the equipment;

(g)  a compartment for storing cleansing, washing and sanitizing material;

(h)  (subparagraph revoked).

The waste room or compartment provided for in subparagraph c of the first paragraph does not have to be refrigerated, provided the waste is removed from it daily.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.10; O.C. 725-94, s. 50; O.C. 477-2010, ss. 1 and 13.

7.2.11. Dismembering plant. Special preparation. Rooms: The dismembering plant operated under a “special preparation” category permit must include:

(a)  a treatment room with separate areas for receiving inedible meat, for the preparation, conditioning and colouring of the meat, for storing packagings and for shipping packaged products;

(b)  a refrigerated room with a temperature between 0ºC and 4ºC, or where applicable, a freezing room with a maximum temperature of minus 18ºC for preserving frozen products;

(c)  a refrigerated room or compartment with a maximum temperature of 7ºC for keeping unused viscera and bones intended for a dismembering plant provided for in section 7.2.4 or 7.2.5. This room or compartment may be replaced by a separate area for this purpose, inside the room provided for in subparagraph b;

(d)  sanitary rooms with sinks and lavatories for the use of the staff;

(e)  an installation for the purification of waste water in conformity with the regulations in force and, where applicable, a trap for organic fat, installed in the dirty sector or outside the dismembering plant;

(f)  a machine room or a separate sector including an area for the installation of the heating system, compressors and electric distribution panels and an area for the repair and mechanical maintenance of the equipment;

(g)  a compartment for storing cleansing, washing and sanitizing material.

The room or compartment provided for in subparagraph c of the first paragraph does not have to be refrigerated, provided the waste is removed from it daily.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.11; O.C. 725-94, s. 50; O.C. 477-2010, s. 1.

7.2.11.1. A dismembering plant operated under a “composting” category permit must have a composting facility with

(a)  an impervious concrete platform designed so that runoff from rain and snow flows outside the facility and the leachate resulting from the composting is retained inside the facility;

(b)  a roof with cornices to prevent rain and snow from entering the facility;

(c)  primary and secondary composting areas each having a maximum height of 1.8 m; and

(d)  a structure that prevents access to the facility by live animals.

Despite the first paragraph, the dismembering plant may have a composting facility different from the facility required by that paragraph, such as a rotating compost drum, if the facility

(a)  is sufficiently resistant to withstand the operations necessary to the composting process;

(b)  ensures that runoff from rain and snow flows outside the facility;

(c)  ensures that the leachate from the composting is retained inside the facility; and

(d)  prevents access to the facility by live animals.

O.C. 1122-2004, s. 7; O.C. 1023-2006, s. 3.

7.2.12. Sanitary room and machine room. Location: The dismembering plant need not include sanitary rooms and a machine room if rooms for the same purposes, situated in another building erected on the premises of the plant or on an adjoining lot, are for the use of the operator and his staff.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.12.

7.2.13. Lay-out of the receiving room: The receiving room of the dismembering plant must meet the following conditions:

(a)  the floor must be waterproof and equipped with a grid opening for the disposal of washing water;

(b)  the inside space of the room must be arranged so as to permit, in the event of a sudden stop in treatment operations, the receiving of all raw material or inedible meat delivered to the plant.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.13; O.C. 477-2010, s. 1.

7.2.14. Hoist: The room provided for in subparagraph a of the first paragraph of section 7.2.7 or of section 7.2.8 must be equipped with a mechanical or manual hoist for handling carcasses.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.14.

7.2.15. Availability of the denaturant: The operator of the dismembering plant operated under a permit other than a “rendering plant” or “composting” category permit must constantly keep in the plant at his or at the inspector’s disposal the denaturant used to colour inedible meat in conformity with section 7.4.5.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.15; O.C. 1122-2004, s. 8; O.C. 477-2010, s. 1.

7.2.16. Cannery room. Equipment: The cannery sector provided for in subparagraph ii of subparagraph a of the first paragraph of section 7.2.6 must include:

(a)  a pressure cooker or meat boiler if cooking is not done during retort processing;

(b)  a hood and electric fan to exhaust fumes and steam;

(c)  a sealer;

(d)  one or more retorts with thermographs, thermometers, pressure gauges and time-clocks;

(e)  a pedal-operated sink with a knife sterilizer;

(f)  a pressure vessel for cleansing with steam or water heated to 82ºC;

(g)  an incubator for the incubation of canned products at a temperature of 37ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.16.

7.2.17. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.17; O.C. 477-2010, s. 14.

7.2.18. Lighting of rooms: Rooms where inedible meat is prepared, processed, conditioned or sold must be equipped with lighting of at least 50 decalux.

If all other rooms, lighting may be reduced to 20 decalux.

This section does not apply to a dismembering plant referred to in section 7.2.11.1.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.18; O.C. 1122-2004, s. 9; O.C. 477-2010, s. 1.

7.2.19. Ventilation of rooms: Unrefrigerated work rooms and sanitary rooms must be equipped with an adequate ventilation system ensuring air renewal as follows:

(a)  5 times per hour in the case of dismembering plants contemplated in sections 7.2.4 and 7.2.6;

(b)  once per hour in the case of dismembering plants mentioned in sections 7.2.5 and 7.2.7 to 7.2.11.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.19.

7.2.20. Tools and utensils: Work tools, utensils and appliances must be free from corrosion.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.20.

7.2.21. Floors, walls and ceilings: The rooms of a dismembering plant must comply with the following conditions:

(a)  floors must be shock-resistant, impermeable, washable and non-slippery. They must have a slope of 2 cm/m towards drains and have drainage pipes with a diameter of at least 10 cm and equipped with a grid opening of at least 9 dm2 for the drainage of washing water;

(b)  walls must be faced with impermeable, smooth and rot-proof material;

(c)  walls other than those of the sector mentioned in subparagraph iii of subparagraph a of the first paragraph of section 7.2.6 or those of the refrigeration or freezing room of the dismembering plants operated under an “animal food cannery”, “general preparation” or “special preparation” category permit, shall be faced with shock-resistant materials;

(d)  subparagraphs b and c apply to lavatory walls up to a height of 130 cm from the floor level.

This section does not apply to a dismembering plant referred to in section 7.2.11.1.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.21; O.C. 1122-2004, s. 10.

7.2.22. Sanitary rooms: The sanitary rooms of each dismembering plant must be equipped with hot and cold running water and devices for disinfecting, wiping or drying hands.

Hand towels must be disposed of in the refuse-bin after being used once.

The lavatories and sinks must open directly on rooms other than work rooms.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.22.

7.2.23. Water supply: A dismembering plant must be equipped with a pressurized drinking water system.

Pressurized hot and cold water outlets must be installed and equipped for washing, cleaning or disinfecting rooms, equipment, work utensils and vehicles used for collecting and salvaging.

This section does not apply to a dismembering plant referred to in section 7.2.11.1.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.23; O.C. 1122-2004, s. 11.

7.2.24. Hot water temperature: Hot water used for cleaning rooms and equipment, including vehicles and utensils must be at a minimum temperature of 82ºC.

R.R.Q., 1981, c. P-29, r. 1, s. 7.2.24.

7.2.24.1. The dismembering plant in the “composting” category must have a thermometer capable of accurately measuring the internal temperature of composting materials.

O.C. 1023-2006, s. 4.

7.2.25. This Division does not apply to an elimination site whose operator is referred to in section 1.3.4.10.

O.C. 854-98, s. 11.

DIVISION 7.3

COLLECTION AND SALVAGING OF INEDIBLE MEAT

R.R.Q., 1981, c. P-29, r. 1, Div. 7.3; O.C. 477-2010, s. 1.

7.3.1. A farm producer must, within 48 hours after the death of an animal of the producer’s livestock, dispose of the inedible meat from the animal, using one of the following methods:

(1)  incineration in a facility complying with the provisions of the Environment Quality Act (chapter Q-2);

(2)  salvaging by the operator of a dismembering plant or by a salvager;

(3)  in the case of inedible poultry or hog meat, delivery to a dismembering plant operated under a “composting” category permit;

(4)  in the case of inedible goat or sheep meat, shipping to an elimination site or delivery to a person carrying out the collection or removal of residual materials to be shipped solely to an elimination site;

(5)  burial in the producer’s agricultural operation in accordance with the following requirements:

(a)  the burial site is not situated within the high-velocity flood zone of a watercourse or body of water;

(b)  the burial site is situated not less than 75 m from any watercourse or body of water and 150 m from a drinking water intake on the surface or underground;

(c)  the bottom of the pit is situated above groundwater level and, before inedible meat is placed in the pit, covered entirely with quicklime or an equivalent chemical;

(d)  inedible meat is placed under the natural level of the ground at the edges of the pit and is immediately covered with quicklime or an equivalent chemical and with a layer of earth at least 60-cm thick;

(e)  the ground is levelled.

Despite the first paragraph, the producer may keep the meat under refrigeration for not more than 14 days following the death of the animal or under deep freezing for not more than 240 days following that date, provided that the inedible meat is placed under refrigeration or deep freezing at the agricultural operation where the animal died, kept in such manner that animals may not come into contact with the meat and provided that the meat is not in decomposition. The producer must immediately dispose of all inedible meat that does not comply with one of those requirements.

For the purposes of this section, “watercourse or body of water” includes ponds, marshes and swamps but excludes all intermittent streams.

R.R.Q., 1981, c. P-29, r. 1, s. 7.3.1; O.C. 854-98, s. 12; O.C. 466-2005, s. 2; O.C. 477-2010, s. 1; O.C. 1187-2011, s. 11; 1463-2022O.C. 1463-2022, s. 41.

7.3.1.1. (End of effect).

O.C. 854-98, s. 12; O.C. 477-2010, s. 1; O.C. 1187-2011, s. 11; 488-2020O.C. 488-2020, s. 11.

7.3.1.2. Where there is a surplus of inedible meat that cannot, either within 48 hours after the death of an animal of a farm producer’s livestock or at the end of the refrigeration or deep freezing period provided for in the second paragraph of section 7.3.1, be disposed of in accordance with the means provided for in subparagraphs 1 to 4 of the first paragraph of that section, the farm producer may dispose of the inedible meat by any other means of elimination or reclamation of residual materials compliant with the Environment Quality Act (chapter Q-2) and the regulations.

Where, despite sections 7.4.3 and 7.4.4, there is a surplus of inedible meat that exceeds the daily capacity of the operator of a dismembering plant, the operator may disposed of the inedible meat by any other means of elimination or reclamation of residual materials compliant with the Environment Quality Act and the regulations. The operator may also use any of those means where the operator cannot dispose of waste, garbage and refuse in accordance with section 7.4.14.

The following persons may also use the other means of elimination or reclamation:

(1)  the operator of a dismembering plant who cannot dispose of inedible meat, garbage and refuse in accordance with the conditions set out in section 6.4.1.16;

(2)  the operator of a slaughterhouse, delicatessen plant, or cannery of meat governed by section 6.4.2.9, who cannot, within a reasonable period, dispose of inedible meat in accordance with that section;

(3)  a salvager who cannot, within a reasonable period, dispose of inedible meat that the salvager salvaged in accordance with section 7.3.3.

For the purposes of the first, second and third paragraphs, the disposal of inedible meat, waste, garbage and refuse must first be authorized by the Minister where the conditions set out in those paragraphs are met.

Except for a salvager and the operator of a dismembering plant, a person who collects or removes residual materials or delivers those materials to a site for the elimination or reclamation of residual materials compliant with the Environment Quality Act and the regulations and a person who operates the site are exempted, for the purposes of this section, from the requirement to hold the permits provided for in subparagraphs c and d of the first paragraph of section 9 of the Act. The persons are also exempted from the application of section 7.1.5, the sections of Division 7.2, sections 7.3.8 to 7.3.10 and the sections of Division 7.4.

O.C. 854-98, s. 12; O.C. 1187-2011, s. 11; 1216-2020O.C. 1216-2020, s. 11; I.N. 2020-12-10; 1463-2022O.C. 1463-2022, s. 51.

7.3.2. Exclusive right to salvage: Salvaging of inedible meat may be done solely by the operator of a dismembering plant or by a salvager.

Notwithstanding the first paragraph, the salvaging of sheep or goat inedible meat may be carried out by the operator of an elimination site or by a person carrying out the collection or removal of residual materials to be shipped solely to an elimination site.

R.R.Q., 1981, c. P-29, r. 1, s. 7.3.2; O.C. 854-98, s. 13; O.C. 477-2010, s. 1; 1463-2022O.C. 1463-2022, s. 61.

7.3.3. Delivery by the salvager: The salvager must deliver the meat he has salvaged only to dismembering plants whose operator holds a “rendering plant”, “relay” or “depot” category permit without unloading elsewhere than at such plants.

The salvager of inedible meat mentioned in paragraph A of section 7.1.1 must deliver it directly and exclusively to the dismembering plant whose operator holds a “rendering plant”, “relay” or “depot” category permit.

In the case of inedible meat mentioned in subparagraph b of paragraph B and paragraph C of section 7.1.1, the salvager must deliver it directly and exclusively to the dismembering plant whose operator holds a “rendering plant” or “relay” category permit.

Notwithstanding the first, second and third paragraphs, the salvager may ship directly to an elimination site sheep or goat inedible meat that he has salvaged.

The salvager may salvage from a dismembering plant whose operator holds a permit of the “depot” category, the inedible meat mentioned in subparagraphs c and d of paragraph B and paragraph C of section 7.1.1, provided they are delivered directly and exclusively to a dismembering plant whose operator holds a “rendering plant” or “relay” category permit. He may also salvage this meat from a dismembering plant whose operator holds a “relay” category permit, provided he delivers it directly and exclusively to a dismembering plant whose operator holds a “rendering plant” category permit.

R.R.Q., 1981, c. P-29, r. 1, s. 7.3.3; O.C. 854-98, s. 14; O.C. 477-2010, s. 1.

7.3.4. Availability of denaturant: In the vehicle used for his own transportation or the salvaging vehicle, the operator of a dismembering plant or the salvager must constantly have, at his disposal or at the inspector’s disposal the denaturant used to colour inedible meat in conformity with section 7.4.5.

R.R.Q., 1981, c. P-29, r. 1, s. 7.3.4; O.C. 477-2010, s. 1.

7.3.5. Only the following persons may hold inedible meat:

(1)  a salvager;

(2)  the operator of a dismembering plant;

(3)  the operator of a storage depot referred to in section 7.6.2;

(4)  in the case of inedible goat or sheep meat, the operator of an elimination site or a person carrying out the collection or removal of residual materials to be shipped solely to an elimination site;

(5)  subject to sections 6.4.1.16, 7.1.8 and 7.3.1, a farm producer and a person referred to in section 7.1.8.

R.R.Q., 1981, c. P-29, r. 1, s. 7.3.5; O.C. 854-98, s. 15; O.C. 477-2010, s. 1; O.C. 1187-2011, s. 12; 1463-2022O.C. 1463-2022, s. 71.

7.3.6. Means of transporting unfit meat: The transportation of inedible meat must be done in the bodies of trucks or in trailers or containers whose inside surfaces can be cleaned and disinfected and are of smooth, impermeable and non-corrosive material. If receptacles are used, they must be of similar material.

Truck bodies, trailers or containers must be enclosed on all 4 sides up to a height of at least 120 cm and, in order to avoid losses during transportation, their contents must not rise above the sides.

Truck bodies with a loading capacity of 500 kg need be enclosed only at the sides and front provided the rear is equipped with a tailgate.

All size truck bodies, trailers or containers containing inedible meat mentioned in paragraph C of section 7.1.1 must be enclosed on all 4 sides and the top must be covered so as to prevent any losses during transportation.

R.R.Q., 1981, c. P-29, r. 1, s. 7.3.6; O.C. 477-2010, s. 1.

7.3.7. Restriction on use of means of transport: The transportation of inedible meat must be done only in truck bodies, trailers or containers not used for the transport of live animals or of products intended for human consumption.

R.R.Q., 1981, c. P-29, r. 1, s. 7.3.7; O.C. 477-2010, s. 1.

7.3.8. Inscriptions on means of transport: Truck bodies and trailers or containers used for salvaging or for transporting inedible meat must bear on their sides or on removable panels, in legible and conspicuous indelible letters at least 10 cm high, the inscription “inedible meat” and the name and address of the operator of the dismembering plant or of the salvager and his permit number.

The first paragraph does not apply to truck bodies, or trailers or containers used for salvaging or transporting sheep or goat inedible meat.

The said inscription may also be accompanied by the expression “rendering plant” reserved exclusively for the identification of the means of transport of the holder of a dismembering plant permit of the “rendering plant” category.

The indications and inscriptions prescribed in this section must be in bold-type letters or figures of the same character and colour. The colour of the letters and figures must be different from that of the sides or removable panels.

R.R.Q., 1981, c. P-29, r. 1, s. 7.3.8; O.C. 854-98, s. 16; O.C. 477-2010, s. 1.

7.3.9. Cleaning and disinfecting of the means of transport: The cleaning and disinfecting of truck bodies, trailers, containers or receptacles used for salvaging or transporting inedible meat must be done immediately after unloading at the dismembering plant.

Notwithstanding the first paragraph, cleaning and disinfecting are not mandatory where sheep or goat meat is unloaded at an elimination site.

R.R.Q., 1981, c. P-29, r. 1, s. 7.3.9; O.C. 854-98, s. 17; O.C. 477-2010, s. 1.

7.3.10. Inscriptions on receptacles for restricted use: Receptacles used for bulk transport of inedible meat must bear on all their sides, in legible and conspicuous indelible letters at least 10 cm high, the inscription “inedible meat” and the name and address of the operator of the dismembering plant or of the salvager or his permit number.

The first paragraph does not apply to receptacles used for bulk transport of sheep or goat inedible meat.

The said receptacles may be used only for the transport of inedible meat.

Indications and inscriptions prescribed in this section must be in bold-type letters or figures of the same character and colour. The colour of the letters and figures must be different from that of the receptacles.

R.R.Q., 1981, c. P-29, r. 1, s. 7.3.10; O.C. 854-98, s. 18; O.C. 477-2010, s. 1.

7.3.11. List of persons responsible or salvagers: Together with his application for a permit or renewal of a permit, the operator of a dismembering plant must provide the Minister with a list of the names and addresses of his employees who are engaged in the salvaging of inedible meat and, where applicable, of every salvager with whom he does business. He must keep this list up-to-date and notify the Minister of any change therein without delay.

R.R.Q., 1981, c. P-29, r. 1, s. 7.3.11; O.C. 477-2010, s. 1.

7.3.12. List of dismembering plants: Together with his application for a permit or for renewal of a permit, a salvager must provide the Minister with a list of the names and addresses of his employees and of the operators of dismembering plants with whom he does business and who hold a “rendering plant”, “relay” or “depot” category permit. He must keep this list up-to-date and notify the Minister of any change therein without delay.

R.R.Q., 1981, c. P-29, r. 1, s. 7.3.12.

7.3.13. The operator of a dismembering plant or the salvager must, as soon as he or she salvages inedible meat referred to in paragraph A or in subparagraph b of paragraph B of section 7.1.1, enter the following information in a register:

(1)  the operator’s or salvager’s name and address, permit number and the registration number of the vehicle used;

(2)  the address of the salvaging site and, if applicable, the name of the preceding holder of inedible meat and his or her address, if different from the address of the salvaging site;

(3)  the date of salvaging;

(4)  for each species, the approximate weight of the inedible meat and the number of carcasses of more than 40 kg;

(5)  the identification number assigned under section 22.1 of the Animal Health Protection Act (chapter P-42) or under the Health of Animals Act (S.C. 1990, c. 21) to the animal from which the inedible meat comes;

(6)  for the salvager, the name and address of the operator of the dismembering plant or of the elimination site to which the inedible meat is sold or delivered and, for each species of inedible meat sold or delivered, the approximate weight and the number of carcasses of more than 40 kg.

The register must be kept in the vehicle used for salvaging until complete unloading. It must be kept for 7 years at the principal establishment of the operator or salvager, as the case may be.

The operator or salvager must send to the Minister the information referred to in the first paragraph within 6 months of the salvaging.

R.R.Q., 1981, c. P-29, r. 1, s. 7.3.13; O.C. 854-98, s. 19; O.C. 477-2010, s. 1; O.C. 1187-2011, s. 13.

DIVISION 7.4

OPERATIONAL STANDARDS FOR DISMEMBERING PLANTS

7.4.1. Conformity of operations: Operations carried out in a dismembering plant must be in conformity with the operations mentioned in Subdivision 1.3.4 respecting the category of permit held by the operator, and any other operation is prohibited.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.1.

7.4.2. Receiving of inedible meat: Any inedible meat received must be unloaded inside the receiving room except carcasses that can be received at the unloading dock.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.2; O.C. 477-2010, s. 1.

7.4.3. Holding of inedible meat before treatment: Inedible meat must be held in the receiving room or at the unloading dock only for the day of its receipt and, if it is not treated on that day, it must, except for the dismembering plant operated under a “relay” category permit, be put in the refrigerated room at a temperature between 0ºC and 4ºC.

Despite the first paragraph, inedible meat held by the operator of a dismembering plant referred to in section 7.2.11.1 must enter the composting facility within 24 hours after of the animal’s death.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.3; O.C. 725-94, s. 51; O.C. 1122-2004, s. 12; O.C. 1023-2006, s. 5; O.C. 477-2010, s. 1.

7.4.4. Limited quantity: The operator of a dismembering plant must receive at his plant only the quantity of inedible meat that can be treated, processed or conditioned in a day unless such plant has a refrigerated or freezing room.

Despite the first paragraph, the operator of a dismembering plant referred to in section 7.2.11.1 who holds inedible meat and cannot treat it in accordance with the second paragraph of section 7.4.3 must dispose of it using any other procedure authorized under section 7.3.1.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.4; O.C. 1122-2004, s. 13; O.C. 1023-2006, s. 6; O.C. 477-2010, s. 1.

7.4.5. Colouring: Using a denaturant, the operator of a dismembering plant must colour the inedible meat held in this plant except for that mentioned in paragraph C of section 7.1.1, save in the case of a dismembering plant operated under a “rendering plant”, “composting” or “animal food cannery” category permit, in which case the operator need colour such meat only if it is not used for processing upon receipt.

Carcasses must be slashed and skinned before they are coloured at the dismembering plant.

After being coloured, such meat must be put in the refrigerated or freezing room and preserved there until used.

Using a denaturant, the operator of a dismembering plant or the salvager shall also completely colour the inedible meat that he holds in a vehicle used for the transport mentioned in section 7.3.6, except meat mentioned in paragraph C of section 7.1.1 and the carcasses of unskinned animals.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.5; O.C. 1122-2004, s. 14; O.C. 477-2010, s. 1.

7.4.6. Holding of coloured inedible meat: Subject to section 7.4.5, only inedible meat and completely coloured with denaturant and coming from slashed carcasses may be held in a dismembering plant or by the operator of such a plant, in a storage depot mentioned in section 7.6.2, a vehicle used for the transport mentioned in section 7.3.6, in or for a mink ranch, fox ranch, kennel, zoo or any other place to be used for animal food.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.6; O.C. 477-2010, s. 1.

7.4.7. Preservation of inedible meat treated before canning: In the dismembering plant mentioned in section 7.2.6, meat must, after its treatment and as long as it is not canned, be placed in packagings or containers identified in accordance with section 7.3.10 and kept in the refrigerated room or the freezing room unless it is shipped to a storage depot mentioned in section 7.6.2.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.7; O.C. 477-2010, ss. 1 and 15.

7.4.8. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.8; O.C. 477-2010, s. 16.

7.4.9. Prohibition of operations respecting inedible meat: The carrying out of operations respecting inedible meat held by the operator of a dismembering plant or a salvager is subject to the following prohibitions:

(a)  in the case of the dismembering plant operated under a “depot” category permit, inedible meat must be held without being dismembered or boned and only meat that has not been dismembered or boned or carcasses cut in quarters may be held there;

(b)  in the case of the plant mentioned in paragraph a, dismembering, boning, grinding, or mincing operations are prohibited and the same applies to cutting up operations other than the cutting into pieces of animal carcasses or half or quarter carcasses;

(c)  in the case of the plant mentioned in paragraph a, preservation, shipping or delivery operations for unskinned and uneviscerated animal carcasses are prohibited and only skinned and eviscerated animal carcasses may be held there;

(d)  in the case of a dismembering plant operated under a “relay” category permit, skinning, evisceration, dismembering, boning, cutting up, grinding, mincing, preparation, or processing operations or any other treatment are prohibited;

(e)  in the case of the plant mentioned in paragraph d, the operations for collecting inedible meat mentioned in paragraph A of section 7.1.1 or for receiving the meat delivered by a person other than the operator of a dismembering plant holding a permit of the “depot” category or a salvager are prohibited;

(f)  in the case of the dismembering plant operated under a “rendering plant”, “animal food cannery”, “general preparation” or “special preparation” category permit, dismembering or boning operations are prohibited;

(g)  in the case of the dismembering plant operated under an “animal food cannery”, “general preparation” or “special preparation” category permit, the operations for collecting or receiving animal carcasses are prohibited;

(h)  in the case of a dismembering plant operated under a “general preparation” category permit, cutting up operations are prohibited;

(i)  in the case of the dismembering plant operated under a “boning” category permit, grinding, mincing or mixing operations are prohibited and it is also prohibited to bone meat in pieces bigger than 4.5 kg and only meat boned in pieces bigger than 4.5 kg may be held therein;

(j)  in the case of the plant mentioned in paragraph i, the operation of receiving unskinned and uneviscerated animal carcasses shipped or delivered by the operator of a dismembering plant holding a “depot” category permit is prohibited and the receiving of inedible meat from a salvager is also prohibited;

(k)  in the case of the dismembering plant operated under a “raw meat” category permit, the sales, shipping and delivery operations of inedible meat are prohibited;

(l)  in the case of a salvager, skinning, eviscerating, dismembering, boning, cutting up, grinding, mincing, preparation or processing operations or any other treatment are prohibited;

(m)  in the case of the dismembering plant operated under a “composting” category permit, sales, shipping and delivery operations in relation to inedible meat are prohibited.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.9; O.C. 1122-2004, s. 15; O.C. 477-2010, s. 1.

7.4.10. The operator of a dismembering plant must, as soon as he or she purchases or receives inedible meat, also enter the following information in the registers provided for in section 2.2.5:

(1)  for each species, the approximate weight of the inedible meat and a description of the meat, as well as the number of carcasses of more than 40 kg;

(2)  the identification number assigned under section 22.1 of the Animal Health Protection Act (chapter P-42) or under the Health of Animals Act (S.C. 1990, c. 21) to the animal from which the inedible meat comes.

The operator must send to the Minister the information referred to in the first paragraph and in section 2.2.5 within 6 months after purchasing or receiving the meat.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.10; O.C. 1122-2004, s. 16; O.C. 1023-2006, s. 7; O.C. 477-2010, s. 1; O.C. 1187-2011, s. 14.

7.4.10.1. The operator of a dismembering plant holding a “composting” category permit must keep a register specifying, for each section of composting inedible meat that he or she operates, the following information:

(1)  the date on which the inedible meat is introduced into the plant;

(2)  for each species, the approximate weight of inedible meat and the number of carcasses of more than 40 kg;

(3)  the internal temperature at intervals not exceeding 72 hours.

The register must be kept at the operator’s principal establishment for 1 year.

O.C. 1187-2011, s. 14.

7.4.11. The operator of a dismembering plant must, as soon as he or she sells or delivers processed oil or fat, also indicate in the registers provided for in section 2.2.6, the specific type of oil or fat.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.11; O.C. 1187-2011, s. 15.

7.4.12. Protection against pests: The dismembering plant must be free of dogs, cats, rodents, insects and other vermin.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.12.

7.4.13. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.13; O.C. 741-2008, s. 14.

7.4.14. Waste disposal and receptacles: Waste, garbage and refuse of all kinds must be immediately deposited into air-tight receptacles with a lid, placed in the work rooms of the dismembering plant and exclusively reserved for collecting materials not used in the preparation of the plant’s products.

The said receptacles must be emptied and cleaned at least once a day and their contents incinerated in an installation complying with the prescriptions of the Environment Quality Act (chapter Q-2) and the regulations made thereunder unless they are sent to be processed at a dismembering plant operated under a “rendering plant”, or “relay” category permit.

Where the contents of such receptacle are composed of sheep or goat inedible meat, they may be shipped to an elimination site or may be delivered to a person carrying out the collection or removal of residual materials to be shipped solely to an elimination site.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.14; O.C. 854-98, s. 20; O.C. 477-2010, s. 1; 1463-2022O.C. 1463-2022, s. 81.

7.4.15. Cleaning and disinfecting. Equipment. Material: The working equipment and materials must be washed, cleaned and disinfected at the end of the daily operations.

This section does not apply to a dismembering plant referred to in section 7.2.11.1.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.15; O.C. 1122-2004, s. 17.

7.4.16. Heat treatment: With the exception of meat intended, in the raw state, for a mink ranch, kennels, a zoo or a fox ranch, inedible meat intended for feeding animals must be subjected to a heat treatment at a minimum temperature of 104ºC for at least 20 minutes before being used for feeding animals or for making protein supplements.

R.R.Q., 1981, c. P-29, r. 1, s. 7.4.16; O.C. 477-2010, s. 1.

7.4.16.1. The operation of a composting facility by a dismembering plant referred to in section 7.2.11.1 and the use of the compost produced by the facility must comply with the Environment Quality Act (chapter Q-2) and the regulations thereunder.

O.C. 1122-2004, s. 18.

7.4.17. This Division does not apply to an elimination site whose operator is referred to in section 1.3.4.10.

O.C. 854-98, s. 21.

DIVISION 7.5

PACKAGING

R.R.Q., 1981, c. P-29, r. 1, Div. 7.5; O.C. 477-2010, s. 17.

7.5.1. The words “inedible meat” or “boned inedible meat”, as the case may be, must appear on the 4 sides of any inedible meat packaging, in indelible, legible and conspicuous characters at least 2 cm high.

A packaging of boned inedible meat must also indicate

(1)  the weight of its content;

(2)  the date of packaging or lot number;

(3)  the operator’s permit number; and

(4)  the operator’s name and address or, if the operator does not distribute the meat, the distributor’s name and address.

R.R.Q., 1981, c. P-29, r. 1, s. 7.5.1; O.C. 477-2010, s. 17.

7.5.2. The operator of a dismembering plant holding a permit of the “boning” or “general preparation” category must package the inedible meat before shipping or delivering it.

The packaging must be new and bear all the inscriptions provided for in section 7.5.1, even if it contains unboned meat.

R.R.Q., 1981, c. P-29, r. 1, s. 7.5.2; O.C. 477-2010, s. 17.

7.5.3. No inedible meat packaging may be reused to package inedible meat or food.

R.R.Q., 1981, c. P-29, r. 1, s. 7.5.3; O.C. 477-2010, s. 17.

7.5.4. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 7.5.4; O.C. 477-2010, s. 17.

7.5.5. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 7.5.5; O.C. 477-2010, s. 17.

7.5.6. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 7.5.6; O.C. 477-2010, s. 17.

7.5.7. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 7.5.7; O.C. 477-2010, s. 17.

7.5.8. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 7.5.8; O.C. 477-2010, s. 17.

7.5.9. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 7.5.9; O.C. 477-2010, s. 17.

7.5.10. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 7.5.10; O.C. 477-2010, s. 17.

7.5.11. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 7.5.11; O.C. 477-2010, s. 17.

7.5.12. (Replaced).

R.R.Q., 1981, c. P-29, r. 1, s. 7.5.12; O.C. 477-2010, s. 17.

DIVISION 7.6

STORAGE OF INEDIBLE MEAT

R.R.Q., 1981, c. P-29, r. 1, Div. 7.6; O.C. 477-2010, s. 1.

7.6.1. Storing: The operator of a dismembering plant who holds an “animal food cannery”, “boning”, “raw meat” or “general preparation” category permit may store inedible meat, that he has previously coloured with a denaturing solution, in a storage depot indicated in his application for a permit or renewal of a permit.

R.R.Q., 1981, c. P-29, r. 1, s. 7.6.1; O.C. 477-2010, s. 1.

7.6.2. Storage depot: The storage depot mentioned in section 7.6.1 must be used exclusively for the preservation of inedible meat and its operator must be registered with the Minister in accordance with section 8 of the Act and Division 1.2.

Such storage depot must be designated by a sign fixed on its front and bearing, in legible and conspicuous indelible letters at least 10 cm high, the inscription “inedible meat”.

The inscription must be in bold-type letters of the same character and colour. The colour of the letters must be different from that of the sign.

R.R.Q., 1981, c. P-29, r. 1, s. 7.6.2; O.C. 477-2010, s. 1.

7.6.3. Storage label: Inedible meat kept in a storage depot must bear a label or be placed in a wrapping bearing a label indicating:

(a)  the nature, exact quantity, origin and any special feature of the product;

(b)  the identity of the consignor or the owner of the product; and

(c)  the date of storage.

R.R.Q., 1981, c. P-29, r. 1, s. 7.6.3; O.C. 477-2010, s. 1.

DIVISION 7.7

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Div. 7.7; O.C. 477-2010, s. 1; O.C. 1187-2011, s. 16.

7.7.1. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 7.7.1; O.C. 477-2010, s. 1; O.C. 1187-2011, s. 16.

7.7.2. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 7.7.2; O.C. 1187-2011, s. 16.

7.7.3. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 7.7.3; O.C. 1187-2011, s. 16.

7.7.4. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 7.7.4; O.C. 1187-2011, s. 16.

7.7.5. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 7.7.5; O.C. 1187-2011, s. 16.

CHAPTER 8

MAPLE PRODUCTS AND SUBSTITUTES

DIVISION 8.1

GENERAL PROVISION

8.1.1. Definitions: In this Chapter, unless the context indicates otherwise,

(a)  “buyer” means a person who buys or receives from a maple grove operator a maple product in large containers for purposes of preparation, conditioning, processing or sale;

(b)  “sugar cabin” means a plant where the maple grove operator works at the concentration of maple sap or maple syrup;

(c)  “maple grove operator” means a person who operates a maple grove and who makes a maple product either on the premises of the maple grove, or in the rooms of his home, farm buildings or outbuildings;

(d)  “maker” means a person other than the maple grove operator who prepares, conditions, processes or packages a maple product to sell it;

(e)  “large container” means a maple product packaging or container larger than 5 litres or 5 kg;

(f)  “small container” means a maple product packaging or container not larger than 5 litres or 5 kg;

(g)  “main surface” means the surface of a container or label on which the name of the product is written and, where applicable, its trade mark or the picture reproducing it;

(h)  “maple product” means maple sap, maple syrup or any other product obtained by concentrating maple sap or maple syrup;

(i)  “maple sap” means sap coming exclusively from trees of the “Acer” botanic gender;

(j)  “maple syrup” means syrup obtained by concentrating maple sap or diluting or dissolving in drinking water a maple product other than maple sap;

(k)  “substitute” means any product which, by its external characteristics and use, offers a similarity with a maple product without coming exclusively from maple sap;

(l)  “maple sugar” means sugar obtained by concentrating maple sap or maple syrup;

(m)  “maple taffy” means taffy obtained by concentrating maple sap or maple syrup.

R.R.Q., 1981, c. P-29, r. 1, s. 8.1.1; 643-2016O.C. 643-2016, s. 11.

DIVISION 8.2

STANDARDS CONCERNING THE OPERATION OF MAPLE GROVES

8.2.1. Sugar cabin: The maple grove operator must concentrate maple sap inside a sugar cabin.

R.R.Q., 1981, c. P-29, r. 1, s. 8.2.1.

8.2.2. Cleanliness: The staff working for the maple grove operator and the rooms and equipment of the sugar cabin must be clean.

R.R.Q., 1981, c. P-29, r. 1, s. 8.2.2.

8.2.3. Equipment: The equipment used to collect, transport and store maple sap must be clean, free from corrosion, waste or mildew and made of non-toxic, smooth and washable materials.

R.R.Q., 1981, c. P-29, r. 1, s. 8.2.3; 643-2016O.C. 643-2016, s. 21.

8.2.4. Tools and utensils: Tools, utensils and work accessories used by the maple grove operator to make a maple product must be clean, free from corrosion, waste or mildew and made of non-toxic, smooth and washable materials.

The same rule applies to plates, vessels and utensils made available by a maple grove operator to a user for eating maple products at the sugar cabin or on the premises of the maple grove operation.

R.R.Q., 1981, c. P-29, r. 1, s. 8.2.4; 643-2016O.C. 643-2016, s. 21.

8.2.5. Drinking water: The maple grove operator must have drinking water available at the sugar cabin.

R.R.Q., 1981, c. P-29, r. 1, s. 8.2.5.

8.2.6. Ventilation: The sugar cabin must be ventilated so as to eliminate steam and smoke.

R.R.Q., 1981, c. P-29, r. 1, s. 8.2.6.

8.2.7. Meals at the sugar cabin: The maple grove operator or any restaurant operator must, from 15 February to 31 May, serve or sell, for eating at the sugar cabin or at the maple grove operation, only maple products or food other than maple substitutes.

R.R.Q., 1981, c. P-29, r. 1, s. 8.2.7; O.C. 419-90, s. 1.

8.2.8. Any restaurant operator or any other person who through publicity or advertising, offers meals similar to those offered in a sugar cabin or degustations of products suggesting maple products or products of the maple industry must offer for consumption during the serving or the degustation only maple products or food other than maple substitutes.

O.C. 419-90, s. 2.

DIVISION 8.3

STANDARDS RESPECTING THE OPERATION OF THE MAKER’S PLANT

8.3.1. General rules for the maker: The general provisions prescribed in Divisions 2.1 and 2.2 apply to the maker and his maple products plant.

R.R.Q., 1981, c. P-29, r. 1, s. 8.3.1.

DIVISION 8.4

MAPLE SYRUP CATEGORIES, COMPOSITION STANDARDS AND QUALITY STANDARDS

R.R.Q., 1981, c. P-29, r. 1, Div. 8.4; 643-2016O.C. 643-2016, s. 31.

8.4.0.1. The categories of maple syrup are

(1)  “Category A”;

(2)  “Processing Category”.

643-2016O.C. 643-2016, s. 41.

8.4.1. “Category A” maple syrup must meet the following requirements:

(a)  be produced exclusively by the concentration of maple sap or by the dilution or solution of a maple product, other than maple sap, in drinking water;

(b)  be clean, wholesome and edible;

(c)  be free from any objectionable odours or taste, or a taste unrelated to maple;

(d)  be free from sprout taste related to the presence of amino-acids;

(e)  not have undergone fermentation and be free from mould;

(f)  be free from viscous or ropy organic substances caused by a microbiological process;

(g)  have, in dry soluble extracts at 20°C, a minimum content of 66% and a maximum content of 68.9%.

(h)  (subparagraph revoked);

(i)  (subparagraph revoked).

“Category A” maple syrup must also meet the requirements in Schedule 8.A to this Regulation.

R.R.Q., 1981, c. P-29, r. 1, s. 8.4.1; 643-2016O.C. 643-2016, s. 511.

8.4.1.1. Maple syrup, other than “Category A” maple syrup, may be graded as “Processing Category” if it meets the following requirements:

(a)  be produced exclusively by the concentration of maple sap or the dilution or solution of a maple product, other than maple sap, in drinking water;

(b)  be clean, wholesome and edible;

(c)  have a minimum content in dry soluble extracts of 66% at 20°C.

643-2016O.C. 643-2016, s. 61.

8.4.2. Maple sap — maple syrup in large containers: Maple sap must be fit for human consumption.

R.R.Q., 1981, c. P-29, r. 1, s. 8.4.2; O.C. 643-2016, s. 7.

8.4.3. Other maple products: Any maple product other than maple sap or maple syrup must meet the following conditions:

(a)  be produced exclusively by the concentration of maple sap or maple syrup, or the dilution or solution of a maple product, other than maple sap, in drinking water;

(b)  be clean, wholesome and edible;

(c)  be free from any objectionable odours or taste, or a taste unrelated to maple;

(d)  be free from sprout taste related to the presence of amino-acids;

(e)  not have undergone fermentation and be free from mould;

(f)  be free from viscous or ropy organic substances caused by a microbiological process; and

(g)  be free from calcium malate precipitates;

(h)  (paragraph revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 8.4.3; 643-2016O.C. 643-2016, s. 811.

8.4.4. Maple syrup for retail: Maple syrup kept for retail must meet the requirements of section 8.4.1, even if it is not packaged in a small container.

Maple syrup served to patrons by a restaurant operator must meet the requirements of section 8.4.1.

R.R.Q., 1981, c. P-29, r. 1, s. 8.4.4; 643-2016O.C. 643-2016, s. 91.

8.4.5. Filtration: Maple syrup must be filtered during its preparation.

R.R.Q., 1981, c. P-29, r. 1, s. 8.4.5.

8.4.6. Processes to follow: The preparation, conditioning or processing of maple products may be done by adding drinking water without however using processes for decolouring, bleaching or refining it.

R.R.Q., 1981, c. P-29, r. 1, s. 8.4.6.

DIVISION 8.5

GRADING

R.R.Q., 1981, c. P-29, r. 1, Div. 8.5; 643-2016O.C. 643-2016, s. 101.

8.5.1. Maple syrup may be graded only on the following conditions:

(a)  meet the provisions of section 8.4.1 or 8.4.1.1;

(b)  in the case of maple syrup referred to in section 8.4.1, have determined its colour grade in accordance with Schedule 8.B.

Maple syrup must be graded by the maple grove operator or the maker.

R.R.Q., 1981, c. P-29, r. 1, s. 8.5.1; 643-2016O.C. 643-2016, s. 111.

8.5.2. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 8.5.2; O.C. 440-93, s. 1.

8.5.3. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 8.5.3; O.C. 419-90, s. 3; O.C. 440-93, s. 1.

8.5.4. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 8.5.4; O.C. 440-93, s. 1.

8.5.5. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 8.5.5; O.C. 419-90, s. 4; O.C. 440-93, s. 1.

8.5.6. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 8.5.6; O.C. 419-90, s. 5; O.C. 440-93, s. 1.

DIVISION 8.6

STANDARDS RESPECTING THE SALE, CONTAINERS AND PACKAGINGS

R.R.Q., 1981, c. P-29, r. 1, Div. 8.6; 643-2016O.C. 643-2016, s. 121.

8.6.1. Maple products intended for retail must be sold in a small container. In the case of maple syrup, only “Category A” maple syrup may be sold at retail.

However, a large container may be used for keeping maple syrup graded “Category A” intended for retail in small containers provided by the consumer. In such a case, the large container must bear in conspicuous and legible characters at least 2 cm high, the inscriptions mentioned in subparagraphs a, c and d of the first paragraph of section 8.7.1. If these inscriptions do not appear on the large container, they must appear on a document given to the consumer at the time of the sale.

R.R.Q., 1981, c. P-29, r. 1, s. 8.6.1; 643-2016O.C. 643-2016, s. 1311.

8.6.2. Small containers containing a maple product must be new and made of nontoxic materials.

R.R.Q., 1981, c. P-29, r. 1, s. 8.6.2; 643-2016O.C. 643-2016, s. 141.

8.6.3. Maple product in a small container: The maple product in a small container must represent at least 90% of the total capacity of such container.

R.R.Q., 1981, c. P-29, r. 1, s. 8.6.3.

8.6.4. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 8.6.4; O.C. 336-92, s. 1; O.C. 477-2010, s. 18.

8.6.5. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 8.6.5; O.C. 336-92, s. 2; O.C. 477-2010, s. 18.

8.6.5.1. Maple syrup graded “Processing Category” must be placed in a large container.

643-2016O.C. 643-2016, s. 151.

8.6.6. Large containers intended for maple syrup shall be clean, free of liquid and hermetically sealed so as to prevent their contamination.

These large containers must be washed with hot water or steam and dried.

Large containers of maple syrup graded “Processing Category” must be identified by the name “maple syrup” followed by the designation “Processing Category”.

O.C. 419-90, s. 6; 643-2016O.C. 643-2016, s. 161.

DIVISION 8.7

STANDARDS RESPECTING INSCRIPTIONS AND LABELLING

8.7.1. Small maple product containers with a capacity greater than 60 ml or with a mass greater than 60 g must bear, on their main surface, in conspicuous, indelible and legible characters in conformity with Schedule 8.C, the following inscriptions:

(a)  the name of the product followed, in the case of maple syrup, by its designation and its colour grade;

(b)  the exact indication of the net quantity expressed in litre or in kilogram or, if less than 1 litre, in millilitres or, if less than 1 kg, in grams;

(c)  the indication of the origin;

(d)  the name and address of the maple grove operator, maker, preparer, conditioner, packager, supplier or distributor.

The inscriptions provided for in subparagraphs c and d of the first paragraph may appear on a surface other than the main surface.

R.R.Q., 1981, c. P-29, r. 1, s. 8.7.1; 643-2016O.C. 643-2016, s. 171.

8.7.2. Correctness of the colour grade indicated: The colour grade indicated on the small maple syrup container must be the same as the colour of the syrup it contains as determined with a spectrophotometer in conformity with Schedule 8.B.

R.R.Q., 1981, c. P-29, r. 1, s. 8.7.2; 643-2016O.C. 643-2016, s. 181.

8.7.3. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 8.7.3; 643-2016O.C. 643-2016, s. 191.

8.7.4. Individual servings of maple products: Small containers of maple products with a maximum capacity of 60 ml or a maximum mass of 60 g must bear directly or on the label, in indelible, legible and conspicuous characters, the following inscriptions:

(a)  the name of the product;

(b)  the exact indication of the net quantity expressed either in millilitres or grams; and

(c)  the names and addresses of the maple grove operator, maker, preparer, conditioner, packager, supplier or distributor.

The packaging in which are placed the small containers referred to in the first paragraph must bear, directly or on its label, the following inscriptions:

(a)  the name of the product;

(b)  the indication of the origin;

(c)  the name and address of the maple grove operator, maker, preparer, conditioner, packager, supplier or distributor;

(d)  the number of small containers it contains and the net quantity in each.

Where, in display, a maple product sold in individual servings of a maximum of 60 ml or 60 g is not packaged separately or is packaged in a small container that does not bear the inscriptions mentioned in the first paragraph, the retailer must post a sign bearing those inscriptions in legible and conspicuous characters at least 1 cm high, on the same lot of identical products.

R.R.Q., 1981, c. P-29, r. 1, s. 8.7.4; 643-2016O.C. 643-2016, s. 2011.

8.7.5. Uniformity of inscriptions: Each of the inscriptions mentioned in sections 8.7.1 and 8.7.4 must be in bold-type letters or figures of the same colour. The colour of the letters or figures must be different from that of the surface on which they are written.

R.R.Q., 1981, c. P-29, r. 1, s. 8.7.5; 643-2016O.C. 643-2016, s. 211.

8.7.6. Indication of source: The indication of the source of a maple product made in Québec must contain the word “Québec”. The indication of the origin of any other maple product must be by the inscription of the name of the country of origin, or in the case of a Canadian product, by an inscription containing the word “Canada” or the name of the province of origin.

R.R.Q., 1981, c. P-29, r. 1, s. 8.7.6.

8.7.7. Reserved expressions: The use of the expressions “maple grove” or “sugar cabin” is reserved exclusively for the maple grove operator.

The operator must use these expressions solely in relation to maple products.

R.R.Q., 1981, c. P-29, r. 1, s. 8.7.7.

8.7.8. A maple grove operator or maker who grades maple syrup must, in addition to the requirements provided for in this Chapter, identify the graded maple syrup containers using a lot number or production code in conspicuous, indelible and legible characters.

643-2016O.C. 643-2016, s. 221.

DIVISION 8.8

STANDARDS RESPECTING MAPLE SUBSTITUTES

8.8.1. Substitutes — general rule: Subject to this Division, every maple substitute must bear, either directly, or on its container or label, names, indications, expressions, pictures or trade marks other than those including the word “maple” or able to recall maple products or the maple industry.

The same rule applies to publicity, advertising and menus which refer to such substitute.

R.R.Q., 1981, c. P-29, r. 1, s. 8.8.1.

8.8.2. Substitutes — compulsory inscriptions: Every maple substitute must bear the following inscriptions:

(a)  the name of the product in compliance with this Division;

(b)  the exact indication of the net quantity;

(c)  the list of the ingredients by order of decreasing quantity, except if there is an indication of the content or percentage of each ingredient of the product;

(d)  the names and addresses of the maker, preparer, conditioner, packager, supplier or distributor.

The inscriptions mentioned in subparagraphs a and b of the first paragraph must appear on the main surface whereas those mentioned in subparagraphs c and d of the same paragraph may appear on any surface.

The inscription mentioned in subparagraph a of the first paragraph must be in characters at least half as tall as the tallest characters of the main surface. However, such inscription must be as conspicuous as any other inscription appearing on any surface, including trade marks or fancy terms subject to section 4 of the Act.

The inscription mentioned in subparagraph d of the first paragraph must be in characters of not more than half as tall as those of the name.

Despite the second paragraph, where inscriptions mentioned in subparagraph c or d of the first paragraph include the word “maple”, they must appear on a surface other than on the main surface.

R.R.Q., 1981, c. P-29, r. 1, s. 8.8.2.

8.8.3. Substitutes — publicity or advertising: Publicity or advertising of a maple substitute must be different from publicity or advertising of a maple product and without any reference to it.

As of that date, the rule prescribed in section 8.8.5 for maple taffy blend packaging also applies to publicity or advertising respecting this substitute.

As of the same date, where the publicity or advertising of a maple substitute includes “maple” in the inscription mentioned in subparagraph d of the first paragraph of section 8.8.2, this inscription must be in characters of not more than half as tall as the characters used in this publicity or advertising, for the name of the substitute.

R.R.Q., 1981, c. P-29, r. 1, s. 8.8.3; 643-2016O.C. 643-2016, s. 231.

8.8.4. Name — maple taffy blend: The names “tire à l’érable” and, where applicable, “maple taffy blend” may be used to sell a maple taffy substitute, provided it is the product of the evaporation of a blend exclusively made up of not less than 75% maple syrup and not more than 25% commercial glucose.

Maple syrup used in the blend must have a minimum content in dry soluble extracts of 66% at 20ºC and the commercial glucose must be made up of between 18% to 24% dextrose and 14% to 22% maltose.

Only a maple taffy substitute meeting the provisions of this section and of section 8.8.5 may be made, kept for sale, retailed or sold under the names “tire à l’érable” and where applicable, “maple taffy blend”.

R.R.Q., 1981, c. P-29, r. 1, s. 8.8.4; 643-2016O.C. 643-2016, s. 241.

8.8.5. Maple taffy blend packaging — indication: The maple taffy blend packaging mentioned in section 8.8.4 must bear, in indelible, legible and conspicuous characters, at least 3 mm high, on its main surface and under the name, the indication “Made of 75% maple syrup and a maximum of 25% glucose” or an expression mentioning the percentages of maple syrup and glucose used in the product.

R.R.Q., 1981, c. P-29, r. 1, s. 8.8.5.

8.8.6. (Revoked).

R.R.Q., 1981, c. P-29, r. 1, s. 8.8.6; 643-2016O.C. 643-2016, s. 251.

8.8.7. Signs for counter sales: Any person who offers for sale or keeps for the purpose of selling over the counter a maple substitute must affix, in indelible, legible and conspicuous characters, on a sign that applies to the same lot of identical products, a name that meets the requirements of this Division.

R.R.Q., 1981, c. P-29, r. 1, s. 8.8.7; O.C. 1055-82, s. 13.

8.8.8. Retail display: On display, substitutes must be separated from maple products in order to avoid confusing or abusing the consumer.

R.R.Q., 1981, c. P-29, r. 1, s. 8.8.8.

8.8.9. Sale by a restaurant operator: The restaurant operator who serves or sells a maple substitute must notify the consumer by a name on the menu, or in the absence of a menu, by a sign or label bearing the name prescribed in this Division.

The same rule applies to advertising or publicity on this product.

R.R.Q., 1981, c. P-29, r. 1, s. 8.8.9.

8.8.10. Uniformity of inscriptions: Each indication or inscription mentioned in this Division must be in bold-type indelible, legible and conspicuous letters or figures of the same character and colour. The colour of the letters or figures must be different from that of the surface on which they are written.

R.R.Q., 1981, c. P-29, r. 1, s. 8.8.10.

8.8.11. Verbal promotion: Any person who verbally promotes a substitute kept for sale must refer to the product by using the name meeting the requirements of this Division.

R.R.Q., 1981, c. P-29, r. 1, s. 8.8.11.

8.8.12. English terms: The English terms mentioned in this Division must be used in conformity with the Charter of the French language (chapter C-11).

R.R.Q., 1981, c. P-29, r. 1, s. 8.8.12.

CHAPTER 9

SEA FOOD PRODUCTS

O.C. 1055-82, s. 14.

DIVISION 9.1

GENERAL PROVISIONS

O.C. 1055-82, s. 14.

9.1.1. Definitions: For the purposes of Subdivision 1.3.5.A of section 1.3.6.5 and of this Chapter, unless otherwise indicated by the context,

“Atlantic sturgeon” means the fish of the species Acipenser oxyrhynchus; (esturgeon noir)

“canned sea food products” means sea food products treated to destroy any toxigenic microorganisms; (conserves de produits marins)

“hard-smoking shop” means an establishment where only salting or hard-smoking of the clupeidae family of sea food products is carried on for wholesale markets; (atelier de saurissage)

“processing plant” means an establishment, other than a treatment shop, hard-smoking shop or sturgeon shop, where sea food products are processed for wholesale markets; (usine de préparation)

“semi-preserved sea food products” means sea food products treated by salting, smoking, pickling, hard-smoking or marinating, and packaged in such a manner as to make them fit for human consumption for at least 6 months if refrigerated only; (semi-conserves de produits marins)

“sturgeon shop” means an establishment where only gutting, heading, tailing, skinning, filleting and freezing of Atlantic sturgeons are carried out for wholesale markets; (atelier d’esturgeons)

“treatment shop” means an establishment where sea food products are processed for wholesale markets, including only operations of slicing in the form of steaks of frozen sea food products, cooking of lobsters, or packaging of sea food products. (atelier de conditionnement)

O.C. 1055-82, s. 14; O.C. 397-88, s. 8; O.C. 1131-92, s. 4; O.C. 1305-93, s. 17.

9.1.2. Exclusive nature of operations: The processing of sea food products by the holder of a permit in one of the categories of permits prescribed by section 1.3.5.A.1 must be carried out exclusively in a processing plant, a treatment shop, a hard smoking shop or a sturgeon shop covered by section 9.2.2.1, 9.2.2.2, 9.2.2.A.1, 9.2.2.B.1 or 9.2.2.C.1.

Notwithstanding the first paragraph, the bleeding, gutting, washing, freezing or cooking of whole crustaceans may be carried out on board a fishing vessel. Except for the freezing or cooking of whole crustaceans, each of the foregoing operations may also be carried out at a landing place.

The canning of sea food products by the holder of a permit for a sea food products cannery prescribed by section 1.3.5.A.6 must be carried out exclusively in a sea food products cannery covered by section 9.2.3.1, except where such canning is carried out on board a fishing vessel.

O.C. 1055-82, s. 14; O.C. 397-88, s. 9; O.C. 669-90, s. 1; O.C. 1131-92, s. 5.

9.1.2.1. Marine bivalve molluscs intended for human consumption must be picked or harvested in an area or sector where it is allowed under the Fisheries Act (R.S.C. 1985, c. F-14).

O.C. 403-99, s. 5.

DIVISION 9.2

CONSTRUCTION AND OUTFITTING OF PROCESSING ESTABLISHMENTS AND SEA FOOD PRODUCTS CANNERIES

O.C. 1055-82, s. 14; O.C. 397-88, s. 10.

§ 9.2.1.  — General provisions

O.C. 1055-82, s. 14.

9.2.1.1. Extent of land: The land occupied by a sea food products processing establishment or cannery must be adequate to:

(1)  enable sea food products to be delivered, waste and non-edible products to be removed, and processed or canned sea food products to be shipped;

(2)  have separate circuits for edible and non-edible products outside the buildings;

(3)  remain free of residues and garbage.

O.C. 1055-82, s. 14; O.C. 397-88, s. 11.

§ 9.2.2.  — Standards for construction and outfitting of processing plants

O.C. 1055-82, s. 14.

9.2.2.1. A processing plant operated under a permit in the “salting and drying”, “salting” or “drying” category prescribed in section 1.3.5.A.2 must contain:

(1)  a receiving room including:

(a)  a refrigerated chamber at a temperature between 0ºC and 4ºC for keeping sea food products before processing;

(b)  an area for cleaning, disinfecting and storing bins;

(2)  a processing room including an area for cleaning and disinfecting equipment used in processing sea food products;

(3)  a room for salting;

(4)  a drying room, unless the drying is done in the open air;

(5)  a room for storing sea food products that have been fully processed;

(6)  a room or compartment for storing salt, spices and other additives and preservatives;

(7)  a refrigerated room or compartment at a maximum temperature of 7ºC for keeping remains of sea food products not intended for human consumption;

(8)  a room or compartment for storing packaging materials;

(9)  sanitary rooms, including a rest room with drinking fountains, washbasins, cloakrooms and toilets for the use of the operator’s employees;

(10)  a machines room separated from the other rooms and including an area for the installation of heating appliances, compressors and electric distribution panels, and an area for the repair and mechanical maintenance of equipment;

(11)  a compartment for storing cleaning, disinfecting and sanitation materials and pesticides;

(12)  a room reserved exclusively for an inspector.

The room or compartment prescribed in subparagraph 7 need not be refrigerated, where the remains of sea food products not intended for human consumption are removed daily.

A processing plant need not contain the room or compartment prescribed in subparagraph 7 where the remains of sea food products not intended for human consumption are removed from the plant regularly by a continuous process.

A processing plant need not contain the room prescribed in subparagraph 12 where the operator makes another room available to an inspector.

A processing plant need not contain the area mentioned in subparagraph b of subparagraph 1 of the first paragraph where the plant contains a room for cleaning, disinfecting and storing bins.

O.C. 1055-82, s. 14; O.C. 397-88, s. 12; O.C. 669-90, s. 2; O.C. 1305-93, s. 19; O.C. 725-94, s. 52.

9.2.2.2. A processing plant operated under a permit in the “fresh, frozen or semi-preserved” category prescribed in section 1.3.5.A.3 must contain:

(1)  a receiving room including:

(a)  a refrigerated chamber at a temperature between 0ºC and 4ºC for keeping sea food products before processing;

(b)  an area for cleaning, disinfecting and storing bins;

(2)  a processing room including:

(a)  a cooking area, if the operations require it for treating sea food products;

(b)  an area for salting, if the operations require it for treating sea food products;

(c)  a pickling area, if the operations require it for treating sea food products;

(d)  an area for cleaning and disinfecting the equipment used in processing sea food products;

(3)  a smoke-curing room, if the operations require one for treating sea food products, unless the smoke-curing house is in a separate area inside the processing room;

(4)  a refrigerated storage chamber at a temperature between 0ºC and 4ºC for refrigerated sea food products and, where applicable, a storage room at a maximum temperature of -23ºC, arranged for keeping, in separate divisions:

(a)  frozen sea food products, whole or in portions, intended for processing for human consumption;

(b)  processed sea food products, frozen and intended for human consumption;

(c)  packaged and frozen food products, other than sea food products, intended for the preparation of sea-food-product-based dishes for human consumption;

(5)  a room or compartment for storing salt, spices and other additives or preservatives;

(6)  a refrigerated room or compartment at a maximum temperature of 7ºC for keeping remains of sea food products not intended for human consumption;

(7)  a room or compartment for storing packaging materials;

(8)  sanitary rooms including a rest room with drinking fountains, washbasins, cloakrooms and toilets for the use of the operator’s employees;

(9)  a machines room separated from the other rooms and including an area for the installation of heating appliances, compressors and electric distribution panels, and an area for repair and mechanical maintenance of equipment;

(10)  a compartment used for storing cleaning, washing, disinfecting and sanitation materials and pesticides;

(11)  a room reserved exclusively for an inspector.

Where the operator of a plant processes exclusively semi-preserved sea food products, the refrigerated storage room prescribed in subparagraph 4 may be maintained at a maximum temperature of 10ºC.

The room or compartment prescribed in subparagraph 6 need not be refrigerated where the remains of sea food products not intended for human consumption are removed daily.

A processing plant need not include the room or compartment prescribed in subparagraph 6 where the remains of sea food products not intended for human consumption are removed from the plant regularly by a continuous process.

A processing plant need not contain the room prescribed in subparagraph 11 where the operator makes another room available for an inspector.

Where the operator processes only sea food products received alive, the processing plant need not contain:

(1)  the refrigerated chamber prescribed by subparagraph a of subparagraph 1 of the first paragraph;

(2)  the room prescribed by subparagraph 11 of the first paragraph.

A processing plant need not contain the area prescribed by subparagraph b of subparagraph 1 of the first paragraph where such plant contains a room for cleaning, disinfecting and storing bins.

O.C. 1055-82, s. 14; O.C. 397-88, s. 13; O.C. 669-90, s. 3; O.C. 1305-93, s. 20; O.C. 725-94, s. 53.

9.2.2.3. Delivery room: The delivery room must be provided with apparatus for cleaning and disinfecting bins.

The room need not be equipped with the apparatus prescribed by the first paragraph where the processing plant contains a room reserved for cleaning and disinfecting bins.

O.C. 1055-82, s. 14; O.C. 397-88, s. 14.

9.2.2.4. Wire mesh instruments: Wire mesh instruments, except washing and pickling instruments must be used solely for manipulating molluscs in the shell, crustaceans in the shell and unscaled fish.

O.C. 1055-82, s. 14.

9.2.2.5. Cooking area with hood: The cooking area described in subparagraph a of subparagraph 2 of the first paragraph of section 9.2.2.2 must be provided with a hood equipped with an electric fan to eliminate steam and condensation.

O.C. 1055-82, s. 14.

9.2.2.6. Live sea food. Fish tank: Where the operator of the processing plant uses a fish tank to hold live sea food, the fish tank must be of rigid, non-rotting, waterproof, non-toxic, washable and disinfectable material.

O.C. 397-88, s. 15.

§ 9.2.2.A.  — Standards for construction and outfitting of treatment shops

O.C. 397-88, s. 16.

9.2.2.A.1. A treatment shop operated under a permit in the “treatment shop” category prescribed in section 1.3.5.A.4 must contain:

(1)  a processing room including:

(a)  an area for slicing frozen sea food products into steaks, where operations so require;

(b)  an area for cooking lobsters, where operations so require;

(c)  an area for packaging sea food products;

(d)  an area for cleaning and disinfecting equipment used in processing sea food products;

(2)  a refrigerated chamber at a temperature between 0ºC and 4ºC for keeping refrigerated sea food products;

(3)  a refrigerated chamber at a temperature not exceeding -23ºC for keeping frozen sea food products;

(4)  a room or compartment for storing packaging materials;

(5)  sanitary rooms, including a rest room with wash-basins, cloakrooms and toilets for the use of the operator’s employees;

(6)  a machines room including an area for the installation of heating appliances, compressors and electric distribution panels, and an area for the repair and mechanical maintenance of equipment;

(7)  a compartment for storing cleaning, disinfecting and sanitation materials and pesticides.

The treatment plant need not contain:

(1)  the refrigerated chamber prescribed by subparagraph 2 of the first paragraph, where sea food products are delivered, processed and shipped frozen;

(2)  the refrigerated chamber prescribed by subparagraph 3 of the first paragraph, where sea food products are delivered, processed and shipped fresh.

O.C. 397-88, s. 16; O.C. 1305-93, s. 21; O.C. 725-94, s. 54.

9.2.2.A.2. Cooking area with hood: The cooking area prescribed by subparagraph b of subparagraph 1 of the first paragraph of section 9.2.2.A.1 must be provided with a hood equipped with an electric fan to eliminate steam and condensation.

O.C. 397-88, s. 16.

§ 9.2.2.B.  — Standards for construction and outfitting of hard-smoking shops

O.C. 397-88, s. 16.

9.2.2.B.1. A hard-smoking shop operated under a permit in the “hard-smoking” category prescribed in section 1.3.5.A.5 must contain:

(1)  a delivery room including:

(a)  a refrigerated chamber at a temperature between 0ºC and 4ºC for keeping sea food products before processing;

(b)  an area for cleaning, disinfecting and storing bins;

(2)  a processing room including:

(a)  an area for salting;

(b)  an area for packaging processed sea food products for human consumption;

(c)  an area for cleaning and disinfecting the equipment used in processing sea food products;

(3)  a room for hard-smoking sea food products of the clupeidae family;

(4)  a storage chamber or a refrigerated installation at a temperature not exceeding 10ºC and containing:

(a)  an area for keeping sea food products being processed;

(b)  an area for keeping processed products for human consumption;

(5)  a room or compartment for storing salt;

(6)  a refrigerated room or compartment at a maximum temperature of 7ºC for keeping remains of sea food products not intended for human consumption;

(7)  a room or compartment for storing packaging materials;

(8)  a machines room including an area for the installation of heating appliances, compressors and electric distribution panels, and an area for repair and mechanical maintenance of equipment;

(9)  a compartment used for storing cleaning, disinfecting and sanitation materials and pesticides.

The room or compartment prescribed in subparagraph 6 of the first paragraph need not be refrigerated where the remains of sea food products not intended for human consumption are removed daily.

A hard-smoking shop need not include the room or compartment prescribed by subparagraph 6 of the first paragraph where the remains of sea food products not intended for human consumption are removed from the shop by a continuous process during operations or at the end of operations.

O.C. 397-88, s. 16; O.C. 1305-93, s. 22; O.C. 725-94, s. 55.

§ 9.2.2.C.  — Standards for construction and outfitting of sturgeon shops

O.C. 1131-92, s. 6.

9.2.2.C.1. A sturgeon shop contemplated by the permit in the “sturgeon shop” category provided for in section 1.3.5.A.6, must contain:

(1)  a processing room comprising:

(a)  an area for gutting, where operations so require;

(b)  an area for heading, tailing, skinning and filleting, where operations so require;

(c)  an area for cleaning and disinfecting equipment used in processing Atlantic sturgeons;

(2)  a refrigerated chamber at a temperature between 0ºC and 4ºC for keeping Atlantic sturgeons, their eggs or their fillets;

(3)  a refrigerated chamber at a temperature not exceeding -23ºC for keeping frozen Atlantic sturgeon fillets;

(4)  a closed room or compartment for storing packaging materials;

(5)  sanitary rooms, including a rest room with washbasins, cloakrooms and toilets for the use of the operator’s employees;

(6)  a machines room comprising an area for the installation of heating appliances, compressors and electric distribution panels, and an area for the repair and mechanical maintenance of equipment;

(7)  a compartment for storing cleaning, disinfecting and sanitation materials and parasiticides.

O.C. 1131-92, s. 6; O.C. 725-94, s. 56.

§ 9.2.3.  — Standards for construction and outfitting of sea food products canneries

O.C. 1055-82, s. 14.

9.2.3.1. A sea food products cannery operated under a permit prescribed in section 1.3.5.A.7 must contain:

(1)  a receiving room including:

(a)  a refrigerated chamber at a temperature between 0ºC and 4ºC for keeping sea food products refrigerated before canning and, where appropriate, a refrigerated chamber at a maximum temperature of -23ºC, arranged for keeping, in separate divisions:

i.  frozen sea food products, whole or in portions, intended for canning for human consumption;

ii.  packaged and frozen food products, other than sea food products, intended for use in manufacturing sea-food-product-based canned goods for human consumption;

(b)  an area for cleaning, disinfecting and storing bins;

(2)  a canning room for treating and canning sea food products including:

(a)  an area for commercial sterilization;

(b)  an area for cleaning and disinfecting equipment used in canning sea food products;

(3)  a room or compartment for storing salt, spices and other additives or preservatives;

(4)  a refrigerated room or compartment at a maximum temperature of 7ºC for keeping remains of sea food products not intended for human consumption;

(5)  a room or compartment for storing packaging materials;

(6)  a room for storing canned sea food products;

(7)  sanitary rooms including a restroom with drinking fountains, washbasins, cloakrooms and toilets for the use of the operator’s employees;

(8)  a machines room separated from the other rooms and containing an area for installing heating appliances, compressors and electric distribution panels and an area for repair and mechanical maintenance of equipment;

(9)  a compartment used for storing cleaning, disinfecting and sanitation materials and pesticides;

(10)  a room reserved exclusively for an inspector.

The room or compartment prescribed in subparagraph 4 need not be refrigerated where the remains of sea food products not intended for human consumption are removed daily.

A sea food products cannery need not contain the room or compartment prescribed in subparagraph 4 where the remains of sea food products not intended for human consumption are removed from the plant regularly by a continuous process.

A sea food products cannery need not contain the room prescribed in subparagraph 10 where the operator makes another room available for an inspector.

A sea food products cannery need not contain the area prescribed by subparagraph b of subparagraph 1 of the first paragraph where such cannery contains a room for cleaning, disinfecting and storing bins.

O.C. 1055-82, s. 14; O.C. 397-88, s. 17; O.C. 669-90, s. 4; O.C. 1305-93, s. 23; O.C. 725-94, s. 57.

9.2.3.2. Delivery room: The delivery room must be equipped with apparatus for cleaning and disinfecting bins.

The room need not contain the apparatus prescribed by the first paragraph where the sea food products cannery contains a room reserved for cleaning and disinfecting bins.

O.C. 1055-82, s. 14; O.C. 397-88, s. 18.

9.2.3.3. Canning room. Equipment: The room for canning sea food products must contain:

(1)  a pressure cooker or boiler if the sea food is not cooked during the autoclave treatment;

(2)  a hood equipped with an electric fan to eliminate steam and condensation;

(3)  a sealer;

(4)  an autoclave with thermograph, thermometer, manometer and chronometer;

(5)  an incubator for incubating samples of canned sea food at a temperature of 37ºC.

O.C. 1055-82, s. 14.

9.2.3.4. Wire mesh instruments: Wire mesh instruments, except washing baskets and pickling instruments, must be used solely for manipulating molluscs in the shell, crustaceans in the shell and unscaled fish.

O.C. 1055-82, s. 14.

§ 9.2.4.  — Standards for layout of processing establishments and sea food products canneries

O.C. 1055-82, s. 14; O.C. 397-88, s. 19.

9.2.4.1. Floors, walls and ceilings: The premises of sea food products processing establishments and sea food products canneries must satisfy the following requirements:

(1)  the floors must be constituted of a material free from cracks, waterproof, washable, non-slippery and resistant to any warping;

(1.1)  the floors must have a drainage system for liquids and must be designed so that they are free from stagnant water;

(2)  the ceilings and walls must be covered with a washable, smooth and rot-proof material; in addition, the wall covering must be constituted of a waterproof material resistant to warping;

(3)  paragraph 2 applies to the walls of washrooms up to a height of 130 cm from the point where they join the floor;

(4)  the joints between walls and those between the walls and the floors must be rounded.

O.C. 1055-82, s. 14; O.C. 397-88, s. 20.

9.2.4.2. Lighting: The intensity of the lighting must be at least 50 decalux in work rooms and 20 decalux in other rooms.

The lighting system in the rooms for handling sea food products must be equipped with protective devices to prevent the introduction of foreign matter into such products in the event of any breaking of elements of the system.

O.C. 1055-82, s. 14; O.C. 397-88, s. 21.

9.2.4.3. Ventilation: Mechanical ventilation in unrefrigerated rooms and sanitary rooms must provide 5 changes of air per hour.

In refrigerated rooms, the elimination of steam and condensation during washing must be carried out mechanically.

O.C. 1055-82, s. 14.

9.2.4.4. Water supply: Each establishment must be provided with a system of running drinkable water under pressure.

Hot and cold water outlets must be installed and arranged so that the rooms and equipment may be cleaned under pressure.

Where an establishment is equipped with a source of salt water, such water must be free from contamination.

O.C. 1055-82, s. 14.

9.2.4.5. Hot water temperature: The temperature of the hot water for cleaning the rooms or the equipment must be at least 60ºC.

O.C. 1055-82, s. 14.

9.2.4.6. Waste water system: Every establishment must be provided with a drainage system for storm waters and for waste water. Such system must be designed to separate different sources.

Such drainage system must contain a cleanout, flushes, building traps, protective gratings and solid intercepters. Wash water pipes must be independent of the sanitary drain pipes toilets, urinals and wash basins.

O.C. 1055-82, s. 14.

9.2.4.7. Sanitary rooms: The sanitary rooms in any establishment must be provided with hot and cold running water and devices for cleaning the hands and wiping or drying them by means of dryers or individual towels that must be discarded after each use.

Access to toilets must be through rooms other than work rooms.

Such sanitary rooms must comply with the standards prescribed by section 67 of the Regulation respecting the quality of the work environment (chapter S-2.1, r. 11).

O.C. 1055-82, s. 14.

9.2.4.8. Work rooms: Work rooms must have pedal-operated wash basins that dispense, simultaneously or separately, hot and cold water and liquid soap dispensers for washing the hands and dryers or individual towels for drying them.

Towels must be discarded after each use.

Such rooms must also be equipped with a device for disinfecting the hands so placed as to enable them to be disinfected immediately after cleaning them.

O.C. 1055-82, s. 14.

9.2.4.9. Windows: Where the rooms used for operations of processing or canning sea food products contain windows giving onto the outside of the establishment, they must be sealed.

O.C. 1055-82, s. 14; O.C. 397-88, s. 22.

9.2.4.10. Treatment and hard-smoking shops. Water drainage system: Notwithstanding section 9.2.4.6, a treatment shop, a hard-smoking shop or a sturgeon shop need be equipped only with a waste water drainage system.

O.C. 397-88, s. 23; O.C. 1131-92, s. 7.

DIVISION 9.3

OPERATING STANDARDS FOR PROCESSING ESTABLISHMENTS AND SEA FOOD PRODUCTS CANNERIES

O.C. 1055-82, s. 14; O.C. 397-88, s. 24.

§ 9.3.1.  — Operations related to all plants

O.C. 1055-82, s. 14.

9.3.1.1. (Revoked).

O.C. 1055-82, s. 14; O.C. 397-88, s. 26; O.C. 725-94, s. 1.

9.3.1.2. Employees assigned to processing or canning operations must wear a hat or a clean hairnet that completely covers the hair and, in the event such operations are carried out in a wholesale sea food products cannery or processing plant, the employees must wear white or light-coloured work clothing that makes any soiling evident.

Such clothing, used exclusively for work, must be cleaned in such a manner as to be clean for the return to work each day, and, during the day’s operations, they must be replaced when they become soiled.

Persons who have been in contact with contaminated sea food products shall immediately wash their hands and arms with hot water and a germicide.

Employees wearing gloves to handle sea food products must, each time they return to work, clean and disinfect the gloves or change them when it is impossible to eliminate dirt and contamination.

O.C. 1055-82, s. 14; O.C. 725-94, s. 58.

9.3.1.3. (Revoked).

O.C. 1055-82, s. 14; O.C. 397-88, s. 27; O.C. 725-94, s. 1.

9.3.1.4. (Revoked).

O.C. 1055-82, s. 14; O.C. 741-2008, s. 14.

9.3.1.5. (Revoked).

O.C. 1055-82, s. 14; O.C. 741-2008, s. 14.

9.3.1.6. Cleaning and disinfecting of instruments and fittings: The equipment and instruments used for work on sea food products must be cleaned and disinfected at the end of the day’s operations or before being reused, if they have been contaminated.

Containers of sea food products intended for use as bait or for a use other than that of human consumption must be cleaned and disinfected before being reused to contain sea food products intended for human consumption.

O.C. 1055-82, s. 14.

9.3.1.7. (Revoked).

O.C. 1055-82, s. 14; O.C. 725-94, s. 1.

9.3.1.8. (Revoked).

O.C. 1055-82, s. 14; O.C. 725-94, s. 59; O.C. 741-2008, s. 14.

9.3.1.9. Avoidance of contact: Sea food products must not come into contact with the floor or walls of a room. Sea food products containers must be placed on supports more than 10 cm above the floor.

O.C. 1055-82, s. 14.

9.3.1.10. (Revoked).

O.C. 1055-82, s. 14; O.C. 725-94, s. 1.

9.3.1.11. Multiple use: Where the premises, tools and equipment used in a processing establishment or a wholesale sea food products cannery are also used in the processing, treatment or transformation of products other than wholesale sea food products, operation of the establishment or cannery must meet the following requirements:

(1)  on the same premises, operations on sea food products or freshwater products may not be carried out simultaneously with operations on meat products;

(2)  on the same premises, operations on sea food products or freshwater products may be carried out simultaneously with operations carried out in a separate area on different products and other than meat products;

(3)  tools and equipment must be cleaned and disinfected between operations carried out on sea food products or freshwater products and operations on other products;

(4)  in the fresh state, sea food products or perishable freshwater products must be stored in a refrigerated chamber separate from that reserved for perishable meat products;

(5)  in the fresh state, packaged perishable products other than meat products may be stored in a common refrigerated chamber;

(6)  in the frozen state, perishable products may be stored in a common room, provided that:

(a)  sea food products or freshwater products are kept in an area separate from that reserved for meat products;

(b)  sea food products or freshwater products are kept at a temperature not exceeding -23ºC, and other products are kept at a temperature not exceeding -18ºC.

O.C. 1055-82, s. 14; O.C. 397-88, s. 28; O.C. 725-94, s. 60.

9.3.1.12. Use of tabacco: Tobacco may not be used in work or storage rooms where there are fresh or frozen sea food products, raw materials or packaging material.

O.C. 1055-82, s. 14.

9.3.1.13. (Revoked).

O.C. 1055-82, s. 14; O.C. 725-94, s. 1.

9.3.1.14. Disposal of inedible sea food products and wastes: Inedible sea food products, offal, wastes and refuse of all kinds must be deposited in watertight containers fitted with a cover, and must be transported to the room or compartment for wastes at the end of the day’s operations, and, during operations, when they are full.

The content of such containers must then be eliminated by one of the following methods:

(1)  incineration in an installation complying with the prescriptions of the Environment Quality Act (chapter Q-2) and the regulations made thereunder;

(2)  landfilling in any site governed by the Environment Quality Act and its regulations;

(3)  (subparagraph revoked);

(4)  within 60 hours after they are filled, by delivery or shipping to a dismembering plant or salvaging by a salvager or by any public or private undertaking engaged in the collection or removal of residual materials;

(5)  in the case of inedible sea food products, by conversion in the processing plant into flours, oils, products intended for animal feed or industrial by-products.

Containers must be cleaned as soon as they are empty.

Such containers must be labelled “inedible products” in characters 2 cm high in thick lettering, in uniform characters and colours. The colour of the letters must be different from that of the container.

Notwithstanding the first paragraph, remains of sea food products obtained from processing operations may be removed from the processing or canning room regularly by a continuous process.

Notwithstanding the first paragraph, in the case of a treatment shop, inedible products, offal, wastes and refuse of all kinds must be deposited in watertight containers fitted with a cover, and the containers must be transported from the processing room of the shop at the end of the day’s operations, and stored so as to prevent contamination of the sea food products kept and processed in the shop.

O.C. 1055-82, s. 14; O.C. 397-88, s. 29; O.C. 854-98, s. 22; O.C. 466-2005, s. 3; 1463-2022O.C. 1463-2022, s. 91.

9.3.1.15. Handling without refrigeration: Where an operation of processing or treating sea food products is carried out in an unrefrigerated room, the product, unless it is salted or salted and dried, must be taken to a refrigerated or freezer storage chamber as soon as the operation is finished.

O.C. 1055-82, s. 14; O.C. 397-88, s. 3.

9.3.1.16. Forbidden substances: In the processing or canning of sea food products, the following may not be used:

(1)  antiseptics or harmful substances or substances that are dangerous for health;

(2)  in salting, salt or brine that is spoiled or contaminated, or has already been used.

O.C. 1055-82, s. 14.

9.3.1.17. Ice: The ice used for keeping sea food products must be obtained from drinking water or salt water, and must be free from contamination.

Such ice must be protected against contamination while it is being transported and stored.

O.C. 1055-82, s. 14.

9.3.1.18. Chemicals: Sea food products intended for human consumption must be free of any trace of antibiotics, parasiticides or antiseptics.

O.C. 1055-82, s. 14; O.C. 725-94, s. 61.

9.3.1.19. Canned sea food products: Canned sea food products intended for human consumption must be free of any toxic microorganisms and toxins.

O.C. 1055-82, s. 14.

9.3.1.20. Composition and characteristics: The composition and characteristics of sea food products must comply with the standards prescribed in Divisions 1, 6, 15, 16, 17, 21 and 23 of Part B of the Food and Drug Regulations (C.R.C., c. 870) or the standards prescribed in sections 25 and 26 of Part II, sections 31 and 33 of Part III, sections 37 to 40 and 42 to 50 of Part IV, Parts V and VI, except sections 59, 60, 61, 64, 74 and 80, sections 99 to 102 of Part VII, sections 103 to 109 and 111 to 119, and the table in section 120 of Part VIII of the Fish Inspection Regulations (C.R.C., c. 802).

O.C. 1055-82, s. 14.

9.3.1.21. Packaging: Sea food products packaging must be new, clean and manufactured specifically for packaging food.

O.C. 1055-82, s. 14; O.C. 397-88, s. 31.

9.3.1.22. Thawed sea food products: Frozen sea food products subjected to thawing treatment must:

(1)  be thawed to an internal temperature not exceeding 4ºC;

(2)  be kept in the thawed state at an internal temperature not exceeding 4ºC until shipped in that state or until further processing;

(3)  where they are sold in that state, bear directly or on their packaging an indication that they are thawed products.

O.C. 397-88, s. 31.

9.3.1.23. Handling by the public: Unpackaged sea food products must be protected against handling by the public.

O.C. 397-88, s. 31.

§ 9.3.2.  — Operations related to processing establishments

O.C. 1055-82, s. 14; O.C. 397-88, s. 32.

9.3.2.1. (Revoked).

O.C. 1055-82, s. 14; O.C. 669-90, s. 5.

9.3.2.2. (Revoked).

O.C. 1055-82, s. 14; O.C. 397-88, s. 33; O.C. 669-90, s. 6.

9.3.2.3. (Revoked).

O.C. 1055-82, s. 14; O.C. 669-90, s. 7.

9.3.2.4. (Revoked).

O.C. 1055-82, s. 14; O.C. 669-90, s. 8.

9.3.2.5. Wholesomeness: Sea food products kept in the processing establishment, in the natural state or after processing, must be fit for human consumption.

O.C. 1055-82, s. 14; O.C. 397-88, s. 34.

9.3.2.6. Compulsory services: The operator of a processing establishment is required to provide the following services:

(1)  the cleaning and disinfection of the vehicles used to transport sea food products;

(2)  the cleaning and disinfection of rooms, yards, passages and docks within the bounds of the establishment;

(3)  the cleaning and disinfection of the bins for sea food products.

O.C. 1055-82, s. 14; O.C. 397-88, s. 35.

9.3.2.7. Sequence of operations: The operations of the processing plant must be carried out in continuous sequence, without any crossing or overlapping of the different processing operations.

O.C. 1055-82, s. 14.

9.3.2.8. Processing temperature: Sea food product processing operations, except those requiring heat, smoking, salting related to drying or drying, must be carried out so that the internal temperature of the products does not exceed 4ºC.

Notwithstanding the first paragraph, sea food products received alive may be processed while their internal temperature is progressively lowered to a level not exceeding 4ºC.

O.C. 1055-82, s. 14; O.C. 397-88, s. 36.

9.3.2.9. Temperature for preservation: Refrigerated sea food products must be maintained at a temperature of between 0ºC and 4ºC.

Frozen sea food must be maintained at a temperature of not more than -23ºC.

Semi-preserved sea food must be stored at a temperature of not more than 10ºC.

O.C. 1055-82, s. 14; O.C. 725-94, s. 62.

9.3.2.10. Prior freezing: The internal temperature of sea food products intended to be stored frozen may not exceed - 23ºC before they are stored:

(1)  in a chamber prescribed by subparagraph 4 of the first paragraph of section 9.2.2.2;

(2)  in the chamber prescribed by subparagraph a of subparagraph 1 of the first paragraph of section 9.2.3.1;

(3)  in the chamber prescribed by subparagraph 3 of the first paragraph of section 9.2.2.A.1.

O.C. 1055-82, s. 14; O.C. 397-88, s. 37.

9.3.2.11. Freezing. Technique: Processed sea food products must be frozen by means of a technique that makes it possible to reduce the temperature, at the centre of a block of unpackaged fillets 25 mm in thickness to -21ºC in not more than 2 hours.

O.C. 1055-82, s. 14.

9.3.2.12. (Revoked).

O.C. 1055-82, s. 14; O.C. 725-94, s. 1.

9.3.2.13. Shipping: Sea food products must be shipped from one of the following rooms:

(1)  a shipping room;

(2)  the processing room prescribed in subparagraph 2 of the first paragraph of section 9.2.2.1 or subparagraph 2 of the first paragraph of section 9.2.2.2;

(3)  the storage room prescribed in subparagraph 5 of the first paragraph of section 9.2.2.1 or the storage chambers prescribed in subparagraph 4 of the first paragraph of section 9.2.2.2.

In the case where products are shipped from the room referred to in subparagraph 2, they must not be shipped while processing activities are being carried on in that room.

Notwithstanding the first paragraph, completely packaged sea food products may be shipped from the delivery room.

O.C. 1055-82, s. 14; O.C. 397-88, s. 38.

9.3.2.14. Registers of operations: The operator of a processing establishment must keep registers and vouchers for his operations.

Such registers and vouchers must indicate:

(1)  the nature and quantity of the sea food products bought or received;

(2)  the date on which they were purchased or received;

(3)  the name and address of the supplier, and where the products are stored, the name and address of the warehouse operator and the location of the warehouse;

(4)  the nature and quantity of the sea food products sold or delivered;

(5)  the date on which they were sold or delivered;

(6)  the name and address of the consignee.

O.C. 1055-82, s. 14; O.C. 397-88, s. 39; O.C. 669-90, s. 9.

9.3.2.15. Length of time for keeping papers: Registers must be kept for each calendar year.

The said registers and vouchers to which they refer must be kept for at least 1 year beginning from the end of each calendar year.

O.C. 1055-82, s. 14.

9.3.2.16. Treatment shops and hard-smoking shops. Delivery and shipping: In the case of a treatment shop, a hard-smoking shop or a sturgeon shop, loading and unloading operations of a vehicle transporting sea food products must be performed outside the processing room.

Such operations must be protected from bad weather and solar radiation.

O.C. 397-88, s. 40; O.C. 1131-92, s. 8.

9.3.2.17. Treatment shops and hard-smoking shops. Customers: During loading and unloading operations and processing activities, the operator of a treatment shop, of a hard-smoking shop or of a sturgeon shop must see that no customer:

(1)  enters the processing room;

(2)  handles the sea food products.

O.C. 397-88, s. 40; O.C. 1131-92, s. 9.

9.3.2.18. Quality control: The operator of an establishment used in the operation of a processing plant must carry out quality control therein in accordance with the operating procedures decided by the Minister.

The person in charge of such control whose services are required by the operator must hold a certificate certifying his competence to perform such duties issued by the Minister.

O.C. 397-88, s. 40.

9.3.2.19. Any operation for which a room, an area or equipment is prescribed in section 9.2.2.1, 9.2.2.2, 9.2.2.A.1, 9.2.2.B.1 or 9.2.2.C.1 must be carried out only in that room or area or using that equipment.

O.C. 1305-93, s. 24.

§ 9.3.3.  — Operations related to sea food products canneries

O.C. 1055-82, s. 14.

9.3.3.1. (Revoked).

O.C. 1055-82, s. 14; O.C. 669-90, s. 10.

9.3.3.2. (Revoked).

O.C. 1055-82, s. 14; O.C. 397-88, s. 41; O.C. 669-90, s. 11.

9.3.3.3. (Revoked).

O.C. 1055-82, s. 14; O.C. 669-90, s. 12.

9.3.3.4. (Revoked).

O.C. 1055-82, s. 14; O.C. 669-90, s. 13.

9.3.3.5. Wholesomeness: The sea food products kept in a sea food products cannery, in the natural state or after canning, must be fit for human consumption.

O.C. 1055-82, s. 14.

9.3.3.6. Obligatory services: The operator of a sea food products cannery shall provide the services described in section 9.3.2.6.

O.C. 1055-82, s. 14.

9.3.3.7. Sequence of operations: The operations of a sea food products cannery must be carried out in a continuous sequence, without any crossing or overlapping of the different canning operations.

O.C. 1055-82, s. 14.

9.3.3.8. Identification of batches: The batches of canned sea food products must be identified before being sterilized and so kept until stored.

O.C. 1055-82, s. 14.

9.3.3.9. Sterilization: Canned sea food products must be so sterilized as to make them free of any toxic micro-organisms or toxins.

The sterilization treatment shall be registered on thermograms, which must be kept at the sea food products cannery for 2 years from the date of the recording.

O.C. 1055-82, s. 14; O.C. 725-94, s. 63.

9.3.3.10. Sample put in incubator: A sampling equivalent of 1% of the cans of sea food products in a single batch or 3 cans per basket in an autoclave, whichever is less, must be put in an incubator at a temperature of 37ºC for at least 10 consecutive days.

After that time has elapsed, if the sample in the incubator is found to be fit for human consumption, the cans of sea food products in the same batch as the sample may be delivered to the consignee.

O.C. 1055-82, s. 14.

9.3.3.11. Containers for canned sea food: A container enclosing canned sea food products must be completely watertight and hermetically sealed, without any bulging, traces of leaks or other external sign that might indicate spoilage of the products.

Such container must enclose only the maximum quantity of products that may be introduced without altering the appearance, quality or state of preservation of those products.

O.C. 1055-82, s. 14.

9.3.3.12. Indications and marking: The containers enclosing canned sea food products must be labelled as prescribed in section 3.3.3.

Each container of sea food products shall also display on the metal cover the manufacturer’s code consisting of conventional signs, letters or figures for the purposes of identifying each batch canned and its manufacturer, and of indicating the date of canning.

O.C. 1055-82, s. 14.

9.3.3.13. Shipping: Canned sea food products must be shipped from one of the following rooms:

(1)  a shipping room;

(2)  the canning room prescribed in subparagraph 2 of the first paragraph of section 9.2.3.1;

(3)  the storage room prescribed in subparagraph 6 of the first paragraph of section 9.2.3.1.

In the case where products are shipped from the room referred to in subparagraph 2, they may not be shipped while sea food products canning activities are being carried on in that room.

O.C. 1055-82, s. 14.

9.3.3.14. Registers of operations. Length of time they must be kept: Sections 9.3.2.14 and 9.3.2.15 apply to the operator of a sea food products cannery.

O.C. 1055-82, s. 14.

9.3.3.15. Canning temperature: Canning of sea food products, except those requiring heat, smoking or salting, must be carried out so that the internal temperature of the products does not exceed 4ºC.

O.C. 397-88, s. 42.

9.3.3.16. Keeping temperature: Refrigerated sea food products must be kept at temperature between 0ºC and 4ºC.

Frozen sea food products must be kept at a temperature not exceeding -23ºC.

Semi-preserved sea food products must be stored at a temperature not exceeding 10ºC.

O.C. 397-88, s. 42; O.C. 725-94, s. 62.

9.3.3.17. Quality control: The operator of an establishment used in the operation of a sea food products cannery must carry out quality control therein in accordance with the operating procedures decided by the Minister.

The person in charge of such control whose services are required by the operator must hold a certificate certifying his competence to perform such duties issued by the Minister.

O.C. 397-88, s. 42.

9.3.3.18. Any operation for which a room, an area or equipment is prescribed in section 9.2.3.1 must be carried out only in that room or area or using that equipment.

O.C. 1305-93, s. 25.

DIVISION 9.4

STANDARDS IN RESPECT TO FISHING BOATS

O.C. 1055-82, s. 14.

9.4.1. Handling and storage: Sea food products handled and stored on board fishing boats must be free from contamination.

A fork may not be used to handle sea food products.

O.C. 1055-82, s. 14.

9.4.2. Premises, equipment and materials: The premises, equipment and materials containing or coming into contact with sea food products must be clean.

O.C. 1055-82, s. 14.

9.4.3. Washing and disinfecting: The premises, equipment and materials used in handling, processing or storing sea food products must be cleaned and disinfected at the end of the day’s operations or before being reused, if they are contaminated.

O.C. 1055-82, s. 14.

9.4.4. Temperature: The internal temperature of sea food products kept on board must not exceed 4ºC.

O.C. 1055-82, s. 14.

DIVISION 9.5

STANDARDS RESPECTING STORAGE OF SEA FOOD PRODUCTS

O.C. 1055-82, s. 14.

9.5.1. Temperatures for keeping sea food products: The operator of a cold storage warehouse who receives sea food products for keeping must keep them at the following temperatures:

(1)  for refrigerated sea food products, at a temperature between 0ºC and 4ºC;

(2)  for frozen sea food products intended for human consumption, at a temperature not exceeding -23ºC;

(3)  for frozen sea food products intended for a use other than that of human consumption, at a temperature not exceeding -18ºC;

(4)  for semi-preserved sea food products, at a temperature not exceeding 10ºC.

O.C. 1055-82, s. 14; O.C. 397-88, s. 43; O.C. 725-94, s. 64.

9.5.2. Cleanliness: A cold storage warehouse where sea food products are stored must be kept clean.

O.C. 1055-82, s. 14.

9.5.3. Outfitting of cold storage warehouse: A cold storage warehouse used to store frozen sea food products must be furnished with:

(1)  a room for storing, in different areas:

(a)  processed sea food products intended for human consumption;

(b)  whole sea food products or sea food products in portions intended for processing or canning for human consumption;

(2)  a room for keeping sea food products or carcasses of sea food products intended for use as bait or for a use other than human consumption;

(3)  thermographs or recording thermometers in the room described in subparagraph 1;

(4)  shelves made of stainless material and a floor constituted of a material resistant to any warping, fitted so as to keep frozen sea food products intended for human consumption and those intended for another use at respective temperatures not exceeding -23ºC and -18ºC.

The cold storage warehouse need not be provided with the shelves prescribed in subparagraph 4 where the operator uses the palletization technique.

O.C. 1055-82, s. 14.

9.5.4. Warehouse label: The sea food products stored in a cold storage warehouse must be grouped in batches and each batch must bear a warehouse label indicating the date received, as well as the batch number corresponding to the entries in the register kept by the warehouse operator in accordance with sections 2.2.5 and 2.2.6.

O.C. 1055-82, s. 14.

9.5.5. Packaging or frosting: Sea food products stored in a cold storage warehouse and intended for human consumption must be packaged or frosted so as to protect the products against contamination.

O.C. 1055-82, s. 14.

9.5.6. Freezing outside a warehouse: Frozen sea food products intended for human consumption and those intended for another use must already be at the respective internal temperatures of not more than -23ºC and -18ºC at the time of their entrance into the cold storage warehouse where they must be kept at that temperature without being subjected to freezing treatment.

O.C. 1055-82, s. 14; O.C. 397-88, s. 44.

9.5.7. Rules that apply by reference: In addition to Divisions 2.1 and 2.2, Subdivision 9.3.1 applies to the operation of a cold storage warehouse.

O.C. 1055-82, s. 14.

DIVISION 9.6

STANDARDS APPLYING TO LANDING OF SEA FOOD PRODUCTS

O.C. 1055-82, s. 14.

9.6.1. Sea food products must, immediately after they are landed or, where weighing operations are carried out on a wharf, immediately after those operations have been completed, be placed and kept in bins that conform to BNQ standard Pêches — Contenants — Bacs en matière plastique pour le transport et l’entreposage des produits de la pêche, BNQ 1620-800, published on 12 September 1984.

O.C. 1055-82, s. 14; O.C. 397-88, s. 45; O.C. 1305-93, s. 27.

9.6.2. Landing. Protection: The means of landing sea food products must be so constituted and used as to prevent deterioration of the product.

A fork may not be used to handle sea food products.

Sea food products must be protected against contamination, bad weather and solar radiation during landing and keeping on the wharf.

O.C. 1055-82, s. 14.

9.6.3. Landing temperature: During landing and keeping on the landing place, the internal temperature of dead sea food products must not exceed 4ºC.

O.C. 1055-82, s. 14; O.C. 397-88, s. 46.

9.6.4. Employees: Employees handling sea food products on wharves must wear work clothes.

Such clothing, used exclusively for work, must be cleaned for the beginning of each day’s work, and during the day’s operations it must be replaced when it is soiled.

O.C. 1055-82, s. 14.

9.6.5. Shipping: When the loading, weighing or putting in bins is completed, sea food products must be immediately shipped to a processing plant or sea food products cannery.

O.C. 1055-82, s. 14.

DIVISION 9.7

STANDARDS RESPECTING TRANSPORT OF SEA FOOD PRODUCTS BETWEEN THE LANDING PLACE AND PROCESSING ESTABLISHMENTS OR SEA FOOD PRODUCTS CANNERIES

O.C. 1055-82, s. 14; O.C. 397-88, s. 47.

9.7.1. Transport equipment: The transport of sea food products between the landing place and a processing establishment or sea food products cannery must meet the following requirements:

(1)  the boxes of vehicles, bins or other equipment used must be clean;

(2)  the bins must meet the Bureau de normalisation du Québec standard prescribed by the first paragraph of section 9.6.1;

(3)  where they are transported from the landing place, the products must be transported in bins meeting the standard prescribed by the first paragraph of section 9.6.1;

(4)  where they are transported from the processing establishment or the sea food products cannery, unpackaged products must be transported in bins in accordance with the standard prescribed by the first paragraph of section 9.6.1.

O.C. 1055-82, s. 14; O.C. 397-88, s. 48.

9.7.2. Temperatures and protection: During their transport between the landing place and the processing establishment or the sea food products cannery, sea food products must, until delivery:

(1)  be kept at an internal temperature not exceeding 4ºC for refrigerated products, -23ºC for frozen products or 10ºC for semi-preserved sea food products;

(2)  be protected against contamination, bad weather and solar radiation.

O.C. 1055-82, s. 14; O.C. 397-88, s. 49.

9.7.3. Cleaning and disinfection of bins: Bins that have held sea food products must be cleaned and disinfected so that they are clean when reused.

O.C. 1055-82, s. 14.

9.7.4. Cleaning and disinfection of vehicles: Vehicles used to transport sea food products must be cleaned and disinfected so that they are clean when they are to be loaded.

O.C. 1055-82, s. 14.

9.7.5. Employees: The employees assigned to handling sea food products must wear work clothes.

Such clothing, used exclusively for work, must be cleaned for the beginning of each day’s work, and during the day’s operations it must be replaced when it is soiled.

O.C. 1055-82, s. 14.

DIVISION 9.8

TRANSPORT OF SEA FOOD PRODUCTS INTENDED FOR CONSUMER MARKETS

O.C. 1055-82, s. 14.

9.8.1. Transport vehicles. Outfitting: Any vehicle intended for transport of sea food products must meet the following requirements:

(1)  the inside walls or any other part that may come into contact with sea food products must be such that they can be cleaned and disinfected, and must be of smooth, non-corrosive material so as not to alter the organoleptic characteristics of sea food products;

(2)  it must be watertight and free of insects and dust;

(3)  it must be so fitted as to permit the circulation of air between the packages of sea food products and the floor;

(4)  it must be entirely sealed, and opened only during loading and unloading operations;

(5)  it must be so designed and equipped that, until delivery, the internal temperature of refrigerated sea food products does not exceed 4ºC, that of frozen sea food products, - 23ºC, and that of semi-preserved sea food products, 10ºC.

O.C. 1055-82, s. 14; O.C. 397-88, s. 50.

9.8.2. Employees working on transport: Employees assigned to handling sea food products must wear work clothes.

Such clothing, used exclusively for work, must be cleaned so as to be clean for the beginning of each day’s work, and during the day’s operations, it must be replaced when soiled.

O.C. 1055-82, s. 14.

9.8.3. Cleaning and disinfection of vehicles: Any vehicle used to transport sea food products must be cleaned and disinfected so that it is clean when it is to be loaded.

O.C. 1055-82, s. 14.

9.8.4. Transport equipment: The boxes of vehicles, cans, bins, barrels and other equipment used to transport sea food products must be clean.

O.C. 1055-82, s. 14.

DIVISION 9.9

STANDARDS FOR RETAIL SALES AND ACTIVITIES FORMING PART OF A RESTAURATEUR’S BUSINESS

O.C. 1055-82, s. 14; O.C. 725-94, s. 66.

9.9.1. Rules that apply by reference: In addition to Divisions 2.1 and 2.2, Subdivision 9.3.1 applies to the operation of establishments or businesses that sell sea food products retail.

Those provisions and the provisions in this Division also apply to the operation of establishments where an activity forming part of a restaurateur’s business is carried on.

O.C. 1055-82, s. 14; O.C. 725-94, s. 67.

9.9.2. Materials of floors, walls and ceilings: In the rooms for holding or processing sea food products, the floor must be free of cracks and made of material that is waterproof, washable, and resistant to any warping.

The wall and ceiling coverings must also be washable.

O.C. 1055-82, s. 14; O.C. 725-94, s. 68.

9.9.3. Materials for market stalls and counters: Market stalls and counters put in such rooms shall be made of hard, smooth, washable, non-absorbent materials.

O.C. 1055-82, s. 14.

9.9.4. Internal keeping temperatures: Subject to Division 9.10, sea food products must be kept:

(1)  in the case of refrigerated sea food products, at an internal temperature not exceeding 4ºC;

(2)  in the case of frozen sea food products, at an internal temperature not exceeding -18ºC;

(3)  in the case of semi-preserved sea food products, at an internal temperature not exceeding 10ºC.

O.C. 1055-82, s. 14; O.C. 397-88, s. 51; O.C. 725-94, s. 69.

9.9.5. Cold chamber: An establishment must contain a cold chamber that makes it possible to store all the sea food products kept by the operator.

Such cold chamber must be kept at a temperature between 0ºC and 4ºC, except in the case of frozen sea food products, whose storage temperature must not exceed -18ºC.

Where the operator of an establishment sells exclusively semi-preserved sea food products, the cold chamber may be kept at a temperature not exceeding 10ºC.

O.C. 1055-82, s. 14; O.C. 397-88, s. 52; O.C. 725-94, s. 70.

9.9.6. Display of sea food products. Temperature: Sea food products may be exposed outside the cold chamber described in section 9.9.5 only for the time required for the operations of preparation and cutting.

Sea food products offered for retail sale must be placed in a refrigerated counter at a temperature not exceeding 4ºC, and frozen sea food products must be placed in a refrigerated counter at a temperature not exceeding -18ºC.

Semi-preserved foods may be placed in a refrigerated counter at a temperature not exceeding 10ºC.

Unpackaged sea food products kept in a refrigerated counter must be protected against handling by the public.

A refrigerated counter must also be arranged so as to be free from any accumulation of water or exudation.

O.C. 1055-82, s. 14; O.C. 397-88, s. 53; O.C. 725-94, s. 71.

9.9.7. Cleaning and maintenance: The floors of the rooms where sea food products are prepared or held must be cleaned daily and swept in such a manner as to avoid raising dust and dirt.

The floors of such rooms and of the storage rooms must be free of dust, sawdust, salt or any other dry matter.

O.C. 1055-82, s. 14; O.C. 725-94, s. 72.

9.9.8. Retail food sales: Retail food sales enterprises keeping sea food products must meet the following requirements:

(1)  the area where sea food products are kept must be so arranged that the products do not come into contact with other food products;

(2)  such area must include refrigerated counters:

(a)  at a temperature not exceeding 4ºC and equipped with a compartment reserved exclusively for displaying and keeping fresh sea food products;

(b)  at a temperature not exceeding -18ºC and equipped with a separate area reserved exclusively for displaying and keeping frozen sea food products.

(3)  (subparagraph replaced).

(4)  (subparagraph replaced).

(5)  (subparagraph replaced).

Live marine bivalve molluscs picked or harvested in a given area or sector, on a given date, may at no time be mixed with molluscs picked or harvested on different dates in other areas or sectors.

Live marine bivalve molluscs from one lot may not, at any time, be mixed with live marine bivalve molluscs from another lot.

O.C. 1055-82, s. 14; O.C. 397-88, s. 54; O.C. 725-94, s. 73; O.C. 403-99, s. 6.

9.9.9. Thawing: In any place covered by section 9.9.1, 9.9.8 or 9.9.10, frozen sea food products subjected to thawing must:

(1)  be thawed at an internal temperature not exceeding 4ºC;

(2)  be kept in an unfrozen state at an internal temperature not exceeding 4ºC until shipped in that state or until further processing;

(3)  where sold in that state, indicate directly or on the package that they have been thawed.

O.C. 1055-82, s. 14; O.C. 397-88, s. 55.

9.9.10. Public trading: Any person trading in sea food products in a public market, on public highways or from door to door shall:

(1)  keep sea food products under refrigeration at a temperature not exceeding 4ºC, frozen sea food products at a temperature not exceeding -18ºC, and semi-preserved sea food products at a temperature not exceeding 10ºC, until they are delivered to consumers;

(2)  carry on such trading using an enclosed watertight booth of smooth washable material or a vehicle reserved exclusively for transporting sea food products and meeting the requirements of Division 9.8;

(3)  where the vehicle or booth is equipped with stalls, they must be of a washable material and covered so as to protect the products from handling by the public;

(4)  keep the products so they are protected against contamination, bad weather and solar radiation.

O.C. 1055-82, s. 14; O.C. 397-88, s. 56.

9.9.11. (Revoked).

O.C. 1055-82, s. 14; O.C. 397-88, s. 57.

DIVISION 9.10

STANDARDS FOR LIVE SEA FOOD PRODUCTS

O.C. 397-88, s. 58.

9.10.1. Condition: Sea food products intended for sale live must be kept in that state until they are delivered to the purchaser.

O.C. 397-88, s. 58.

9.10.2. Fish tanks: Fish tanks used for transport or keeping of live sea food products intended for sale must be made of non-rotting, waterproof, non-toxic, washable and disinfectable material.

O.C. 397-88, s. 58.

9.10.3. Every container, package or wrapping used for molluscs must be made of rotproof, waterproof, non-toxic and washable material.

Furthermore, the premises where live marine bivalve molluscs are kept before being sent to be conditioned, processed or marketed must be clean and equipped to avoid contamination.

O.C. 403-99, s. 7.

CHAPTER 10

FRESHWATER PRODUCTS

O.C. 1305-93, s. 28.

DIVISION 10.1

GENERAL PROVISIONS

O.C. 1305-93, s. 28.

10.1.1. For the purposes of Subdivision 1.3.5.E, of sections 1.3.6.7.1 and 1.3.6.7.2 and of this Chapter, unless otherwise indicated by the context,

“canned freshwater products” means freshwater products conditioned to destroy all micro-organisms capable of producing toxins; (conserves de produits d’eau douce)

“existing” means that was established or at which operations began before 14 October 1993; (existant)

“manufacturer’s code” means conventional signs, letters or figures used for the purposes of identifying each lot of freshwater products processed or canned, indicating the date of such processing or canning and identifying the manufacturer; (code du fabricant)

“new establishment or new cannery” means an establishment for the processing or canning of freshwater products that was built or at which operations began on or after 14 October 1993; (nouvel établissement ou nouvelle conserverie)

“processing establishment” means a slaughtering and gutting shop or a processing plant; (établissement de préparation)

“processing plant” means an establishment other than a slaughtering and gutting shop, where freshwater products are processed for sale on wholesale markets by the operator or by the person requiring his services for remuneration; (usine de préparation)

“semi-preserved freshwater products” means freshwater products treated by smoking, marinating, salting, pickling or hard-smoking, and packaged in such manner as to make them fit for human consumption for at least 6 months if refrigerated only; (semi-conserves de produits d’eau douce)

“slaughtering and gutting shop” means an establishment which, for the purposes of sale on wholesale markets by the operator or by the person requiring his services for remuneration, carries out only slaughtering and bleeding operations on live freshwater fish, gutting, washing, packaging and refrigeration operations on dead freshwater fish, or salting operations on the roe of such fish. (atelier d’abattage et d’éviscération)

O.C. 1305-93, s. 28.

10.1.2. The processing of freshwater products by the holder of a permit of a category prescribed by section 1.3.5.E.2 must be carried out only inside the processing plant referred to in section 10.2.2.1 or inside the slaughtering and gutting shop referred to in section 10.2.3.1.

Notwithstanding the first paragraph, fish may be gutted, washed and bled on a fishing boat.

The canning of freshwater products by the holder of a freshwater products cannery permit prescribed in section 1.3.5.E.5 must be carried out only inside the freshwater products cannery referred to in section 10.2.4.1.

O.C. 1305-93, s. 28.

DIVISION 10.2

CONSTRUCTION AND OUTFITTING OF PROCESSING ESTABLISHMENTS AND FRESHWATER PRODUCTS CANNERIES

O.C. 1305-93, s. 28.

§ 10.2.1.  — General provisions

O.C. 1305-93, s. 28.

10.2.1.1. The site occupied by a processing establishment or by a freshwater products cannery must meet the following requirements:

(1)  access roads and traffic areas must be made of a compact material to eliminate dust and mud;

(2)  the area surrounding the establishment or cannery must be free of waste and refuse;

(3)  edible and inedible products must be routed separately outside the buildings in the area surrounding the establishment or cannery;

(4)  the area surrounding the room prescribed in subparagraph 1 of the first paragraph of section 10.2.2.1 must be drained and must be made of impermeable material.

O.C. 1305-93, s. 28.

10.2.1.2. A freshwater products processing establishment or cannery must be separated from all dwellings by an unbroken wall extending from the floor to the ceiling; no part of the establishment or cannery may be used as a dwelling.

The rooms or areas prescribed in sections 10.2.2.1, 10.2.3.1 and 10.2.4.1 must be laid out in such way as to ensure that there is a continuous progression in the operations of the establishment or cannery, from the time freshwater products or other foods for processing are received until the time they are shipped out, without any possibility of backtracking and without any overlapping of the various phases of the processing or canning operations, to ensure that sectors used for work involving foods fit for human consumption or for storage of such foods are completely separated from sectors used for the disposal of foods unfit for human consumption.

O.C. 1305-93, s. 28.

§ 10.2.2.  — Standards for construction and outfitting of processing plants

O.C. 1305-93, s. 28.

10.2.2.1. A processing plant operated under a permit of the “fresh, frozen or semi-preserved” category prescribed in section 1.3.5.E.3 must contain:

(1)  a freshwater products receiving room including:

(a)  a refrigerated chamber for keeping refrigerated freshwater products before processing;

(b)  an area for washing, disinfecting and storing bins;

(2)  a room for slaughtering, gutting, skinning, heading or tailing freshwater products, where required by the operations;

(3)  a room for processing freshwater products including, where required by the operations, any of the following areas:

(a)  an area for filleting;

(b)  an area for cooking;

(c)  an area for salting;

(d)  an area for pickling;

(e)  an area for washing;

(4)  a closed room or compartment for freezing freshwater products or processed foods that may or may not contain freshwater products, where required by the operations;

(5)  a room for smoking, where required by the operations;

(6)  a refrigerated room or compartment including:

(a)  an area for storing freshwater products;

(b)  an area for storing each type of food other than freshwater products, meats or meat products;

(c)  an area for storing freshwater products returned to the plant;

(7)  a refrigerated room or compartment for keeping meats or meat products, where required by the operations;

(8)  a refrigerated room or compartment for storing unpackaged ready-to-eat cooked foods, where required by the operations, including:

(a)  an area for processed foods containing freshwater products;

(b)  an area for each type of food other than processed foods containing freshwater products;

(9)  a room or compartment for storing frozen foods, where required by the operations, including:

(a)  an area for freshwater products or sea food products;

(b)  an area for meats or meat products;

(c)  an area for each type of food other than freshwater products, sea food products, meats or meat products;

(10)  a room or compartment for the dry storage of processed foods that can be kept without refrigeration, where required by the operations;

(11)  a closed room or compartment for storing waste other than inedible freshwater products, where required by the operations;

(12)  a closed room or compartment for storing salt, spices, dry ingredients, food additives and other preservatives, where required by the operations;

(13)  a closed refrigerated room or compartment for keeping the remains of freshwater products not intended for human consumption;

(14)  a closed room or compartment for storing bait, where required by the operations;

(15)  a closed room or compartment for storing packaging materials and labels;

(16)  sanitary rooms for employees;

(17)  a closed room or compartment for storing cleaning and disinfecting materials, and containers of detergent and disinfectant;

(18)  a closed room or compartment including an area for the installation of heating appliances, compressors, electric switchboards and telephone switchboards and, where required by the operations, an area for the repair and mechanical maintenance of equipment.

Where the operator processes only freshwater products received alive, the processing plant need not contain the refrigerated chamber prescribed in subparagraph a of subparagraph 1 of the first paragraph.

A processing plant need not contain the area prescribed in subparagraph b of subparagraph 1 of the first paragraph where the plant contains a room for washing, disinfecting and storing bins.

A processing plant need not contain the room prescribed in subparagraph 5 of the first paragraph where smoking facilities are set up in an area reserved for that purpose in the room prescribed in subparagraph 3 of the first paragraph.

The room or compartment prescribed in subparagraph 13 of the first paragraph need not be refrigerated where the remains of freshwater products not intended for human consumption are removed daily from such room or compartment.

A processing plant need not contain the room or compartment prescribed in subparagraph 13 of the first paragraph where the remains of freshwater products not intended for human consumption are removed from the plant by a continuously moving device designed in such way as to prevent harmful animals from entering the plant and to make it possible to wash the device.

O.C. 1305-93, s. 28.

10.2.2.2. The refrigerated chamber prescribed in subparagraph a of subparagraph 1 of the first paragraph of section 10.2.2.1 and the refrigerated rooms and compartments prescribed in subparagraphs 6 to 8 of the same paragraph must contain equipment able to maintain the temperature at between 0ºC and 4ºC.

The room or compartment prescribed in subparagraph 4 of the first paragraph of section 10.2.2.1 must contain equipment able to freeze freshwater products and processed foods which may or may not contain freshwater products in accordance with section 10.3.2.6.

The frozen storage room or compartment prescribed in subparagraph 9 of the first paragraph of section 10.2.2.1 must contain equipment able to maintain the temperature at not more than -18ºC.

The refrigerated room or compartment prescribed in subparagraph 13 of the first paragraph of section 10.2.2.1 must contain equipment able to maintain the temperature at not more than 7ºC, except where the remains of freshwater products not intended for human consumption are removed daily from the room or compartment.

The operator of a processing establishment must have a metal temperature probe, in working order, whose numerical scale accurately indicates the internal temperature of foods to within 1ºC.

O.C. 1305-93, s. 28.

10.2.2.3. The temperature must be maintained at 0ºC to 4ºC in the refrigerated chamber prescribed in subparagraph a of subparagraph 1 of the first paragraph of section 10.2.2.1 and in the refrigerated rooms or compartments prescribed in subparagraphs 6 to 8 of that paragraph.

The temperature of the frozen storage room or compartment prescribed in subparagraph 9 of the first paragraph of section 10.2.2.1 must be maintained at not more than -18ºC.

Where the operator of a processing plant processes only semi-preserved freshwater products, the temperature may be maintained at not more than 10ºC in the refrigerated room or compartment prescribed in subparagraph 6 of the first paragraph of section 10.2.2.1.

The temperature of the refrigerated room or compartment prescribed in subparagraph 13 of the first paragraph of section 10.2.2.1 must be maintained at not more than 7ºC where the remains of freshwater products not intended for human consumption are not removed daily from the room or compartment.

O.C. 1305-93, s. 28.

10.2.2.4. The receiving room prescribed in subparagraph 1 of the first paragraph of section 10.2.2.1 must be equipped with apparatus for washing and disinfecting bins.

The receiving room need not be equipped with the apparatus prescribed in the first paragraph where the processing plant contains a room for washing and disinfecting bins.

O.C. 1305-93, s. 28.

§ 10.2.3.  — Standards for construction and outfitting of slaughtering and gutting shops

O.C. 1305-93, s. 28.

10.2.3.1. A slaughtering and gutting shop operated under a permit in the “slaughtering and gutting” category prescribed in section 1.3.5.E.4 must contain:

(1)  a room for processing freshwater fish including:

(a)  an area for anesthetization, where required by the operations;

(b)  an area for bleeding, where required by the operations;

(c)  an area for gutting, where required by the operations;

(d)  an area for washing and packaging;

(e)  an area for washing and disinfecting equipment used for processing freshwater fish;

(2)  a room or compartment for storing refrigerated freshwater fish;

(3)  a closed refrigerated room or compartment for storing the remains of freshwater fish not intended for human consumption;

(4)  a closed room or compartment for storing packaging materials and labels;

(5)  sanitary rooms for employees;

(6)  a closed room or compartment for storing cleaning and disinfecting materials, and containers of detergent and disinfectant;

(7)  a closed room or compartment including an area for the installation of heating appliances, compressors, electric switchboards and telephone switchboards and, where required by the operations, an area for the repair and mechanical maintenance of equipment.

The room or compartment prescribed in subparagraph 3 of the first paragraph need not be refrigerated where the remains of freshwater products not intended for human consumption are removed daily from the room or compartment.

A slaughtering and gutting shop need not contain the room or compartment prescribed in subparagraph 3 of the first paragraph where the remains of freshwater products not intended for human consumption are removed from the shop by a continuously moving device designed in such way as to prevent harmful animals from entering the plant and to make it possible to wash the device.

O.C. 1305-93, s. 28.

10.2.3.2. The refrigerated room or compartment prescribed in subparagraph 2 of the first paragraph of section 10.2.3.1 must contain equipment able to maintain the temperature at between 0ºC and 4ºC.

The refrigerated room or compartment prescribed in subparagraph 3 of the first paragraph of section 10.2.3.1 must contain equipment able to maintain a temperature of not more than 7ºC, except where the remains of freshwater fish not intended for human consumption are removed daily from the room or compartment.

The operator of a slaughtering and gutting shop must have a metal temperature probe, in working order, whose numerical scale accurately indicates the internal temperature of foods to within 1ºC.

O.C. 1305-93, s. 28.

10.2.3.3. The temperature must be maintained at between 0ºC and 4ºC in the refrigerated room or compartment prescribed in subparagraph 2 of the first paragraph of section 10.2.3.1.

The temperature of the refrigerated room or compartment prescribed in subparagraph 3 of the first paragraph of section 10.2.3.1 must be maintained at not more than 7ºC where the remains of freshwater fish not intended for human consumption are not removed daily from the room or compartment.

O.C. 1305-93, s. 28.

§ 10.2.4.  — Standards for construction and outfitting of freshwater products canneries

O.C. 1305-93, s. 28.

10.2.4.1. A freshwater products cannery operated under the permit prescribed by section 1.3.5.E.5 must contain:

(1)  a freshwater products receiving room including:

(a)  a refrigerated chamber for keeping freshwater products before canning;

(b)  a frozen storage compartment, when required by the operations, including:

i.  a sector for keeping whole frozen freshwater products or portions of frozen freshwater products intended for canning for human consumption;

ii.  a sector for keeping packaged frozen foods other than freshwater products to be used in the production of canned foods containing freshwater products and intended for human consumption;

(c)  an area for washing, disinfecting and storing bins;

(2)  a room for slaughtering, gutting, skinning, heading or tailing freshwater products, where required by the operations;

(3)  a room for processing and canning freshwater products including:

(a)  an area for cooking, where required by the operations;

(b)  an area for sterilizing;

(c)  an area for washing and disinfecting equipment used in the production of canned freshwater products;

(4)  a closed room or compartment for freezing freshwater products or processed foods that may or may not contain freshwater products, where required by the operations;

(5)  a refrigerated room or compartment, where required by the operations, including:

(a)  an area for storing freshwater products;

(b)  an area for storing each type of food other than freshwater products;

(6)  a room for storing canned freshwater products;

(7)  a closed room or compartment for storing salt, spices, dry ingredients, food additives and other preservatives, where required by the operations;

(8)  a closed refrigerated room or compartment for storing the remains of freshwater products not intended for human consumption;

(9)  a closed room or compartment for storing packaging materials and labels;

(10)  sanitary rooms for employees;

(11)  a closed room or compartment for storing cleaning and disinfecting materials, and containers of detergent and disinfectant;

(12)  a closed room or compartment including an area for the installation of heating appliances, compressors, electric switchboards and telephone switchboards and, where required by the operations, an area for the repair and mechanical maintenance of equipment.

A freshwater products cannery need not contain the area prescribed in subparagraph c of subparagraph 1 of the first paragraph where the cannery contains a room for washing, disinfecting and storing bins.

The room or compartment prescribed in subparagraph 8 of the first paragraph need not be refrigerated where the remains of freshwater products not intended for human consumption are removed daily from such room or compartment.

A freshwater products cannery need not contain the room or compartment prescribed in subparagraph 8 of the first paragraph where the remains of freshwater products not intended for human consumption are removed from the plant by a continuously moving device designed in such way as to prevent harmful animals from entering the plant and to make it possible to wash the device.

O.C. 1305-93, s. 28.

10.2.4.2. The refrigerated chamber prescribed in subparagraph a of subparagraph 1 of the first paragraph of section 10.2.4.1 and the refrigerated room or compartment prescribed in subparagraph 5 of that paragraph must contain equipment able to maintain the temperature at between 0ºC and 4ºC.

The frozen storage compartment prescribed in subparagraph b of subparagraph 1 of the first paragraph of section 10.2.4.1 must contain equipment able to maintain the temperature at not more than -18ºC.

The room or compartment prescribed in subparagraph 4 of the first paragraph of section 10.2.4.1 must contain equipment able to freeze freshwater products or processed foods that may or may not contain freshwater products in accordance with section 10.3.2.6.

The refrigerated room or compartment provided for in subparagraph 8 of the first paragraph of section 10.2.4.1 must contain equipment able to maintain a temperature of not more than -7ºC, except where the remains of freshwater products not intended for human consumption are removed daily from such room or compartment.

The operator of a freshwater products cannery must have a metal temperature probe, in working order, whose numerical scale accurately indicates the internal temperature of foods to within 1ºC.

O.C. 1305-93, s. 28.

10.2.4.3. The temperature must be maintained at between 0ºC and 4ºC in the refrigerated chamber prescribed in subparagraph a of subparagraph 1 of the first paragraph of section 10.2.4.1 and in the refrigerated room or compartment prescribed in subparagraph 5 of that paragraph.

The temperature in the frozen storage compartment prescribed in subparagraph b of subparagraph 1 of the first paragraph of section 10.2.4.1 must be maintained at not more than -18ºC.

The temperature of the refrigerated room or compartment prescribed in subparagraph 8 of the first paragraph of section 10.2.4.1 must be maintained at not more than 7ºC where the remains of freshwater products not intended for human consumption are not removed daily from such room or compartment.

O.C. 1305-93, s. 28.

10.2.4.4. The receiving room prescribed in subparagraph 1 of the first paragraph of section 10.2.4.1 must be equipped with apparatus for washing and disinfecting bins.

The receiving room need not be equipped with the apparatus prescribed in the first paragraph where the freshwater products cannery contains a room for washing and disinfecting bins.

O.C. 1305-93, s. 28.

10.2.4.5. The room for processing and canning freshwater products prescribed in subparagraph 3 of the first paragraph of section 10.2.4.1 must contain:

(1)  a pressure cooker or a boiler equipped with a hood, where required by the operations;

(2)  a sealer;

(3)  an autoclave with a thermograph, a thermometer, a manometer and a chronometer in good working order.

O.C. 1305-93, s. 28.

§ 10.2.5.  — Standards for layout of processing establishments and freshwater products canneries

O.C. 1305-93, s. 28.

10.2.5.1. The premises of a processing establishment or a freshwater products cannery must satisfy the following requirements:

(1)  the floors:

(a)  must be covered with a hard material;

(b)  must be washable, waterproof and non-slippery, except in the rooms prescribed in subparagraphs 15 and 16 of the first paragraph of section 10.2.2.1, in subparagraphs 4 and 5 of the first paragraph of section 10.2.3.1 and in subparagraphs 6, 9 and 10 of the first paragraph of section 10.2.4.1, in which they must be washable and smooth;

(c)  must be free from cracks and peeling;

(d)  in the rooms prescribed in subparagraphs 1 to 3, 5 to 8, 11 and 13 of the first paragraph of section 10.2.2.1, in subparagraphs 1, 2 and 3 of the first paragraph of section 10.2.3.1 and in subparagraphs 1 to 3, 5 and 8 of the first paragraph of section 10.2.4.1, where the operations involved in the processing or canning of foods or in the washing of materials and equipment require the use of jets of water or the discharge of liquids:

i.  must be sloped towards drains so as to be free of stagnant water;

ii.  must have a drainage system for liquids;

iii.  must be rounded where they meet the walls;

(2)  in rooms that are used for handling, storing and keeping foods and that are prescribed in subparagraphs 1 to 9, 11 and 13 of the first paragraph of section 10.2.2.1, in subparagraphs 1 and 3 of the first paragraph of section 10.2.3.1 and in subparagraphs 1 to 5 and 8 of the first paragraph of 10.2.4.1, the ceilings and walls must be:

(a)  covered with a hard material;

(b)  smooth, washable, waterproof and rot-proof;

(c)  free of cracks and peelings;

(3)  in the rooms mentioned in paragraph 2:

(a)  exposed pipes must be watertight;

(b)  stairways must be built with or covered with a waterproof material and must satisfy the following requirements:

i.  the treads must be solid;

ii.  the risers must be closed;

iii.  the sides must be enclosed by a panel at least 5 cm high at the outer edge of the tread;

(4)  the joints between walls and between walls and floors must be sealed and watertight, except in the room or compartment prescribed in subparagraph 18 of the first paragraph of section 10.2.2.1, in subparagraph 7 of the first paragraph of section 10.2.3.1 and in subparagraph 12 of the first paragraph of section 10.2.4.1;

(5)  ceilings, walls, water pipes, cooling pipes and other devices installed above foods must be free of any condensation;

(6)  doors and jambs in the rooms mentioned in paragraph 4 must be covered with a smooth, waterproof, rot-proof and non-corrosive material and their joints must be watertight;

(7)  corridors through which unpackaged freshwater products are moved must satisfy the requirements of paragraph 1 to 6.

O.C. 1305-93, s. 28.

10.2.5.2. The artificial lighting system must provide a light intensity:

(1)  of not less than 50 decalux at 1 m above the floor in rooms that are used for processing foods or for washing materials and equipment and that are prescribed in subparagraphs 1 to 3 and 5 of the first paragraph of section 10.2.2.1, in subparagraph 1 of the first paragraph of section 10.2.3.1 and in subparagraphs 1 to 3 of the first paragraph of section 10.2.4.1;

(2)  of not less than 20 decalux at 1 m above the floor in the rooms prescribed in subparagraphs 4, 6 to 13 and 15 to 17 of the first paragraph of section 10.2.2.1, in subparagraphs 2 to 5 and 7 of the first paragraph of section 10.2.3.1 and in subparagraphs 4 to 11 of the first paragraph of section 10.2.4.1.

The artificial lighting system in rooms that are used for processing, canning, storing and keeping foods or for storing packaging materials and that are prescribed in subparagraphs 1 to 10, 12, 14 and 15 of the first paragraph of section 10.2.2.1, in subparagraphs 1 to 4 of the first paragraph of section 10.2.3.1 and in subparagraphs 1 to 7 and 9 of the first paragraph of section 10.2.4.1 must be equipped with protective devices so as to prevent contamination of foods or packaging should any of the components in the system fail.

O.C. 1305-93, s. 28.

10.2.5.3. The mechanical ventilation system in the rooms prescribed in subparagraphs 1 to 3, 5 and 16 of the first paragraph of section 10.2.2.1, in subparagraphs 1 and 5 of the first paragraph of section 10.2.3.1 and in subparagraphs 1 to 3 and 10 of the first paragraph of section 10.2.4.1 must have air vents with filters so as to prevent the entry of insects or dust contaminated air.

O.C. 1305-93, s. 28.

10.2.5.4. A processing establishment or freshwater products cannery must contain a pressurized network of running hot and cold drinking water for human consumption and for use in food processing.

Rooms that are used for processing or canning foods and that are prescribed in subparagraphs 2, 3 and 5 of the first paragraph of section 10.2.2.1, in subparagraph 1 of the first paragraph of section 10.2.3.1 and in subparagraphs 2 and 3 of the first paragraph of section 10.2.4.1 must contain, for the washing of hands, sinks that are connected to the waste water drain network prescribed in section 10.2.5.6, that are supplied with hot and cold water, and that are equipped with non-manually controlled mixer taps, liquid soap distributors, disinfection baths and individual disposable towels.

The washing area prescribed in subparagraph b of subparagraph 1 of the first paragraph of section 10.2.2.1 and the areas and rooms that are used for washing and disinfecting and that are prescribed in the third paragraph of that section, in subparagraph e of subparagraph 1 of the first paragraph of section 10.2.3.1, in subparagraph c of subparagraph 3 of the first paragraph of section 10.2.4.1 and in the second paragraph of that section must contain a double sink that is made of non-corrosive material, is equipped with a drain board and must be large enough to allow the total immersion of materials and equipment that are washed by hand.

O.C. 1305-93, s. 28.

10.2.5.5. The temperature of hot water used for cleaning rooms, materials and equipment or used in a disinfectant solution must be at least 60ºC.

The temperature of hot water used alone to disinfect rooms, materials or equipment must be at least 82ºC.

O.C. 1305-93, s. 28.

10.2.5.6. A processing establishment or freshwater products cannery must have a drain network for the removal of rain water and waste water. Such network must be equipped with manholes, siphon trap pumps, protective grating and, where required by the operations, a solid matter interceptor.

Wash water pipes must be separate from the sanitary drain pipes for the washrooms, urinals and wash basins, so that such pipes do not interconnect inside the establishment or cannery.

If the drain network includes drain pipes, the inside diameter of such pipes must be at least 10 cm.

If the cooking tanks are connected to the drain network, the opening into such network must be equipped with a check-valve to prevent the reflux of waste water into the tanks.

The second and third paragraphs apply only in the case of a new establishment or cannery or, in respect of the second paragraph, in the case of an existing establishment or cannery that has been completely refloored or, in respect of the third paragraph, in the case of an existing room that has been completely refloored.

Where a new establishment or cannery is to be constructed, or where an existing establishment, cannery or room is to be completely refloored, the operator must so inform an inspector in writing not less than 30 days immediately prior to such construction or renewal.

O.C. 1305-93, s. 28.

10.2.5.7. The sanitary rooms prescribed in subparagraph 16 of the first paragraph of section 10.2.2.1, in subparagraph 5 of the first paragraph of section 10.2.3.1 and in subparagraph 10 of the first paragraph of section 10.2.4.1 must have pressurized hot and cold running drinking water and devices for washing the hands and drying them by means of dryers or individual disposable towels.

The sanitary rooms must contain:

(1)  a rest area, a cloakroom and washrooms with toilets;

(2)  a drinking water fountain with individual disposable cups.

The inside dimensions of the cloakroom must make it possible for the employees to hang their clothes on hooks or in lockers, which must be installed on supports at least 10 cm high.

Washrooms must not be directly accessible from rooms in which foods are processed, stored or kept, or from rooms that are used for storing foods or packaging materials and that are prescribed in subparagraphs 2 to 13 and 15 of the first paragraph of section 10.2.2.1, in subparagraphs 1, 2 and 4 of the first paragraph of section 10.2.3.1 and in subparagraphs 2 to 9 of the first paragraph of section 10.2.4.1.

The number of toilets must meet the requirements of the second paragraph of section 67 of the Regulation respecting the quality of the work environnement (chapter S-2.1, r. 11).

The toilets and other equipment prescribed in this section must be in working order.

O.C. 1305-93, s. 28.

10.2.5.8. The surfaces of materials and equipment that come into contact with foods must be:

(1)  make of non-toxic, non-corrodible material;

(2)  free of bumps, cracks and detachable particles;

(3)  waterproof and rot-proof.

The surfaces of materials and equipment located in rooms that are used for processing, storing or keeping foods or for storing packaging materials and that are prescribed in subparagraphs 1 to 10, 12 and 15 of the first paragraph of section 10.2.2.1, in subparagraphs 1, 2 and 4 of the first paragraph of section 10.2.3.1 and in subparagraphs 1 to 7 and 9 of the first paragraph of section 10.2.4.1, where such surfaces do not come into contact with foods, must be washable and free of bumps, cracks and detachable particles.

Materials or equipment manufactured using an assembly process other than welding must be dismountable and each part must be accessible for washing, disinfection and inspection.

Equipment that cannot be moved must be installed on supports at least 10 cm above the floor or must be installed on and attached to the floor with a watertight joint.

Materials and equipment not in use must be stored in areas or compartments used exclusively for that purpose.

O.C. 1305-93, s. 28.

10.2.5.9. The cooking areas prescribed in subparagraph b of subparagraph 3 of the first paragraph of section 10.2.2.1 and in subparagraph a of subparagraph 3 of the first paragraph of section 10.2.4.1 must have a hood with a filter and an electric ventilator whose design and operation ensure the evacuation of smoke, steam and odours and prevent the forming of any condensation and the dripping of liquids or fats onto foods or work surfaces.

Where smoking installations located in an area of the processing room prescribed in subparagraph 3 of the first paragraph of section 10.2.2.1 or located in the room for smoking prescribed in subparagraph 5 of the first paragraph of that section do not have a device for evacuating smoke, the outlet from such installations must have a hood in accordance with the first paragraph.

Smoking and cooking installations must have an opening for the drainage of wash water into the waste water drain network.

Smoking installations:

(1)  must be made of non-corrodible metal;

(2)  must be manufactured in such way as to allow washing with caustic substances and rinsing with jets of water;

(3)  must be equipped with a thermograph, in working order, making it possible to check the internal cooking temperature and the cooking time of freshwater products during hot smoking.

O.C. 1305-93, s. 28.

10.2.5.10. Windows located in the rooms prescribed in subparagraphs 1 to 3, 5, 10 to 13 and 15 of the first paragraph of section 10.2.2.1, in subparagraphs 1 to 4 of the first paragraph of section 10.2.3.1 and in subparagraphs 1 to 3 and 6 to 9 of the first paragraph of section 10.2.4.1, where such windows are located in the outside walls of the processing establishment or freshwater products cannery, must be sealed and their lower edge must slope towards the inside of the room at an angle of 45º.

Doors and windows must fit well and must be watertight.

O.C. 1305-93, s. 28.

10.2.5.11. The rooms prescribed in subparagraphs 1 to 10, 12, 15 and 16 of the first paragraph of section 10.2.2.1, in subparagraphs 1, 2, 4 and 5 of the first paragraph of section 10.2.3.1 and in subparagraphs 1 to 7, 9 and 10 of the first paragraph of section 10.2.4.1, as well as the materials and equipment they contain, must be free of corrosion.

O.C. 1305-93, s. 28.

10.2.5.12. Where the operator of a processing establishment or a freshwater products cannery also operates a retail business, a restaurant or any other business accessible to the public in the same building, the room accessible to the public must be separate from the rooms prescribed in the first paragraph of sections 10.2.2.1, 10.2.3.1 and 10.2.4.1.

The room accessible to the public must have its own service entrance.

For the purposes of this section, “retail business or restaurant” means an establishment used to keep freshwater products and operated by a retailer, by a restaurant owner or by a person who provides services for remuneration.

O.C. 1305-93, s. 28.

DIVISION 10.3

OPERATIONAL STANDARDS FOR PROCESSING ESTABLISHMENTS AND FRESHWATER PRODUCTS CANNERIES

O.C. 1305-93, s. 28.

§ 10.3.1.  — Operations relating to all plants

O.C. 1305-93, s. 28.

10.3.1.1. The premises of and materials and equipment in a processing establishment or freshwater products cannery must be clean.

O.C. 1305-93, s. 28.

10.3.1.2. The employees assigned to the processing or canning of foods must wear:

(1)  work clothes of a light colour that makes soiling evident;

(2)  clean headgear or a clean net that completely covers the hair;

(3)  a clean beard-covering that completely covers the beard, including a narrow beard along the jaw line.

Such clothing must be used exclusively for work in the processing establishment or freshwater products cannery, must be cleaned or washed in such manner as to be clean for the beginning of each workday and must be replaced during the day’s operations when it becomes soiled.

O.C. 1305-93, s. 28.

10.3.1.3. The wearing of a watch, rings, earrings, other jewellery or nail polish is prohibited in rooms that are used for receiving, processing, storing or keeping foods and that are prescribed in subparagraphs 1 to 10 and 12 of the first paragraph of section 10.2.2.1, in subparagraphs 1 and 2 of the first paragraph of section 10.2.3.1 and in subparagraphs 1 to 7 of the first paragraph of section 10.2.4.1 or in rooms that are used for storing packaging materials or for storing equipment cleaning and disinfecting materials and that are prescribed in subparagraphs 15 and 17 of the first paragraph of section 10.2.2.1, in subparagraphs 4 and 6 of the first paragraph of section 10.2.3.1 and in subparagraphs 9 and 11 of the first paragraph of section 10.2.4.1.

O.C. 1305-93, s. 28; O.C. 725-94, s. 74.

10.3.1.4. Any person who has handled contaminated freshwater products must immediately wash his hands and arms with hot water and a germicide product.

Any person wearing gloves to handle freshwater products must, each time he returns to work, wash and disinfect the gloves or change them where it is impossible to eliminate dirt and contamination.

O.C. 1305-93, s. 28.

10.3.1.5. (Revoked).

O.C. 1305-93, s. 28; O.C. 741-2008, s. 14.

10.3.1.6. The use of tabacco, chewing gum and toothpicks and the consumption of food are prohibited in rooms that are used for receiving, processing, storing and keeping foods and that are prescribed in subparagraphs 1 to 10 and 12 of the first paragraph of section 10.2.2.1, in subparagraphs 1 and 2 of the first paragraph of section 10.2.3.1 and in subparagraphs 1 to 7 of the first paragraph of section 10.2.4.1 or in rooms that are used for storing packaging materials or for storing equipment cleaning and disinfecting materials and that are prescribed in subparagraphs 15 and 17 of the first paragraph of section 10.2.2.1, in subparagraphs 4 and 6 of the first paragraph of section 10.2.3.1 and in subparagraphs 9 and 11 of the first paragraph of section 10.2.4.1.

O.C. 1305-93, s. 28; O.C. 725-94, s. 75.

10.3.1.7. Rooms that are used for receiving, processing, storing or keeping foods and that are prescribed in subparagraphs 1 to 10 and 12 of the first paragraph of section 10.2.2.1, in subparagraphs 1 and 2 of the first paragraph of section 10.2.3.1 and in subparagraphs 1 to 7 of the first paragraph of section 10.2.4.1, as well as the materials and equipment located in such rooms, must be used only for receiving, processing, canning, storing or keeping foods.

The rooms used for storing packaging materials and prescribed in subparagraph 15 of the first paragraph of section 10.2.2.1, in subparagraph 4 of the first paragraph of section 10.2.3.1 and in subparagraph 9 of the first paragraph of section 10.2.4.1 must be used exclusively for storing packaging materials.

O.C. 1305-93, s. 28.

10.3.1.8. The operator of a processing establishment or of a freshwater products cannery must provide the following services:

(1)  the washing and disinfecting of vehicles used for the transport of freshwater products;

(2)  the washing and disinfecting of the rooms, yards, passageways and other places within the establishment or cannery;

(3)  the washing and disinfecting of bins used for freshwater products.

O.C. 1305-93, s. 28.

10.3.1.9. Materials and equipment that come into contact with foods must be washed and disinfected at the end of the day’s operations and each time they become contaminated.

Such materials and equipment:

(1)  where they have been used to process raw foods, must be washed and disinfected immediately prior to being used to process cooked or ready-to-eat foods;

(2)  where they have been used to process a food made from one species of animal, must be washed and disinfected immediately prior to being used to process a food made from a different species.

Containers that have held freshwater products intended for use as bait or for a use other than human consumption must be washed and disinfected prior to being used to hold freshwater products intended for human consumption.

O.C. 1305-93, s. 28.

10.3.1.10. Wire mesh instruments, except washing and pickling instruments, must be used solely for handling molluscs in the shell, crustaceans in the shell and unskinned fish.

O.C. 1305-93, s. 28.

10.3.1.11. (Revoked).

O.C. 1305-93, s. 28; O.C. 741-2008, s. 14.

10.3.1.12. Foods must not come into contact with floors or walls, and food containers must be placed on supports more than 10 cm above the floor.

Foods must be put into containers or wrapped in packaging in such way as to protect them from any contamination and, in the case of ready-to-eat foods, the containers or packaging must cover the foods completely.

O.C. 1305-93, s. 28.

10.3.1.13. Only utensils, containers and appliances made of non-toxic, stainless and non-rotting material may come into contact with freshwater products.

O.C. 1305-93, s. 28.

10.3.1.14. Where the premises, materials and equipment of a processing establishment or freshwater products cannery are also used for processing, canning or keeping foods other than freshwater products, operation of the establishment or cannery must meet the following requirements:

(1)  operations on freshwater products or sea food products may not be carried out in a room in which operations on meat or meat products are carried out at the same time;

(2)  operations on freshwater products or sea food products may be carried out in a room in which operations on different foods, other than meat or meat products, are carried out in a separate area;

(3)  tools and materials must be washed and disinfected between operations carried out on freshwater products or sea food products and operations on other products;

(4)  where perishable freshwater products or sea food products are refrigerated, they must be stored in a refrigerated chamber separate from the refrigerated chamber reserved for perishable meat products;

(5)  where packaged perishable foods other than meats and meat products are refrigerated, they may be stored in the same refrigerated chamber;

(6)  where perishable foods are frozen, they may be stored in the same frozen storage room, provided that:

(a)  freshwater products or sea food products are kept in an area separate from the area reserved for meats and meat products;

(b)  freshwater products, sea food products or other foods are kept at a temperature not exceeding -18ºC.

O.C. 1305-93, s. 28.

10.3.1.15. Inedible freshwater products or freshwater products soiled by foreign matter must immediately be placed in watertight waste containers that are made of washable material impervious to disinfectant and that have lids.

The lids on the containers must be closable.

O.C. 1305-93, s. 28.

10.3.1.16. The waste containers must:

(1)  bear the label “inedible product” elsewhere than on the bottom of the container, in bold, indelible lettering at least 2 cm high and of one colour, which must differ from the colour of the container.

(2)  be kept closed if not in constant use during processing operations.

O.C. 1305-93, s. 28.

10.3.1.17. The waste containers must, at the end of the day’s operations and, when full, during the day’s operations, be placed in the room prescribed in subparagraph 13 of the first paragraph of section 10.2.2.1, in subparagraph 3 of the first paragraph of section 10.2.3.1 or in subparagraph 8 of the first paragraph of section 10.2.4.1.

O.C. 1305-93, s. 28.

10.3.1.18. The content of such containers must then be eliminated by one of the following methods:

(1)  incineration in an installation complying with the prescriptions of the Environment Quality Act (chapter Q-2) and the regulations made thereunder;

(2)  landfilling in any site governed by the Environment Quality Act and its regulations;

(3)  (subparagraph revoked);

(4)  within 60 hours after the containers are filled, by delivery or shipping to a dismembering plant or by salvaging by a salvager provided for in Chapter 7 or by any public or private undertaking engaged in the collection or removal of residual materials;

(5)  in the case of inedible freshwater products, by conversion at the processing establishment or at the freshwater products cannery into flours, oils or products intended for animal feeds, or into industrial by-products.

Containers must be washed and disinfected as soon as they are emptied.

O.C. 1305-93, s. 28; O.C. 854-98, s. 23; O.C. 466-2005, s. 4; 1463-2022O.C. 1463-2022, s. 101.

10.3.1.19. Where a processing establishment or a freshwater products cannery contains a room that is equipped with equipment able to maintain a temperature not exceeding 7ºC and that is reserved for storing containers, the containers need not have lids.

O.C. 1305-93, s. 28.

10.3.1.20. Notwithstanding sections 10.3.1.15 and 10.3.1.17, remains of freshwater products obtained from processing or canning operations may be removed by means of a continuously moving device from the processing room prescribed in subparagraph 3 of the first paragraph of section 10.2.2.1 and in subparagraph 1 of the first paragraph of section 10.2.3.1 or from the processing and canning room prescribed in subparagraph 3 of the first paragraph of section 10.2.4.1.

O.C. 1305-93, s. 28; O.C. 725-94, s. 76.

10.3.1.21. Inedible freshwater products, freshwater products intended for use as bait, and waste must be kept outside rooms in which foods are handled and which are prescribed in subparagraphs 3 to 9 of the first paragraph of section 10.2.2.1, in subparagraphs 1 and 2 of the first paragraph of section 10.2.3.1 and in subparagraphs 3 to 6 of the first paragraph of section 10.2.4.1.

O.C. 1305-93, s. 28.

10.3.1.22. Upon completion of a freshwater products processing operation carried out in an unrefrigerated room, refrigerated and frozen foods must be stored in the refrigerated room or compartment or in the frozen storage room, respectively, prescribed in subparagraphs 6, 8 and 9 of the first paragraph of section 10.2.2.1, in subparagraph 2 of the first paragraph of section 10.2.3.1 and in subparagraph 5 of the first paragraph of section 10.2.4.1.

O.C. 1305-93, s. 28.

10.3.1.23. Frozen freshwater products subjected to thawing treatment must be thawed:

(1)  in a refrigerated room or compartment kept at a temperature not exceeding 4ºC;

(2)  in a container of running drinking water kept at a temperature not exceeding 21ºC so that the core temperature of such freshwater products does not exceed 4ºC; or

(3)  in a microwave oven, if such freshwater products are to be cooked immediately.

Thawed freshwater products must be kept at an internal temperature not exceeding 4ºC until they are shipped in that state or are processed.

Thawed freshwater products, where sold or held for sale in that state, must bear the words “thawed product” directly or on the package or label.

O.C. 1305-93, s. 28.

10.3.1.24. The following may not be used in the processing or canning of freshwater products:

(1)  antiseptics or other noxious substances;

(2)  salt or brine that has spoiled, is contaminated or has already been used.

O.C. 1305-93, s. 28.

10.3.1.25. Ice used for keeping freshwater products must be obtained from drinking water and must be free of contamination.

Such ice must be protected against contamination while being transported, handled or stored.

O.C. 1305-93, s. 28.

10.3.1.26. Freshwater products intended for human consumption must be free of any trace of antibiotics, parasiticides or antiseptics.

O.C. 1305-93, s. 28.

10.3.1.27. Canned freshwater products intended for human consumption must be free of all toxic micro-organisms and toxins.

O.C. 1305-93, s. 28.

10.3.1.28. The composition and characteristics of freshwater products must comply with the standards prescribed in Divisions 1, 6, 15, 16, 17, 21, 23 and 27 of Part B of the Food and Drug Regulations (C.R.C., c. 870) or the standards prescribed in sections 25 and 26 of Part II, sections 31 and 33 of Part III, sections 37 to 40 and 42 to 50 of Part IV, Parts V and VI, except sections 59, 60, 61, 64, 74 and 80, sections 99 to 102 of Part VII, sections 103 to 109 and 111 to 119, and the table in section 120 of Part VIII of the Fish Inspection Regulations (C.R.C., c. 802).

O.C. 1305-93, s. 28.

10.3.1.29. Packaging material that comes directly into contact with freshwater products must be new, clean and manufactured specifically for packaging foods.

O.C. 1305-93, s. 28.

10.3.1.30. Unpackaged freshwater products must be protected against handling and contamination by the public.

Notwithstanding the first paragraph, whole, gutted or headed fish and live crustaceans and molluscs may be handled by the public, where the public uses disposable plastic gloves or new plastic bags manufactured specifically to contain foods.

O.C. 1305-93, s. 28.

10.3.1.31. Wood or sawdust used to produce smoke for smoking freshwater products:

(1)  may not derive from softwood species;

(2)  may not have been treated with a chemical preservative or contain glue, paint, varnish or any other chemical.

O.C. 1305-93, s. 28.

10.3.1.32. Water intended for use or used in the processing of foods at a processing establishment or a freshwater products cannery must be drinking water.

O.C. 1305-93, s. 28.

10.3.1.33. Visitors who have access to a room that is used for receiving, processing, keeping or storing foods and that is prescribed in subparagraphs 1 to 10 and 12 of the first paragraph of section 10.2.2.1, in subparagraphs 1 and 2 of the first paragraph of section 10.2.3.1 and in subparagraphs 1 to 7 of the first paragraph of section 10.2.4.1, or to a room that is used for storing packaging materials or for storing equipment cleaning and disinfecting materials and that is prescribed in subparagraphs 15 and 17 of the first paragraph of section 10.2.2.1, in subparagraphs 4 and 6 of the first paragraph of section 10.2.3.1 and in subparagraphs 9 and 11 of the first paragraph of section 10.2.4.1 must comply with sections 10.3.1.2 to 10.3.1.6.

O.C. 1305-93, s. 28.

§ 10.3.2.  — Operations relating to freshwater products processing establishments

O.C. 1305-93, s. 28.

10.3.2.1. Operations at a processing establishment must be carried out in a continuous sequence, without any crossing over or overlapping of the different processing operations.

O.C. 1305-93, s. 28.

10.3.2.2. The slaughtering of frogs and the processing of frogs’ legs may not be carried out in the same processing establishment as the slaughtering and processing of freshwater fish, or freshwater crustaceans or molluscs.

O.C. 1305-93, s. 28.

10.3.2.3. Freshwater products processing operations, except those requiring heat, smoking, salting or drying, must be carried out in such way that the internal temperature of the products does not exceed 4ºC.

Notwithstanding the first paragraph, freshwater products received alive may be processed while their internal temperature is progressively lowered to a level not exceeding 4ºC.

O.C. 1305-93, s. 28.

10.3.2.4. Refrigerated freshwater products must be kept at an internal temperature of between 0ºC and 4ºC.

Frozen freshwater products must be kept at an internal temperature not exceeding -18ºC.

Semi-preserved freshwater products must be stored at a temperature not exceeding 10ºC.

O.C. 1305-93, s. 28.

10.3.2.5. The internal temperature of freshwater products intended for frozen storage may not exceed -18ºC prior to their storage in the room or compartment used for storing frozen foods and prescribed in subparagraph 9 of the first paragraph of section 10.2.2.1.

O.C. 1305-93, s. 28.

10.3.2.6. Processed freshwater products must be frozen by means of a technique that makes it possible to reduce the temperature at the centre of a block of unpackaged fillets 25 mm thick to -21ºC in 2 hours or less.

O.C. 1305-93, s. 28.

10.3.2.7. Freshwater products must be shipped from one of the following rooms or compartments:

(1)  a shipping room;

(2)  the processing room prescribed in subparagraph 3 of the first paragraph of section 10.2.2.1 and in subparagraph 1 of the first paragraph of section 10.2.3.1;

(3)  the room or compartment prescribed in subparagraphs 6 and 9 of the first paragraph of section 10.2.2.1 and in subparagraph 2 of the first paragraph of section 10.2.3.1.

Where products are shipped from the processing room referred to in subparagraph 2 of the first paragraph, they may not be shipped while processing activities are carried on in the room.

Notwithstanding the first paragraph, completely packaged freshwater products may be shipped from the receiving room prescribed in subparagraph 1 of the first paragraph of section 10.2.2.1.

O.C. 1305-93, s. 28.

10.3.2.8. The operator of a processing establishment must keep registers and vouchers for his operations, indicating in indelible lettering the following information for each day:

(1)  the type and quantity of the freshwater products purchased or received;

(2)  the date on which they were purchased or received;

(3)  the name and address of the supplier and, where the products are stored, the name and address of the warehouse operator and the location of the warehouse;

(4)  the type and quantity of the freshwater products sold or delivered;

(5)  the date on which they were sold or delivered;

(6)  the name and address of the consignee;

(7)  the manufacturer’s code used by the operator.

O.C. 1305-93, s. 28.

10.3.2.9. The registers and vouchers must be completed each time that freshwater products are purchased, received, sold or delivered, must remain at the processing establishment for inspection purposes and must be kept for at least 12 months from the date of the last entry in the registers or from the date on which the vouchers were drawn up.

O.C. 1305-93, s. 28.

10.3.2.10. The operator of a processing establishment must carry out quality control therein in accordance with the operating procedures determined by the Minister.

Where the operator requires the services of a person who is to be responsible for quality control, that person must hold a certificate issued by the Minister and attesting to the person’s ability to carry out the quality control.

O.C. 1305-93, s. 28.

10.3.2.11. Filleting, freezing, cooking and smoking operations may not be carried out in a slaughtering and gutting shop.

O.C. 1305-93, s. 28.

10.3.2.12. Any operation for which a room, an area or equipment is prescribed in section 10.2.2.1 or 10.2.3.1 must be carried out only in that room or area or using that equipment.

O.C. 1305-93, s. 28.

§ 10.3.3.  — Operations relating to freshwater products canneries

O.C. 1305-93, s. 28.

10.3.3.1. Operations at a freshwater products cannery must be carried out in a continuous sequence, without any crossing over or overlapping of the different canning operations.

O.C. 1305-93, s. 28.

10.3.3.2. Each batch of canned freshwater products must be identified before being sterilized and must remain identified until stored.

O.C. 1305-93, s. 28.

10.3.3.3. Canned freshwater products must be sterilized in such way as to make them free of all toxic micro-organisms.

The sterilization treatment must be registered on thermograms, which must be kept at the freshwater products cannery for 2 years from the date of registration.

O.C. 1305-93, s. 28.

10.3.3.4. A container of canned freshwater products must be completely airtight and hermetically sealed, without any bulging or trace of leaks.

O.C. 1305-93, s. 28.

10.3.3.5. Containers of canned freshwater products must be labelled as prescribed in section 3.3.3, except in subparagraph b of the first paragraph.

The metal lid of each container of freshwater products must bear the manufacturer’s code.

O.C. 1305-93, s. 28.

10.3.3.6. Freshwater products must be shipped from one of the following rooms or compartments:

(1)  a shipping room;

(2)  the processing and canning room prescribed in subparagraph 3 of the first paragraph of section 10.2.4.1;

(3)  the storage room prescribed in subparagraph 6 of the first paragraph of section 10.2.4.1.

Where products are shipped from the room referred to in subparagraph 2 of the first paragraph, they may not be shipped while processing or canning activities are carried on in the room.

Notwithstanding the first paragraph, canned freshwater products may be shipped from the receiving room prescribed in subparagraph 1 of the first paragraph of section 10.2.4.1.

O.C. 1305-93, s. 28.

10.3.3.7. Freshwater products canning operations, except those requiring heat, smoking or salting, must be carried out in such way that the internal temperature of the products does not exceed 4ºC.

O.C. 1305-93, s. 28.

10.3.3.8. Refrigerated freshwater products must be kept at an internal temperature of between 0ºC and 4ºC.

Frozen freshwater products must be kept at an internal temperature not exceeding -18ºC.

Semi-preserved freshwater products must be stored at a temperature not exceeding 10ºC.

O.C. 1305-93, s. 28.

10.3.3.9. The internal temperature of freshwater products intended for frozen storage prior to canning must not exceed -18ºC before such products are stored in the compartment prescribed in subparagraph b of subparagraph 1 of the first paragraph of section 10.2.4.1.

O.C. 1305-93, s. 28.

10.3.3.10. The operator of a freshwater products cannery must keep registers and vouchers for his operations, indicating in indelible lettering the following information for each day:

(1)  the type and quantity of the freshwater products purchased or received;

(2)  the date on which they were purchased or received;

(3)  the name and address of the supplier and, where the products are stored, the name and address of the warehouse operator and the location of the warehouse;

(4)  the type and quantity of the freshwater products sold or delivered;

(5)  the date on which they were sold or delivered;

(6)  the date and address of the consignee;

(7)  the manufacturer’s code prescribed in the second paragraph of section 10.3.3.5.

O.C. 1305-93, s. 28.

10.3.3.11. The registers and vouchers must be completed each time that freshwater products are purchased, received, sold or delivered, must remain at the freshwater products cannery for inspection purposes and must be kept for at least 12 months from the date of the last entry in the registers or from the date on which the vouchers were drawn up.

O.C. 1305-93, s. 28.

10.3.3.12. The operator of a freshwater products cannery must carry out quality control therein in accordance with the operating procedures determined by the Minister.

Where the operator requires the services of a person who is to be responsible for quality control, that person must hold a certificate issued by the Minister and attesting to the person’s ability to perform such inspection.

O.C. 1305-93, s. 28.

10.3.3.13. Any operation for which a room, an area or equipment is prescribed in section 10.2.4.1 must be carried out only in that room or area or using that equipment.

O.C. 1305-93, s. 28.

DIVISION 10.4

STANDARDS RESPECTING FISHING BOATS AND THE LANDING OF FRESHWATER PRODUCTS

O.C. 1305-93, s. 28.

10.4.1. Freshwater products handled and stored on fishing boats must be free of any contamination.

O.C. 1305-93, s. 28.

10.4.2. Premises, equipment and materials containing or coming into contact with freshwater products must be clean.

O.C. 1305-93, s. 28.

10.4.3. Premises, equipment and materials used in handling, processing or storing freshwater products must be washed and disinfected at the end of the day’s operations or, where they are contaminated, before being reused.

O.C. 1305-93, s. 28.

10.4.4. The internal temperature of dead freshwater products kept on board must be lowered in such way as to be maintained at not more than 4ºC.

O.C. 1305-93, s. 28.

10.4.5. Freshwater products must, immediately upon landing or, where weighing operations are carried out on the wharf, immediately after those operations have been completed, be put and kept in bins complying with BNQ standard Pêches — Contenants — Bacs en matière plastique pour le transport et l’entreposage des produits de la pêche, BNQ 1620-800, published on 12 September 1984.

O.C. 1305-93, s. 28.

10.4.6. A fork may not be used to handle freshwater products.

Freshwater products must be protected against any contamination, bad weather, and solar radiation during landing and while they are kept on the wharf.

O.C. 1305-93, s. 28.

DIVISION 10.5

STANDARDS RESPECTING THE STORAGE OF FRESHWATER PRODUCTS AND THE KEEPING OF LIVE FRESHWATER PRODUCTS

O.C. 1305-93, s. 28.

10.5.1. Frozen freshwater products intended for human consumption and frozen freshwater products intended for a use other than human consumption must be at an internal temperature not exceeding -18ºC before they enter a cold storage warehouse.

Freshwater products may not be frozen at a cold storage warehouse.

O.C. 1305-93, s. 28.

10.5.2. Freshwater products stored in a cold storage warehouse and intended for human consumption must be packaged or frosted so as to protect them against contamination and dehydration.

O.C. 1305-93, s. 28.

10.5.3. Freshwater products stored in a cold storage warehouse must be grouped into batches and each batch must bear a warehouse label indicating the date of receipt, as well as the batch number corresponding to the entries in the registers kept by the warehouse operator in accordance with sections 2.2.5 and 2.2.6.

O.C. 1305-93, s. 28.

10.5.4. A cold storage warehouse used for keeping freshwater products must be operated in accordance with sections 10.3.1.12, 10.3.1.13, 10.3.1.25 and 10.3.1.29.

O.C. 1305-93, s. 28.

10.5.5. Freshwater products intended for sale while alive and freshwater products intended for slaughtering must be kept alive until they are delivered to the buyer or are slaughtered.

O.C. 1305-93, s. 28.

CHAPTER 11

DAIRY PRODUCTS AND DAIRY PRODUCT SUBSTITUTES

O.C. 741-2008, s. 15.

DIVISION 11.1

GENERAL

O.C. 741-2008, s. 15.

11.1.1. In this Chapter,

“commercial sterility” means the condition obtained in a dairy product or dairy product substitute that has been processed by the application of heat alone or in combination with other treatments to render the dairy product free of all viable forms of micro-organisms, including spores, capable of growing in the product at normal temperatures at which the dairy product is designed to be held during distribution and storage; (stérilité commerciale)

“cream” means the fatty liquid obtained by separating the constituents of milk; (crème)

“dairy barn” means a building used primarily for housing and milking milk-producing animals; (étable)

“firm cheese” means cheese having a moisture on fat-free basis content of not less than 50% and not more than 62%; (fromage à pâte ferme)

“hard cheese” means cheese having a moisture on fat-free basis content of less than 50%; (fromage à pâte dure)

“identification number” means the identification referred to in paragraph 7 of section 2 of the Regulation respecting the traceability of certain animals (chapter P-42, r. 10.2); (numéro d’identification)

“inhibitor” means any antibiotic, antiseptic or other substance that inhibits the growth of bacteria; (substance inhibitrice)

“lot” means a specific quantity of a dairy product or dairy product substitute or a production unit identified by a number by which it can be traced during preparation or distribution; (lot)

“milk” means the lacteal secretion obtained from the mammary gland of a domestic animal such as a cow, goat or sheep and intended for human consumption; (lait)

“prepackaged” means packaged in the dairy plant in the container or package to be delivered to the consumer; (préemballé)

“raw milk or cream” means milk or cream that has not been subjected to heat treatment at a temperature above 40 ºC; (lait ou crème cru)

“semi-soft cheese” means cheese having a moisture on fat-free basis content of more than 62% and less than 67%; (fromage à pâte demi-ferme)

“soft cheese” means cheese having a moisture on fat-free basis content of more than 67% and less than 80%; (fromage à pâte molle)

“unpasteurized milk or cream” means milk or cream that has been subjected to heat treatment at a lower temperature than that of pasteurization; (lait ou crème non pasteurisé)

“warehouse” means an establishment or vehicle in which primarily dairy products or dairy product substitutes are stored. (entrepôt)

O.C. 741-2008, s. 15; O.C. 66-2009, s. 24.

11.1.2. For the purposes of subparagraph a.3 of the first paragraph of section 1 of the Act, milk is considered to be the main ingredient in the preparation of a food product if

(1)  the main ingredient is milk;

(2)  the main ingredient is a constituent of milk, such as milk fat or lactose; or

(3)  the main ingredient is a derivative of milk, such as cheese or butter.

O.C. 741-2008, s. 15.

11.1.3. The following food products that have pasteurized milk as the main ingredient are exempt from the application of this Chapter, except Division 11.9, and from the application of subparagraph k.1 of the first paragraph of section 9 of the Act:

(1)  cream fillings and desserts such as blancmange, sucre à la crème, rice or tapioca pudding and cheese or ice cream cakes or pies;

(2)  gravies or sauces to accompany meat, fish, vegetables or pasta; and

(3)  soups or veloutés.

O.C. 741-2008, s. 15.

DIVISION 11.2

CONSTRUCTION, LAYOUT AND OPERATION OF DAIRY FARMS

O.C. 741-2008, s. 15.

§ 1.  — General

O.C. 741-2008, s. 15.

11.2.1. In addition to the requirements of sections 3.1 to 3.3 of the Act, the construction, layout and operation of a dairy farm must meet the standards set out in this Division.

O.C. 741-2008, s. 15.

11.2.2. A dairy producer must have a dairy barn and a milk house used exclusively for storing and cooling milk, for cleaning and sanitizing operations and for storing medications and materials and equipment used in the production and handling of milk.

A dairy producer that prepares or cools all of the milk production within 2 hours after milking in a dairy plant located on the same site as the dairy farm is exempt from having a milk house provided the producer has premises that are used exclusively for cleaning, sanitizing and maintaining the equipment used in milk production.

O.C. 741-2008, s. 15.

§ 2.  — Dairy barns

O.C. 741-2008, s. 15.

11.2.3. Bovine, caprine and equine animals may be housed in the dairy barn provided they are housed in separate areas according to species. Ovine animals may also be housed in the dairy barn provided they are kept in premises separate from the areas housing the other species.

Despite the first paragraph and except during milking, cats and dogs may be allowed in the dairy barn.

O.C. 741-2008, s. 15.

11.2.4. A dairy producer’s dairy barn must meet the following requirements:

(1)  the floor must

(a)  be of hard, smooth, washable and impervious material;

(b)  be free of stagnant water; and

(c)  not be slatted if milking takes place in the dairy barn;

(2)  ramps and platforms must be of washable impervious material;

(3)  gutters and aisles must be of hard, smooth, washable and impervious material;

(4)  mangers and water troughs must be of hard, smooth, washable and impervious material and the water troughs must be supplied with potable water;

(5)  the dairy barn must be laid out and maintained to prevent the entry, nesting or breeding of insects, birds, rodents or other pests;

(6)  the dairy barn must be ventilated to eliminate condensation and odours that could affect the milk;

(7)  the dairy barn must have an artificial lighting system providing a luminous intensity of at least 20 decalux at the level of the animals’ udders in the areas where milking takes place and having a protective device to prevent contamination of the milk in the event of failure of the system;

(8)  if males or young animals are housed in the dairy barn, it must have separate stalls or pens for them; and

(9)  if the animals are not tied, the dairy barn must have a milking parlour, a milking area or a robotic milking system.

Note

A dairy producer that, on 30 July 2008, houses goats or sheep in a dairy barn with a dirt floor has 5 years after that date to bring the barn into conformity with the standards set out in subparagraph a of paragraph 1 of section 11.2.4. (O.C. 741-2008, s. 16)

O.C. 741-2008, s. 15.

§ 3.  — Milking parlours, milking areas and robotic milking systems

O.C. 741-2008, s. 15.

11.2.5. A milking parlour must meet the following requirements:

(1)  the floor must

(a)  be of hard, smooth, washable and impervious material;

(b)  be designed to prevent accumulation of water or dirt;

(c)  have a wastewater drainage system that prevents backflow, the spread of odours that could affect the milk, and contamination of the milking parlour;

(d)  not be slatted; and

(e)  be clean and free of accumulation of manure;

(2)  ramps and platforms must be of washable impervious material;

(3)  the ceiling, walls, doors and windows must be coated with hard, smooth, washable and impervious material;

(4)  doors, windows and all openings leading to the outside must be designed and maintained to prevent the entry of insects, birds, rodents or other pests;

(5)  the milking parlour must have a hot and cold potable running water system under pressure and hoses and nozzles installed for washing the milking parlour and equipment; the system must be protected against any source of contamination;

(6)  the milking parlour must be ventilated in accordance with paragraph 6 of section 11.2.4;

(7)  the milking parlour must have an artificial lighting system that complies with paragraph 7 of section 11.2.4; and

(8)  where needed, the milking parlour must be heated to prevent freezing.

Note

A dairy producer that, on 30 July 2008, has a milk house whose wastewater disposal system does not meet the standards set out in subparagraph c of paragraph 1 of section 11.2.5 has 5 years after that date to meet those standards. (O.C. 741-2008, s. 17)

O.C. 741-2008, s. 15.

11.2.6. A milking area must meet the requirements of paragraphs 1, 2 and 5 to 8 of section 11.2.5 and, if applicable, the requirements of paragraphs 3 and 4 of that section, with the necessary modifications.

O.C. 741-2008, s. 15.

11.2.7. A robotic milking system must be installed in premises that meet the requirements of paragraphs 1, 3, 5, 7 and 8 of section 11.2.5, with the necessary modifications, and the bottom of one of the walls must have an opening allowing the robot arm to extend to the exterior of the premises and be placed under the animals’ udders.

The premises must also have a sink and all materials necessary for sanitary hand washing and drying.

The air pressure inside the premises must be maintained at a higher level than that of the rest of the dairy barn by means of a continuous supply of uncontaminated air.

The robotic milking system must be kept clean by means of automatic washing and sanitizing cycles.

O.C. 741-2008, s. 15.

11.2.8. The milking area and the robotic milking system premises must be separated from the rest of the dairy barn by a holding area with a clean floor free of accumulation of manure.

O.C. 741-2008, s. 15.

11.2.9. Only dairy production animals may be allowed in the milking parlour or area and the holding area. They must not, however, have access to the milking parlour or those areas outside milking times.

O.C. 741-2008, s. 15.

§ 4.  — Milk houses

O.C. 741-2008, s. 15.

11.2.10. A milk house must be at least 30 m from any source of contamination, such as a manure pile, stable, pig barn or temporary manure storage. The traffic areas outside a milk house must be laid out so as to exclude animal traffic and must be free of excrement.

No animal may be allowed in a milk house and all milk house doors must be closed after each use.

O.C. 741-2008, s. 15.

11.2.11. A milk house must meet the requirements of paragraphs 1, 3 to 6 and 8 of section 11.2.5.

The air intake of the ventilation system referred to in paragraph 6 of section 11.2.5 must not be located near a source of contamination.

O.C. 741-2008, s. 15.

11.2.12. In addition to the requirements of section 11.2.11, a milk house must meet the following standards:

(1)  the ceiling must be high enough to allow inspection of the bulk milk tank and its content and, if applicable, complete removal of the gauge in a vertical position for readings;

(2)  if the milk house provides access to the part of the dairy barn used to house animals or to the milking area, the milk house must be separated from that part of the barn by a room or corridor at least 3 m long whose walls, ceiling and floor meet the requirements of paragraphs 1 and 3 of section 11.2.5, with the necessary modifications;

(3)  the milk house must have an artificial lighting system providing luminous intensity of at least 50 decalux at 1 m from the floor and having a protective device to prevent contamination of the milk in the event of failure of the system;

(4)  the milk house must be equipped with a sink for washing equipment and a sink for washing hands; if there is no separate sink for hand washing, the sink must be a 2-compartment sink with one compartment used exclusively for washing equipment and one for washing hands; the sinks must be supplied by the potable water distribution system referred to in paragraph 5 of section 11.2.5 and must be connected by a trap pipe to a floor drain; the system must be protected against any source of contamination;

(5)  the milk house must have the necessary materials for sanitary washing and drying of hands;

(6)  if the milk house contains a washroom, it must be located and maintained so that it does not constitute a source of contamination for the milk or equipment and it must not lead directly into the milk house;

(7)  the milk house must have corrosion- and rot-free facilities in which the materials and equipment used in the production and handling of milk are stored in such a way that they do not come into contact with the floor;

(8)  the milk house must have an area or compartment used exclusively for storing cleaning materials and containers of detergent and sanitizers that is located where the milk cannot be contaminated or affected;

(9)  the milk house must have in one of its walls a hose port used exclusively for the passage of the hose connecting the tank of the milk transport truck during milk collection; the hose port must be closed after each use;

(10)  the milk house must be constructed and laid out so that milk collection operations may be performed under sanitary conditions and the tester may activate the milk transfer pump and monitor operations from inside the milk house; and

(11)  the milk house must have facilities designed so that the hose connecting the tank of the milk transport truck to the bulk milk tank remains clean.

O.C. 741-2008, s. 15.

11.2.13. A dairy producer must post in a conspicuous place in the milk house, or in the dairy plant referred to in section 11.2.2, the cleaning and sanitizing procedures recommended by the manufacturers of the equipment and agents used and ensure that they are followed.

O.C. 741-2008, s. 15.

11.2.14. A milk house must contain a bulk tank used exclusively for the storage and cooling of milk that must be accessible for inspection, cleaning, sanitizing, gauging or measuring, and milk collection. The part of the tank that does not contain an access port, an air intake or hoses in which the milk flows may be located outside the milk house.

O.C. 741-2008, s. 15.

11.2.15. The bulk milk tank must

(1)  have an agitator to restore the homogeneity of the milk without using an air agitation system;

(2)  have a gauge or measuring rod and calibration table to read and determine with accuracy the volume of milk in the tank; the bulk milk tank, gauge and calibration table must have the same serial number;

(3)  be capable of holding at least 60 hours of the herd’s milk production at peak production;

(4)  be designed to cool and maintain milk at the storage temperature required by section 1.4.1;

(5)  have an operating thermometer with a range of 0°C to 50°C accurate to within 1°C located so that it can be read; and

(6)  have an outlet cap.

Milk from a dairy species other than a cow may be stored and cooled in facilities other than the bulk tank provided that, in addition to being accessible for inspection, handling, washing and sanitizing, the facilities meet the standards set out in subparagraphs 4 and 5 of the first paragraph.

O.C. 741-2008, s. 15.

11.2.16. The receiving room where air is eliminated from the milk must be located in the milk house or in a place where it is protected at all times against any source of contamination. The receiving room must be located so that maintenance can be performed under sanitary conditions.

O.C. 741-2008, s. 15.

11.2.17. A refrigeration compressor that is not built into the bulk milk tank, the milking system vacuum pump and the water pump must not be installed in the milk house.

O.C. 741-2008, s. 15.

11.2.18. The premises referred to in the second paragraph of section 11.2.2 must meet the requirements of paragraphs 1, 3 to 6 and 8 of section 11.2.5 and paragraphs 2 to 8 of section 11.2.12, with the necessary modifications. The milking system vacuum pump and the water pump must not be installed on those premises.

O.C. 741-2008, s. 15.

11.2.19. The pit or other installation for collecting washwater must not be located inside or under the milk house, under the area referred to in the second paragraph of section 11.2.2, under the milking room or area or under the room or corridor separating the milk house from the dairy barn.

Despite the first paragraph, a dairy producer that, on 30 July 2008, has a pit or installation that is not in compliance with the first paragraph is exempt from moving it if it is sealed. However, if major renovations are made to the floor, the pit or installation must be moved so that it meets the standard.

O.C. 741-2008, s. 15.

11.2.20. A dairy producer must notify an authorized person in writing of any alteration to the dairy farm or the construction of a new building at least 30 days before the start of the work.

O.C. 741-2008, s. 15.

§ 5.  — Milking standards

O.C. 741-2008, s. 15.

11.2.21. A dairy producer must use different milking and milk storage equipment for each dairy species. However, the same milking equipment may be used for goats and sheep provided the equipment is washed and sanitized after each use.

O.C. 741-2008, s. 15.

11.2.22. If milking is performed elsewhere than in a milking parlour, it must not be done while bedding is being changed or disturbed or while feed is being distributed.

Manure need not be removed daily if a loose housing system is used. The bedding must, however, be laid out so as to provide the animals with a clean dry rest area.

If a tie-stall housing system is used and milking is not done in a milking parlour or area, manure must be removed daily.

Sheep manure must be disposed of in a manner that will not contaminate areas or premises where there are other dairy animals.

O.C. 741-2008, s. 15.

11.2.23. Milkers must wear clean clothing and must wash and sanitize their hands and dry them with a single-use towel so that their hands are always clean during milking operations.

Before milking, a milker must

(1)  ensure that the sides, flanks, tail, belly and udder of each animal are clean;

(2)  collect the first streams of milk from each teat in a receptacle used exclusively for that purpose and examine them before discarding; and

(3)  wash and sanitize the teats with a towel and dry them with a second towel; the towels must not be used for more than one animal during the same milking period.

If milking is performed with an automated milking system, the milker must ensure that the animals are clean. The system must wash and sanitize the teats and discard the first milk streams.

O.C. 741-2008, s. 15.

11.2.24. Immediately after milking, a milker must

(1)  sanitize the teats with a sanitizing spray or a teat dip;

(2)  return portable equipment to the milk house and clean and store the equipment; and

(3)  protect stationary equipment against any source of contamination.

If milking is performed with an automated milking system, the teats must be sanitized in accordance with subparagraph 1 of the first paragraph.

O.C. 741-2008, s. 15.

11.2.25. The milk extracted at a milking must be brought to the storage temperature required by section 1.4.1 and maintained within that temperature range until it is collected in compliance with the following process:

(1)  1 hour after each first transfer of milk into the bulk milk tank or other facility referred to in the second paragraph of section 11.2.15, the milk temperature must not exceed 10 ºC;

(2)  2 hours after the first transfer, the milk temperature must be 4°C or less but above 0 °C;

(3)  at each subsequent transfer, the milk temperature must not exceed 10°C; and

(4)  1 hour after each subsequent transfer, the milk temperature must be 4°C or less but above 0 °C.

The process described in the first paragraph does not apply if the milk is prepared within 2 hours after the milking in a milk plant located on the site of the dairy farm on which it has been collected.

Sheep’s milk may be frozen after being cooled in accordance with the first paragraph. Its internal temperature must not exceed -18 ºC within a maximum period of 36 hours after the milking and it must be maintained at that temperature until it is prepared.

The dairy producer must take the milk temperature daily. In the case of cow’s milk, the producer must record the temperature with a thermograph or any other equivalent device. The temperature readings must be kept in a record for 1 year after the date of the last entry.

O.C. 741-2008, s. 15.

11.2.26. The surfaces of materials and equipment that come into contact with the milk must meet the requirements of section 2.1.4.

The materials and equipment must be used exclusively for milk production and collection operations.

O.C. 741-2008, s. 15.

11.2.27. Materials and equipment that come into contact with the milk must be

(1)  washed immediately after use or whenever they become contaminated;

(2)  kept dry and stored free of any source of contamination after each use; and

(3)  sanitized before further use.

O.C. 741-2008, s. 15.

§ 6.  — Dairy animal health and feeding

O.C. 741-2008, s. 15.

11.2.28. Animals whose milk is for human consumption must be free of disease and disease germs transmissible by milk.

O.C. 741-2008, s. 15.

11.2.29. Only medications, drugs and products authorized for sale to be administered to animals under the Food and Drugs Act (R.S.C. 1985, c. F-27), the Feeds Act (R.S.C. 1985, c. F-9) or the Pest Control Products Act (S.C. 2002, c. 28) may be administered to a dairy animal. The medications, drugs and products must be administered as prescribed by a veterinary surgeon and if the medication is authorized for sale without a prescription, it must be administered as directed by the manufacturer’s instructions on the label.

The medications, drugs and products referred to in the first paragraph must be stored as instructed by the manufacturer and in a manner that prevents contamination of the milk, materials and equipment. If they are kept in the milk house, they must be stored in a cupboard. Those intended for lactating animals must be kept separate from other medications, drugs and products.

Expired medications, drugs and products must not be kept in the milk house.

O.C. 741-2008, s. 15.

11.2.30. Every container of a medication, drug or product referred to in section 11.2.29 must be marked to identify its contents.

O.C. 741-2008, s. 15.

11.2.31. A dairy producer must mark each animal to which a medication, drug or product referred to in section 11.2.29 is administered until the end of the withdrawal period, and maintain a record of

(1)  the animal’s identification number if the animal is identified under the Regulation respecting the traceability of certain animals (chapter P-42, r. 10.2) or any other identifier used by the dairy producer;

(2)  the name of the medication, drug or product used;

(3)  the veterinary prescription number;

(4)  the start and end dates of the treatment period;

(5)  the withdrawal period;

(6)  the date on which the transfer of milk into the bulk tank is resumed; and

(7)  the name of the person who administered the medication, drug or product.

The information in the record must be retained at the dairy farm for at least 12 months after the date on which it is entered. All prescriptions for medications must also be retained in the record for the same period.

O.C. 741-2008, s. 15.

11.2.32. Feed for the dairy animals must be kept free of any source of contamination.

O.C. 741-2008, s. 15.

11.2.33. A dairy producer must alter the colour of the milk intended for animal consumption by means of a food colour referred to in Division 6 of Part B of the Food and Drug Regulations (C.R.C., c. 870).

O.C. 741-2008, s. 15.

§ 7.  —  Cleaning agents, sanitizers and pesticides

O.C. 741-2008, s. 15.

11.2.34. No person may use a cleaning agent, sanitizer or pesticide that is not authorized under section 2.2.3.3.

O.C. 741-2008, s. 15.

11.2.35. Pesticides and other pest control products must be stored in a closed compartment outside the milk house, except pesticides or products whose original container states that they may be stored in places where food is kept, in which case they must be used and stored in such a manner that they do not contaminate the milk or the surface of materials and equipment that come into contact with milk.

O.C. 741-2008, s. 15.

11.2.36. Every container of cleaning agent, sanitizer or pesticide must be marked to identify its contents.

O.C. 741-2008, s. 15.

DIVISION 11.3

QUALITY OF RAW MILK AND RAW CREAM

O.C. 741-2008, s. 15.

11.3.1. Raw milk and raw cream must be free of

(1)  blood and foreign particles or substances;

(2)  colostrum;

(3)  coagulation;

(4)  chemical or foreign substances; and

(5)  odours that could affect it.

O.C. 741-2008, s. 15.

11.3.2. Raw milk and raw cream must be free of microbial toxins and must meet the standards set out in Schedule 11.A.

O.C. 741-2008, s. 15.

DIVISION 11.4

MILK COLLECTION AND TRANSPORT

O.C. 741-2008, s. 15.

§ 1.  — Milk collection

O.C. 741-2008, s. 15.

11.4.1. When collecting milk at a dairy farm, a tester must

(1)  accept or reject the milk on the basis of its temperature and, in accordance with section 11.3.1, its appearance and odour;

(2)  measure the volume of the milk in the bulk tank;

(3)  once each month, before the milk is transferred to the tank of the milk transport vehicle, aseptically take a representative sample of not less than 30 ml the milk in the bulk tank after it has been agitated for at least 5 minutes to ensure its homogeneity;

(4)  for cow’s milk or goat’s milk, take a representative sample of not less than 30 and not more than 50 ml of the milk in the bulk tank by means of the mechanical sampler on the milk transport tank or, if the mechanical sampler cannot be used, directly from the bulk tank, before the start of the transfer to the milk transport tank and after the milk has been agitated for at least 5 minutes to ensure its homogeneity; and

(5)  rinse the interior surfaces of the bulk tank with cold or lukewarm water after the milk has been transferred to the milk transport tank and leave the premises in the same state of cleanliness as found on arrival.

In order to be representative, a sample required under subparagraph 4 of the first paragraph must be at least equivalent to a sample taken per 80 litres of milk pumped when collected at the farm. If the sample must be recovered from the mechanical sampler in an intermediary container, the tester must agitate the container to ensure homogeneity before transferring the required volume into the identified and sealed final container.

If milk from a dairy species other than a cow is delivered to the plant in containers, a tester must

(1)  accept or reject the milk in accordance with subparagraph 1 of the first paragraph; and

(2)  once each month, aseptically collect a sample of the milk stirred to homogeneity in the plant’s receiving tank that must contain only the milk from one shipment from the same dairy producer.

All samples taken must be stored at a temperature above 0°C but not higher than 4°C until they are analyzed and must be sent to the Minister’s laboratory or to any other laboratory designated by the Minister. Every sample container must be hermetically closed and sealed by a single-use cap and bear, in indelible characters, the number of the dairy producer and any corresponding bar code.

O.C. 741-2008, s. 15.

11.4.2. The milk volume measurement required by subparagraph 2 of the first paragraph of section 11.4.1 must be taken with a measuring stick or gauge tube.

If the tank is equipped with a measuring stick, the tester must

(1)  ensure that the stick is dry, clean and upright;

(2)  lower the gauge into the bulk tank when the milk in the tank is still until it is seated fully in its support;

(3)  remove the stick at once and read and record the highest graduation mark closest to the milk line; and

(4)  repeat the operation until 2 identical readings are obtained.

If the tank is equipped with a gauge tube, the tester must

(1)  ensure that the tube is clean and that the graduation marks are easy to read;

(2)  open the valve at the bottom of the tube to allow the milk to flow in slowly; and

(3)  read and record the higher graduation mark at the bottom of the meniscus closest to the milk line.

O.C. 741-2008, s. 15.

11.4.3. The tester must enter on-site the following information on a voucher showing the dairy producer’s identification number assigned by the producers marketing board administering the joint dairy marketing plan established under the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1) or, in the absence of a joint plan, the dairy producer’s name and address or any other identifying number:

(1)  the date and time of the transfer of the milk into the tank;

(2)  the milk temperature, the gauge reading of the measuring stick or gauge tube of the milk tank and the milk volume determined using the calibration table;

(3)  the tester’s permit number; and

(4)  if the tester rejects the milk, the reasons for rejection.

The tester must immediately deliver the voucher to the dairy producer after attesting to the accuracy of the information entered. The tester must then give a copy of the voucher to the dairy plant operator and to the producers marketing board referred to in the first paragraph.

The operator and the board must retain their copies of the voucher at their establishment for at least 24 months after the date of the milk transfer referred to in subparagraph 1 of the first paragraph.

O.C. 741-2008, s. 15.

11.4.4. When collecting milk, the tester must comply with the requirements of subparagraphs 1 and 2 of the third paragraph of section 2.2.3 and also ensure that the door of the milk house remains closed.

O.C. 741-2008, s. 15.

§ 2.  — Transportation of milk

O.C. 741-2008, s. 15.

11.4.5. No person may transport from a dairy farm to a dairy plant any milk that has been rejected by a tester.

O.C. 741-2008, s. 15.

11.4.6. The tank of a milk transport vehicle must not be used to transport other products, unless the products are for human consumption and are not likely to affect the milk.

O.C. 741-2008, s. 15.

11.4.7. A tank truck used to transport milk must

(1)  have an airtight access port with a stainless steel hatch protected against dust by an exterior cover of hard, smooth, washable, impervious and corrosion-proof material;

(2)  have a compartment designed and used so that the milk sampling and transfer equipment and the milk samples are protected against any source of contamination;

(3)  be equipped with an automatic system for washing and sanitizing by flushing;

(4)  be constructed to prevent undulations in the tank walls and provide complete drainage of the tank; and

(5)  be equipped with a mechanical milk sampler, which must be maintained at a temperature of not less than 2°C; the tank truck must also be equipped for manual collection of samples.

The tank of a vehicle used exclusively to transport milk from dairy species other than cows or goats need not meet the requirements of subparagraph 5 of the first paragraph.

O.C. 741-2008, s. 15.

11.4.8. The interior and exterior walls of the tank and the welded seams and other joints must be

(1)  smooth, washable, impervious, corrosion-resistant and free of cavities and cracks;

(2)  designed to protect the milk against any source of contamination;

(3)  non-toxic and resistant to washing and sanitizing operations; and

(4)  unaffected by milk and the other food products referred to in section 11.4.6 and constructed or made so as not to affect them.

The interior wall of the tank must be of stainless steel.

O.C. 741-2008, s. 15.

11.4.9. The hose, pump and all equipment coming into contact with milk or the other food products referred to in section 11.4.6 must be

(1)  smooth, washable, impervious, corrosion-resistant and free of cavities and cracks;

(2)  non-toxic and resistant to washing and sanitizing operations;

(3)  unaffected by milk and manufactured so as not to affect the milk or other products; and

(4)  protected against any source of contamination.

O.C. 741-2008, s. 15.

11.4.10. A tank used to transport milk, and the equipment and welded seams and other joints of the tank must be constructed or made in accordance with the standards prescribed by the International Association of Food Industry Suppliers (IAFIS), the International Association for Food Protection (IAFP), the United States Public Health Service (USPHS), the Dairy Industry Committee (DIC) and the United States Department of Agriculture (USDA) Dairy Programs under the 3-A Sanitary Standards for Stainless Steel Automotive Transportation Tanks for Bulk Delivery and Farm Pick-up Service, Number 05-15, as published in Dairy Food and Environmental Sanitation, December 2002 (Vol. 22, No. 12).

O.C. 741-2008, s. 15.

11.4.11. A vehicle used to transport milk in containers must be equipped to protect the milk and the containers against any source of contamination. It must also be designed to prevent the temperature of the milk from rising above 4°C until it is delivered to the dairy plant.

O.C. 741-2008, s. 15.

11.4.12. A carrier must have any new tank used to collect milk inspected by an authorized person.

The authorized person affixes a certificate of compliance to tanks that comply with the standards prescribed by this Regulation.

O.C. 741-2008, s. 15.

11.4.13. The tank of a vehicle used to transport dairy products and its equipment must be washed and sanitized after the day’s last complete unloading at the dairy plant or, if the milk cannot be unloaded from the tank on the day it is collected, after the first complete unloading at the dairy plant on the following day. The truck tank and equipment must also be washed and sanitized after unloading the other food products referred to in section 11.4.6.

For that purpose, a dairy plant operator must provide, free of charge, premises and the equipment and materials necessary for washing and sanitizing operations to the tester or other milk collector. The dairy plant operator must also ensure that the containers used to transport milk are washed and sanitized after use.

O.C. 741-2008, s. 15.

11.4.14. After collection, the milk must be transferred

(1)  to a receiving tank in a dairy plant; or

(2)  to a tank or silo located on the site of a dairy plant or a transfer station that is equipped and maintained so that the transfer operations are performed under sanitary conditions.

O.C. 741-2008, s. 15.

11.4.15. For the purposes of sections 11.4.13 and 11.4.14, “dairy plant” does not include a vehicle.

O.C. 741-2008, s. 15.

11.4.16. Section 11.4.6, subparagraphs 1 to 4 of the first paragraph of section 11.4.7 and sections 11.4.8 to 11.4.13 also apply to vehicles used to transport milk from one dairy plant to another or from a transfer station referred to in paragraph 2 of section 11.4.14 to a dairy plant.

O.C. 741-2008, s. 15.

DIVISION 11.5

CONSTRUCTION, LAYOUT AND OPERATION OF DAIRY PLANTS

O.C. 741-2008, s. 15.

§ 1.  — Construction and layout

O.C. 741-2008, s. 15.

11.5.1. In addition to the conditions set out in sections 3.1 to 3.3 of the Act and Chapters 1 and 2 of this Regulation, the construction, layout and operation of a dairy plant must meet the standards set out in this Division.

O.C. 741-2008, s. 15.

11.5.2. A dairy plant must be located not less than 30 m from any source of contamination for products.

O.C. 741-2008, s. 15.

11.5.3. A dairy plant must contain

(1)  a milk receiving room, except as provided in section 11.5.4, that

(a)  is laid out so that operations may be performed under sanitary conditions;

(b)  is equipped with a system of automatic washing by flushing for the milk transport tank and washing facilities for the materials and equipment used during milk collection and milk receiving; and

(c)  has an area where the milk samples taken must be stored at a temperature above 0°C but not higher than 4°C and handled under sanitary conditions;

(2)  premises used exclusively for storing containers of raw milk, if applicable;

(3)  preparation premises with entrances that do not open directly onto a waste room or a washroom;

(4)  a refrigeration room or facility;

(5)  a room or area for receiving ingredients and packaging and for shipping finished products;

(6)  a storage room containing an area set aside for products and ingredients and an area set aside for packaging material;

(7)  a waste compartment or room equipped with a door that opens to the outside;

(8)  if the dairy plant operator has employees, change rooms and a washroom that do not open directly onto dairy product preparation and storage premises;

(9)  a closed compartment or room where washing materials and cleaning agents and sanitizers are stored;

(10)  a closed compartment or room where pesticides and other pest control products are stored; and

(11)  a room used exclusively for heating units, compressors and electrical panelboards in which an area is set aside for the repair and maintenance of equipment.

O.C. 741-2008, s. 15.

11.5.4. The milk receiving room referred to in paragraph 1 of section 11.5.3 is not required if

(1)  the dairy plant does not receive any milk shipments by milk transport tank;

(2)  there is only a partial transfer of the milk in the tank of the vehicle used to collect milk in the dairy plant’s facilities, representing a volume less than 50% of the volume in the tank or a maximum volume of 17,000 litres;

(3)  the dairy plant receives only milk delivered in containers; or

(4)  the dairy plant operator provides testers or other milk collectors with premises and the equipment and materials necessary for washing and sanitizing the tanks of milk transport vehicles and their equipment, as required by the second paragraph of section 11.4.13.

In the circumstances described in subparagraphs 2 to 4 of the first paragraph, the dairy plant must nevertheless contain an outside area for receiving milk where the ground is covered with a hard impervious material and equipped with a drain. The dairy plant must also contain the area referred to in subparagraph c of paragraph 1 of section 11.5.3 for handling samples.

O.C. 741-2008, s. 15.

11.5.5. In addition to meeting the standards set out in sections 2.1.2 to 2.1.5, a dairy plant must also meet the following requirements:

(1)  the floor must

(a)  be designed to prevent accumulation of water and dirt; and

(b)  allow the discharge of wastewater in a manner to prevent back-flow, the spread of odours that could affect the products, and contamination of the dairy plant;

(2)  the ceiling, walls, doors and windows must be coated with hard, smooth, washable and impervious material;

(3)  the elevated facilities such as walkways and conduits in the preparation areas must be coated with hard, smooth, washable and impervious material;

(4)  the preparation premises and areas must have the necessary facilities and materials for hand washing, drying and sanitizing and the facilities must be accessible and supplied with hot and cold potable running water under pressure;

(5)  the dairy plant must be equipped with a hot and cold potable water distribution system under pressure that is protected against any source of contamination and contains a filtration system that eliminates sediment from the potable water used in the preparation of the dairy products;

(6)  the dairy plant must be provided with hoses and nozzles for washing the premises and facilities;

(7)  the dairy plant must be equipped with a rainwater and wastewater disposal system designed with separate drainage systems and having inspection ports, flush mechanisms, drainage siphons, protection grids and a solids interceptor; washroom drainage piping must be separate from that of the other facilities until outside the plant; and

(8)  the dairy plant must be equipped with a ventilation system providing constant air renewal and removal of vapours, condensation and odours that could affect or contaminate the dairy products.

O.C. 741-2008, s. 15.

11.5.6. The washrooms of a dairy plant must be supplied with hot and cold potable water under pressure and hand washing and sanitary drying materials.

O.C. 741-2008, s. 15.

11.5.7. A dairy plant operator must notify an authorized person in writing of any alteration to the dairy plant or the construction of a new building at least 30 days before the start of the work.

O.C. 741-2008, s. 15.

§ 2.  — Operation

O.C. 741-2008, s. 15.

11.5.8. In addition to the requirements of sections 2.2.3, 2.2.3.1 and 2.2.3.2, a person assigned to the preparation or handling of dairy products, ingredients or packaging material must

(1)  wear light-coloured work clothes that will readily show dirt and that have no pockets above the waist; the work clothes must be used exclusively for work at the dairy plant;

(2)  change clothes or wear a protective garment and disinfect shoes whenever there is a risk of product contamination; and

(3)  refrain from chewing gum.

All other persons who enter receiving, preparation, washing or storage areas or premises must, in addition to wearing the protective garment provided by the dairy plant operator, comply with the requirements of subparagraphs 1, 2 and 5 of the third paragraph of section 2.2.3 and section 2.2.3.1.

O.C. 741-2008, s. 15; O.C. 477-2010, s. 20.

11.5.9. Steam introduced into the dairy products or coming into direct contact with the surfaces of materials and equipment used to prepare the dairy products must be generated from potable water and must be free of contamination.

Air used in the dairy product preparation processes must be free of contamination.

O.C. 741-2008, s. 15.

11.5.10. The surfaces of materials and equipment that come into contact with the products must meet the standards set out in section 2.1.4.

The doors of all premises must be closed after each use.

O.C. 741-2008, s. 15.

11.5.11. Materials and equipment that come into contact with the products must be

(1)  washed immediately after use or whenever they become contaminated;

(2)  kept dry and stored away from any source of contamination; and

(3)  sanitized immediately before use.

The surfaces of the equipment and materials must be scoured using a non-metallic device or pad.

O.C. 741-2008, s. 15.

11.5.12. Waste must be disposed of in a manner that does not contaminate the products, premises, materials and equipment or the surrounding area of the plant and is not likely to contaminate the potable water.

In addition to meeting the standards set out in the second paragraph of section 2.1.3.3, waste receptacles must have hermetically sealable lids and be made of washable material resistant to waste and cleaning products. The receptacles must be brought to the waste room or compartment at the end of the day’s operations or as soon as they are full.

O.C. 741-2008, s. 15.

11.5.13. All cleaning agents, sanitizers, pesticides and other pest control products must be stored in a room, a closed compartment or an area used exclusively for that purpose. The compartment or area must be located outside the premises where dairy products are prepared. All containers of cleaning agents, sanitizers, pesticides or other control products must be marked to identify their contents.

Despite the first paragraph, if a portion of cleaning agent or sanitizer must be used on a daily basis, identified containers of the daily-use portions may be stored inside the product preparation premises in a closed compartment in a manner that does not contaminate the dairy products or the materials and equipment that come into contact with them.

O.C. 741-2008, s. 15.

11.5.14. No person may use a container or packaging material that is not in the Reference Listing of Accepted Construction Materials, Packaging Materials and Non-Food Chemical Products published by the Canadian Food Inspection Agency and available at http://www.inspection.gc.ca

O.C. 741-2008, s. 15.

11.5.15. Cheese must be ripened in a dairy plant.

O.C. 741-2008, s. 15.

11.5.16. If temperatures are recorded with a thermograph referred to in the second paragraph of section 2.1.3.2 or an equivalent device, the curves in each chart must not overlap.

The temperature of every room or area and every refrigeration facility must be taken or recorded daily on a chart and a record maintained of

(1)  the name of the person in charge of monitoring the room, area or facility;

(2)  the room, area or facility whose temperature was taken or recorded; and

(3)  the date the temperature was taken.

O.C. 741-2008, s. 15.

11.5.17. A dairy plant operator must maintain a record for each ingredient purchased or received containing

(1)  the name of the ingredient purchased or received;

(2)  the exact quantity or weight;

(3)  the date of receipt;

(4)  the lot number or, if the ingredient is raw milk, the dairy producer’s identification number assigned by the producers marketing board administering the joint dairy marketing plan established under the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1) or, in the absence of a joint plan, the dairy producer’s name and address or any other identifying number; and

(5)  for ingredients other than milk, the name, address and telephone number of the supplier.

O.C. 741-2008, s. 15.

11.5.18. A dairy plant operator must maintain a record for each dairy product prepared in the plant containing

(1)  the name of the dairy product prepared;

(2)  the date of preparation;

(3)  the exact quantity or weight of each ingredient used;

(4)  the lot number of each ingredient or, in the case of raw milk, the dairy producer’s identification number assigned by the producers marketing board administering the joint dairy marketing plan established under the Act respecting the marketing of agricultural, food and fish products (chapter M-35.1) or, in the absence of a joint plan, the dairy producer’s name and address or any other identifying number;

(5)  the lot number of the dairy product prepared; and

(6)  the exact quantity or weight of each lot of dairy product prepared.

O.C. 741-2008, s. 15.

11.5.19. A dairy plant operator must maintain a record for the dairy products the operator ships or delivers containing

(1)  the name of the dairy product shipped or delivered;

(2)  the exact quantity or weight;

(3)  if applicable, the name, address and telephone number of the supplier of any pre-prepared dairy product;

(4)  the shipping or delivery date; and

(5)  the name, address and telephone number of the consignee and, if applicable, the address of the place where the dairy products are stored.

The operator must also take the necessary measures to efficiently withdraw or recall, in accordance with section 3.4 of the Act, any dairy product that is unfit for human consumption, that is so deteriorated as to be unfit for human consumption, whose safety is uncertain, for which there is no information or for which the information appearing on the product or its packaging does not enable the product to be consumed safely.

O.C. 741-2008, s. 15.

11.5.20. Invoices and other supporting documents may serve as a record provided they contain the same information as that required by sections 11.5.17 to 11.5.19.

The records must be arranged in alphabetical order and retained for at least 12 months from the date of the last entry. The same applies to invoices and other supporting documents, which must be retained for at least 12 months from the date they are produced or received.

The records, invoices or other supporting documents for dairy products that can be stored for longer than 12 months must be retained for 24 months.

Records, invoices and other supporting documents must be legible and be available on the operating premises. They must be produced at the request of an authorized person.

O.C. 741-2008, s. 15.

11.5.21. This Division, except sections 11.5.3, 11.5.4, 11.5.9, 11.5.10, 11.5.11, 11.5.17 and 11.5.18, applies, with the necessary modifications, to dairy product warehouses.

For the purposes of this Division, a dairy plant used only for ripening pre-packaged cheese is considered to be a dairy product warehouse.

O.C. 741-2008, s. 15.

DIVISION 11.6

SPECIAL PROVISIONS APPLYING TO THE PREPARATION OF CERTAIN RAW MILK OR UNPASTEURIZED CHEESES

O.C. 741-2008, s. 15.

11.6.1. This Division applies to dairy plant operators that prepare soft or semi-soft cheeses from raw or unpasteurized milk, and market them without a minimum 60-day ripening period at 2°C or higher after their preparation start date.

This Division also applies to dairy producers that supply the dairy plant operators with milk for the preparation of those cheeses.

O.C. 741-2008, s. 15.

11.6.2. In addition to the conditions set out elsewhere in this Regulation, dairy plant operators subject to this Division must comply with the following standards:

(1)  if the potable water used by the dairy plant is not supplied by a distribution system governed by the Regulation respecting the quality of drinking water (chapter Q-2, r. 40), the dairy plant operator must have the potable water in the plant’s distribution system analyzed monthly by a laboratory accredited by the Minister of Sustainable Development, Environment and Parks under section 118.6 of the Environment Quality Act (chapter Q-2) to ensure that the water is free of fecal coliforms and Escherichia coli bacteria and that it contains no more than 10 total coliforms per 100-ml water sample;

(2)  the dairy plant operator must use only milk that is free of pathogenic micro-organisms to prepare the cheeses referred to in section 11.6.1;

(3)  the dairy plant operator must use the milk within 24 hours after the milking;

(4)  the dairy plant operator must test the milk monthly to ensure it is free of Listeria monocytogenes bacteria and meets the standards set out in Schedule 11.A regarding Staphylococcus aureus bacteria, and test the milk every 3 months to ensure it is free of Salmonella bacteria;

(5)  the dairy plant operator must test the cheeses monthly to ensure that the sample analyzed contains no more than 500 colony-forming units per gram of Escherichia coli bacteria or 1,000 colony-forming units per gram of Staphylococcus aureus bacteria and is free of Listeria monocytogenes bacteria, and test the cheeses every 3 months to ensure that they are free of Salmonella bacteria.

If the milk is not free of pathogenic micro-organisms or the analysis required by subparagraph 4 of the first paragraph shows that the milk does not meet the standards set out in Schedule 11.A regarding Staphylococcus aureus bacteria, the dairy plant operator must cease acquiring milk from the dairy producer that supplied the milk until analysis results are negative for 2 consecutive days.

If the analysis required by subparagraph 5 of the first paragraph shows a concentration of Escherichia coli or Staphylococcus aureus bacteria higher than the permitted concentration, the dairy plant operator must have the necessary number of samples of those cheeses analyzed to ensure that the standards set out in Schedule 11.C are met.

O.C. 741-2008, s. 15.

11.6.3. Dairy plant operators subject to this Division must maintain a record of

(1)  the name and address of the dairy producer supplying the dairy plant;

(2)  the milking dates and times for the milk used in the preparation of the cheeses referred to in section 11.6.1;

(3)  the start dates and times of the cheese preparation process;

(4)  the temperature and acidity readings of the cheeses during preparation;

(5)  the dates and results of the analyses required by subparagraphs 1, 4 and 5 of the first paragraph of section 11.6.2; and

(6)  the names of the cheeses.

The information in the record must be retained at the dairy plant for at least 12 months after the date on which it is entered.

O.C. 741-2008, s. 15.

11.6.4. Dairy producers subject to this Division must have the health of their herds tested monthly by a veterinary surgeon in a program that includes

(1)  a monthly visit consisting of

(a)  an assessment of the general state of health of the herd;

(b)  preventive mastitis control measures;

(c)  the individual somatic cell counts of lactating animals;

(d)  verification and interpretation of all milk analysis results; and

(e)  preventive monitoring of the herd;

(2)  a microbiological analysis of the milk of each animal

(a)  upon establishment of the program;

(b)  upon the introduction of the animal into the herd;

(c)  at the beginning of lactation; and

(d)  after treatment of mastitis and before reintroduction of the milk into the bulk milk tank; and

(3)  a herd health record containing

(a)  a general record containing

i.  dates of herd vaccinations and dewormings;

ii.  vaccines and vermifuges administered;

iii.  identification of the vaccinated and dewormed animals; and

iv.  withdrawal times to be observed; and

(b)  the individual health record of each dairy animal containing

i.  the animal’s identification number and, if applicable, its name;

ii.  its birth date;

iii.  its breed; and

iv.  a section on the general health of the animal and a section on the health of the udder containing the diagnoses made by a veterinary surgeon, dates of the diagnoses, prescribed treatments, medications administered and withdrawal times.

A dairy producer must keep the following documents with the records referred to in subparagraph 3 of the first paragraph:

(1)  medication prescriptions;

(2)  copies of the veterinary surgeons’ statements of fees;

(3)  reports of the monthly visits by a veterinary surgeon; and

(4)  results of the microbiological analyses referred to in subparagraph 2 of the first paragraph.

The information in the records must be retained at the dairy farm for at least 12 months after the date on which it is entered. The same retention period applies to the documents referred to in the second paragraph from the date they are produced.

O.C. 741-2008, s. 15.

11.6.5. Dairy producers subject to this Division must also

(1)  implement a monthly milk monitoring program to ensure that the standards set out in Schedule 11.A regarding the somatic cell count in the milk produced by each animal are met;

(2)  if the potable water in their distribution system is not supplied by a distribution system governed by the Regulation respecting the quality of drinking water (chapter Q-2, r. 40), have the water analyzed monthly by a laboratory accredited by the Minister of Sustainable Development, Environment and Parks under section 118.6 of the Environment Quality Act (chapter Q-2) to ensure that it is free of fecal coliforms and Escherichia coli bacteria and that it contains no more than 10 total coliforms per 100-ml water sample; and

(3)  have their milking equipment tested and calibrated yearly by the manufacturer or by a distributor that installs milking equipment.

O.C. 741-2008, s. 15.

11.6.6. In addition to the herd health records referred to in subparagraph 3 of the first paragraph of section 11.6.4, dairy producers subject to this Division must maintain a record of

(1)  the dates and times of milkings;

(2)  the date on which the producer’s milking equipment was tested and calibrated in accordance with paragraph 3 of section 11.6.5 and the name, address and capacity of the person who performed those operations;

(3)  the data collected from the milk monitoring program under paragraph 1 of section 11.6.5; and

(4)  the dates and results of the potable water analyses under paragraph 2 of section 11.6.5.

The information in the record must be retained at the dairy farm for at least 12 months after the date on which it is entered.

O.C. 741-2008, s. 15.

11.6.7. A dairy producer must provide the information referred to in subparagraph 1 of the first paragraph of section 11.6.6 to the dairy plant operator.

O.C. 741-2008, s. 15.

DIVISION 11.7

HEAT TREATMENT

O.C. 741-2008, s. 15.

11.7.1. Subject to Division 11.6 and section 11.7.4, all dairy products must be subjected to pasteurization or ultra-high temperature treatment in accordance with the standards set out in Schedule 11.B.

In addition, an analysis of a sample from a dairy product or a food product containing milk or cream that has been pasteurized or treated using ultra-high temperature must show a negative reaction to the alkaline phosphatase test according to the method used.

O.C. 741-2008, s. 15.

11.7.2. Subject to Division 11.6 and section 11.7.4, no person may hold, prepare, purchase for sale, make available for sale or storage or offer for sale or storage, sell, serve in a place where it will be consumed, transport, cause to be transported or accept for a destination anywhere in Québec, a raw dairy product or a food product containing raw milk or cream for human consumption, unless it is for the purpose of subjecting it to heat treatment in accordance with the standards set out in this Division.

O.C. 741-2008, s. 15.

11.7.3. Pasteurization or any other heat treatment must be performed in a dairy plant.

O.C. 741-2008, s. 15.

11.7.4. Despite sections 11.7.1 and 11.7.2, pasteurization or ultra-high temperature treatment is not required for milk products used in the preparation of

(1)  cheeses that have a minimum 60-day ripening period at 2°C or higher after their preparation start date; and

(2)  soft cheese or semi-soft cheese that has a ripening period shorter than the period in paragraph 1, if the cheese is prepared by a dairy plant operator that complies with the raw milk cheese preparation standards set out in Division 11.6.

O.C. 741-2008, s. 15.

11.7.5. During the pasteurization process, the temperature of every particle of the dairy product must not fall below the temperatures in Schedule 11.B; during ultra-high temperature treatment, the temperature must not fall below the temperatures in Schedule 11.B.

Every particle of an unfermented or unconcentrated fluid dairy product including cheese whey must be cooled to the storage temperature required by section 1.4.1 immediately after pasteurization, or immediately after ultra-high temperature treatment if the dairy product or cheese whey is not aseptically packaged in sterilized hermetically sealed containers.

For low-temperature slow pasteurization, the dairy product or cheese whey must be cooled within one hour.

O.C. 741-2008, s. 15.

11.7.6. A dairy product must not come into contact with coolants or heating liquids, pressurized steam that is contaminated or generated from non-potable water, or any source of contamination during any stage of a heat treatment process referred to in section 11.7.1. A dairy product that has been subjected to the process must not come into contact with a dairy product that has not.

O.C. 741-2008, s. 15.

11.7.7. During all stages of high-temperature short-time pasteurization or ultra-high temperature treatment, the pressure of the dairy product must be maintained at 14 kPa greater than the pressure of the steam and cooling or heating liquids. The pressure of a dairy product that has been subjected to the process must be maintained at 14 kPa greater than the pressure of a dairy product that has not.

O.C. 741-2008, s. 15.

11.7.8. Equipment used in high-temperature short-time pasteurization or in ultra-high temperature treatment must ensure

(1)  monitoring of the pressure relationship as provided in section 11.7.7;

(2)  monitoring with a thermometer of the temperature of pasteurization or ultra-high temperature treatment throughout the pasteurization process and, for milk or cream sold or offered as such, the last temperature of the milk or cream when leaving the heat exchanger;

(3)  in the case of pasteurization, continuous recording, with a thermograph or equivalent device, of the temperature of pasteurization, the temperature of the diverted flow, the position of the flow diversion valve, and the last temperature of milk or cream sold or offered as such when it leaves the heat exchanger;

(4)  in the case of ultra-high temperature treatment, continuous recording, with a thermograph or equivalent device, of the temperature of the ultra-high temperature treatment, the diversion temperature if there is more than one temperature, the time the diversion device is in the forward flow position and the last temperature of milk or cream sold or offered as such when it leaves the heat exchanger;

(5)  monitoring of the milk flow and, if the pasteurizer has a magnetic flowmeter, recording of the flow and the position of the flow diversion valve; and

(6)  automatic diversion of the dairy product from the regular flow if the high-temperature short-time pasteurization and ultra-high temperature treatment times and temperatures in Schedule 11.B are not reached and, if required, discharge of the dairy product into the supply tank to subject it to pasteurization or ultra-high temperature treatment a second time.

Despite subparagraph 6 of the first paragraph, the automatic diversion function to which that subparagraph refers is not required on high-temperature short-time pasteurizers or ultra-high temperature treatment equipment having an automatic shutdown device to stop the processing of the dairy products if

(1)  the pasteurization and ultra-high temperature treatment times or temperatures in Schedule 11.B are not reached; or

(2)  the pressure of a dairy product subjected to the treatment is not maintained at 14 kPa greater than the pressure of a dairy product that has not been subjected to it.

The automatic shutdown device must also start and control the washing and sanitizing cycles of the pasteurizer or ultra-high temperature treatment equipment.

O.C. 741-2008, s. 15.

11.7.9. Equipment used in low-temperature slow pasteurization must ensure

(1)  continuous agitation of the dairy product so as to maintain uniform temperature;

(2)  protection of the dairy product against any source of contamination by means of a lid;

(3)  throughout the pasteurization process, thermometer monitoring of the dairy product temperature and the temperature of the air between the dairy product and the lid; and

(4)  continuous recording of the dairy product temperature with a thermograph or equivalent device.

The temperature of the air between the dairy product and the lid taken at a distance of between 2.5 cm above the dairy product and 5 to 9 cm below the lid must be at least 3°C higher than the minimum pasteurization temperature.

O.C. 741-2008, s. 15.

11.7.10. Equipment used to sterilize dairy products in their containers must ensure

(1)  throughout the sterilization process, thermometer monitoring of the sterilization temperature and continuous recording with a thermograph or equivalent device of the duration and temperature of the sterilization process; and

(2)  continuous monitoring and recording of the pressure inside the sterilizer during sterilization.

O.C. 741-2008, s. 15.

11.7.11. A chart of the data recorded by a thermograph or equivalent device must be made for each day of use. The chart must

(1)  contain curves that do not overlap and that represent real time;

(2)  contain the date, identification of the equipment and operations for which it was used and name of the equipment operator;

(3)  show a comparison between the temperature reading of the indicating thermometer and the temperature recorded by the thermograph or equivalent device during the holding period during which the dairy product is maintained at the required temperatures during the heating process; and

(4)  show the temperature of the airspace referred to in subparagraph 3 of the first paragraph of section 11.7.9 at the start and end of the holding period.

Charts must be retained at the dairy plant for at least 12 months after the date on which the data are recorded or for at least 24 months if the dairy product prepared can be stored for longer than 12 months.

O.C. 741-2008, s. 15.

11.7.12. A dairy plant operator must have the plant’s pasteurizers or ultra-high temperature treatment equipment tested and calibrated by a holder of a certificate issued by the Institut de technologie agroalimentaire du Québec or any other recognition of equivalent qualification issued or recognized by a department or government body elsewhere in Canada attesting that the holder has the qualifications required for that purpose, or another certificate recognized as equivalent by the Minister under section 8.2 of the Act.

The pasteurizers and equipment must be tested and calibrated in accordance with generally recognized calibration practices, methods and frequencies for that type of equipment and, in the case of high-temperature short-time pasteurizers and ultra-high temperature treatment equipment, numbered seals must be affixed by the person referred to in the first paragraph on the following devices that have been calibrated:

(1)  flowmeters;

(2)  thermographs;

(3)  pressure gauges;

(4)  flow diversion valves; and

(5)  the thermometer if it is digital.

The person referred to in the first paragraph must also, if applicable, seal every access port of every computer connection capable of modifying the control parameters of pasteurizers.

The dairy plant operator must maintain a record of the dates and results of the testing of every device, the name and address of the tester and, if applicable, the seal numbers affixed by the tester.

The information in the record must be retained at the dairy plant for at least 12 months after the date on which it is entered or for at least 24 months if the information relates to a dairy product that can be stored for longer than 12 months.

O.C. 741-2008, s. 15; O.C. 1187-2011, s. 17.

11.7.13. Only pasteurizers or ultra-high temperature treatment equipment that have been tested and calibrated by a person referred to in the first paragraph of section 11.7.12, and whose devices referred to in that paragraph bear the seals affixed under that paragraph, may be used for pasteurization or ultra-high temperature treatment of dairy products.

O.C. 741-2008, s. 15.

DIVISION 11.8

STANDARDS FOR DAIRY PRODUCTS

O.C. 741-2008, s. 15.

§ 1.  — Composition of dairy products

O.C. 741-2008, s. 15.

11.8.1. Milk for human consumption as such must meet the following standards:

(1)  whole milk must contain not less than 3.25% milk fat and not less than 8.25% non-fat milk solids, and have a Vitamin D content per litre of not less than 355 and not more than 465 international units;

(2)  partly skimmed milk must contain 1% or 2% milk fat and not less than 8.25% non-fat milk solids, and have a Vitamin A content per litre of not less than 1,410 and not more than 2,930 international units and a Vitamin D content per litre of not less than 355 and not more than 465 international units;

(3)  skim milk must contain not more than 0.1% milk fat and not less than 8.25% non-fat milk solids, and have a Vitamin A content per litre of not less than 1,410 and not more than 2,930 international units and a Vitamin D content per litre of not less than 355 and not more than 465 international units;

(4)  enriched partly skimmed milk must contain 1% or 2% milk fat and not less than 10% non-fat milk solids, and have a Vitamin A content per litre of not less than 1,410 and not more than 2,930 international units and a Vitamin D content per litre of not less than 355 and not more than 465 international units;

(5)  enriched skim milk must contain not more than 1% milk fat and not less than 10% non-fat milk solids, and have a Vitamin A content per litre of not less than 1,410 and not more than 2,930 international units and a Vitamin D content per litre of not less than 355 and not more than 465 international units per litre;

(6)  fermented milk must be obtained by the action of a culture of micro-organisms and must contain not less than 8.5% non-fat milk solids and not less than 0.7% lactic acid;

(7)  buttermilk must be made from the preparation of butter and must contain not more than 2% milk fat and not less than 8.5% non-fat milk solids.

The dairy products referred to in subparagraphs 1 to 6 of the first paragraph must not be prepared from milk powder mixed with water or from milk protein concentrates. They must have a casein and milk serum protein concentration at least equal to that of the raw milk used to prepare the products. Only non-fat solids are used to determine the casein and milk serum protein content.

No preparation process for the products referred to in subparagraphs 1 to 6 of the first paragraph may result in reducing the milk protein content or in lowering the casein/serum protein ratio of the raw milk used to prepare those products.

Non-fat solids added to enrich milk must be from Grade Canada 1 skim milk powder in accordance with the Dairy Products Regulations (SOR/79-840).

Despite subparagraphs 1 to 5 of the first paragraph, adding vitamins to kosher milk, goat’s milk and sheep’s milk is not mandatory. The composition standards set out in subparagraphs 1 to 5 of the first paragraph do not apply to goat’s milk and sheep’s milk if no vitamins are added.

Folic acid at a level of not less than 5 and not more than 10 µg per 100 ml of ready-to-serve milk may be added to fluid goat’s milk or goat’s milk powder, in which case the third paragraph does not apply but the composition standards set out in subparagraphs 1 to 5 of the first paragraph apply.

O.C. 741-2008, s. 15; O.C. 477-2010, s. 21.

11.8.2. Cultured buttermilk and cream for human consumption as such must meet the following standards:

(1)  cultured buttermilk must be obtained by fermenting milk with a bacterial culture and contain not more than 3.25% milk fat, not less than 8.25% non-fat milk solids and not less than 0.7% lactic acid;

(2)  cream must contain not less than 10% milk fat; light cream must contain not less than 7% and not more than 7.5% milk fat;

(3)  whipping cream must contain not less than 32% milk fat;

(4)  sour cream must be obtained by fermenting cream with a bacterial culture or by the action of an acidulant and must contain not less than 14% milk fat and not less than 0.2% lactic acid.

O.C. 741-2008, s. 15.

11.8.3. Yogourt must be obtained by fermenting milk, partly skimmed milk or skim milk to which the following may be added:

(1)  milk-derived ingredients;

(2)  raw or processed plants including confections and seasonings or any other flavouring preparation within the meaning of the Food and Drug Regulations (C.R.C., c. 870);

(3)  food additives within the meaning of the Food and Drug Regulations;

(4)  vitamins, minerals, and omega-3 and omega-6 polyunsaturated fatty acids;

(5)  table salt;

(6)  cultures of harmless micro-organisms; and

(7)  sweeteners.

Yogourt must contain

(1)  not less than 0.7% lactic acid;

(2)  not less than 9.5% non-fat milk solids;

(3)  not less than 3% protein originating from the milk used without taking into account non-dairy ingredients;

(4)  not less than 1 x 107 colony-forming units per gram or per millilitre, depending on the form of presentation of the product, of live Lactobacillus bulgaricus and Streptococcus thermophilus bacteria.

Yogourt that contains raw or processed plants including confections and seasonings or any other flavouring preparation within the meaning of the Food and Drug Regulations must contain, despite subparagraph 2 of the second paragraph, not less than 8.2% non-fat milk solids and have a preservative content of not more than 50 ppm.

Despite subparagraphs 2 and 3 of the second paragraph and the third paragraph, drinkable yogourt must contain not less than 6.5% non-fat milk solids and not less than 2.2% protein originating from the milk used.

If the yogourt contains stabilizers, gelling agents, thickeners or emulsifiers, their content must not exceed 2%.

No preparation process for the yogourt listed in this section may result in reducing the milk protein content or in lowering the casein/serum protein ratio of the milk used to prepare the yogourt.

O.C. 741-2008, s. 15; O.C. 1009-2008.

11.8.4. Composition standards set out in sections 11.8.1 to 11.8.3 that establish a content standard for a dairy product component refer to the percentage by weight of the component per 100 parts of the dairy product.

O.C. 741-2008, s. 15.

11.8.5. All vitamins must be added before the milk is subjected to a heat treatment referred to in section 11.7.1.

O.C. 741-2008, s. 15.

11.8.6. Composition and identity standards that are not expressly referred to in this Division are the standards set out in the Food and Drug Regulations (C.R.C., c. 870) and in the Dairy Products Regulations (SOR/79-840). However, no person may add titanium oxide to dairy products.

All ingredients and components that go into the preparation of the products must meet the applicable standards set out in Parts B, D and E of the Food and Drug Regulations and must be used in the manner prescribed by those regulations.

O.C. 741-2008, s. 15.

11.8.7. A dairy plant operator may standardize the fat content of the diary products referred to in sections 11.8.1 to 11.8.3 provided it is done by removing or adding skim milk or partly skimmed milk or cream to the dairy product.

O.C. 741-2008, s. 15.

11.8.8. Subject to subparagraphs 1 to 5 of the first paragraph of section 11.8.1 and section 11.8.7, no person may add any ingredient to the dairy products referred to in those provisions, except lactase, flavouring preparations that meet the standards under Division 10 of Part B of the Food and Drug Regulations (C.R.C., c. 870) and, if such a preparation is added, sweeteners, salt, food colours, stabilizers and not more than 0.5% starch.

O.C. 741-2008, s. 15.

11.8.9. No non-milk protein substitutes or non-milk fat substitutes may be added to a dairy product.

O.C. 741-2008, s. 15.

§ 2.  — Microbiological standards

O.C. 741-2008, s. 15.

11.8.10. No dairy product for human consumption may contain any pathogenic micro-organisms, microbial toxins, inhibitors or other contaminants.

O.C. 741-2008, s. 15.

11.8.11. Every dairy product listed in Schedule 11.C that is in a dairy plant, warehouse or distribution vehicle must meet the microbiological standards set out in the Schedule.

The dairy products referred to in section 11.7.4 that are listed in Schedule 11.C and that are in such a plant, warehouse or vehicle must also meet those standards as soon as they are ready for marketing.

O.C. 741-2008, s. 15.

§ 3.  — Storage temperatures

O.C. 741-2008, s. 15.

11.8.12. Despite section 1.4.1, the following dairy products may be stored at the normal room temperature of the premises where they are kept:

(1)  hard cheese;

(2)  processed cheese, processed cheese spread and processed cheese preparation if they are commercially sterile and aseptically packaged in sterilized hermetically sealed containers;

(3)  powdered dairy products; and

(4)  other dairy products that are commercially sterile and aseptically packaged in sterilized hermetically sealed containers.

The following cheeses made from pasteurized milk with a moisture content of not less than 36% and not more than 44% may be stored at a room temperature of not more than 24°C for 24 hours after the date of their preparation at the dairy plant:

(1)  fresh cheddar cheese;

(2)  cheddar cheese curds; and

(3)  unripened firm or semi-soft cheese with a minimum milk fat content of 25%.

O.C. 741-2008, s. 15.

§ 4.  — Labelling and packaging of dairy products

O.C. 741-2008, s. 15.

11.8.13. The following information must appear in indelible, legible and visible characters on the container or package of all dairy products packaged for sale:

(1)  the name of the product, or if the product is prepackaged cheese subject to section 70 of the Dairy Products Regulations (SOR/79-840), the information prescribed by that section;

(2)  the name and address of the preparer or the name and address of the person for which the product is prepared and the number of the dairy plant where the dairy product has been prepared;

(3)  the product volume in millilitres or litres or weight in grams or kilograms; if the dairy product is sold in a container or package holding individually wrapped units or portions of not more than 60 ml or 20 g, the number of units or portions in the container or package and the volume or weight of each unit or portion must appear on the container or package; the volume or weight is not required to appear on the individual units or portions sold in such a container or package;

(4)  a list of all ingredients and their components in descending order of predominance;

(5)  for cheeses referred to in the second paragraph of section 11.8.12, the date of preparation at the dairy plant and the words “refrigerate within 24 hours after the date of preparation”;

(6)  for cheeses made from raw milk, the start date of preparation and the words “made from raw milk” on the principal display panel of the label and in the list of ingredients;

(7)  for cheeses made from milk that has been subjected to heat treatment at a temperature lower than that of pasteurization, the start date of preparation and the words “unpasteurized milk” in the list of ingredients;

(8)  instructions for proper storage, if other than at normal room temperature;

(9)  for dairy products with a durable life of 90 days or less, the words “best before” followed by the date;

(10)  the product lot number;

(11)  for dairy products prepared with the milk of a dairy species other than a cow, the dairy species displayed on the principal display panel of the label;

(12)  the milk fat percentage and, for cheese, the moisture percentage; the milk fat percentage is not required to appear for butter, frozen dairy products, powdered milk products, evaporated milk and sweetened condensed milk; for goat’s milk and sheep’s milk packaged for sale, the milk fat percentage may be replaced by the minimum and maximum milk fat percentages;

(13)  for milk, partly-skimmed milk or skim milk that contains 10% or more non-fat milk solids, the words “with added milk solids”;

(14)  for yogourt in a beverage form, the words “drinkable yogourt” on the principal display panel of the label;

(15)  for dairy products referred to in subparagraphs 1 to 5 of the first paragraph of section 11.8.1, the words “Vitamin D added”, “Vitamins A and D added”, “Vitamin D and folic acid added”, or “Vitamins A and D and folic acid added”, as applicable;

(16)  for dairy products treated with lactase, the words “lactose reduced” or “reduced lactose content” with the percentage reduction appearing immediately above;

(17)  if a flavouring preparation has been added to the dairy product, the flavour must appear; for dairy products referred to in subparagraphs 1 to 5 of the first paragraph of section 11.8.1, the flavour must be part of the product name; and

(18)  the abbreviation “UHT” for dairy products subjected to ultra-high temperature treatment.

O.C. 741-2008, s. 15.

11.8.14. All prepackaged dairy products must be packaged as follows:

(1)  butter, light butter or calorie-reduced butter must be packaged in containers or packages of less than 21 g, in containers of 125, 250 or 454 g, or in containers of 500 g if the container or package holds individually wrapped 125-g or 250-g units;

(2)  cream must be packaged in containers or packages of not less than 15 and not more than 500 ml, or in 1, 2, 10 or 20-litre containers or packages, or for sour cream, if the volume of the product is greater than 500 ml, in 1 or 2-litre containers or packages;

(3)  all other fluid dairy products must be packaged in containers or packages of not less than 15 and not more than 500 ml, or in 1, 1.5, 2, 4, 10 or 20-litre containers or packages.

O.C. 741-2008, s. 15.

DIVISION 11.9

DAIRY PRODUCT SUBSTITUTES

O.C. 741-2008, s. 15.

§ 1.  — Authorized dairy product substitutes

O.C. 741-2008, s. 15.

11.9.1. For the purposes of this Division, sections 7.1 to 7.6 and subparagraph k.4 of the first paragraph of section 9 of the Act, the following substitutes are not considered to be dairy product substitutes:

(1)  powdered mixes used by consumers in puddings, dessert toppings and pie fillings;

(2)  salad dressings;

(3)  dairy product substitutes prepared especially for infants and babies; and

(4)  milk pudding substitutes.

O.C. 741-2008, s. 15.

11.9.2. No dairy product substitute may be prepared and marketed except

(1)  margarine that is a butter substitute;

(2)  liquid or powder coffee whitener that is a coffee cream substitute;

(3)  liquid or foam dessert topping that is a whipped cream or whipping cream substitute;

(4)  frozen dessert mixes that are ice cream mix substitutes; and

(5)  frozen desserts that are ice cream substitutes.

O.C. 741-2008, s. 15.

§ 2.  — Construction, layout and operation of establishments where dairy product substitutes are prepared

O.C. 741-2008, s. 15.

11.9.3. Division 11.5 applies, with the necessary modifications, to establishments where dairy product substitutes are prepared and dairy product substitute warehouses, except paragraph 1 of section 11.5.3 and sections 11.5.4 and 11.5.15.

The establishments must also have premises for receiving ingredients and components used in the preparation of the dairy product substitutes.

O.C. 741-2008, s. 15.

§ 3.  — Composition standards

O.C. 741-2008, s. 15.

11.9.4. In addition to the requirements of the Food and Drugs Act (R.S.C. 1985, c. F-27) and its regulations, the dairy product substitutes listed in section 11.9.2 must meet the following requirements:

(1)  margarine

(a)  must contain refined vegetable, animal or fish or marine mammal oils, or a mixture of those oils, with a 22-carbon monounsaturated fatty acid content that represents not more than 5% of the total fatty acids in the oils and that weigh

i.  the same as or 40% less than the total weight of all components; or

ii.  the same as or 80% greater than that weight;

(b)  may also have a non-fat milk solids content of not more than 2.8% of its total weight if it contains refined oils within the range set out in subparagraph i of subparagraph a, or 1.4% of its weight if it contains refined oils within the range set out in subparagraph ii of subparagraph a;

(2)  coffee whiteners must have a refined vegetable oil content of not less than 10% and may have a non-fat milk solids content of not more than 5%;

(3)  dessert toppings must have a refined vegetable oil content of not less than 16% and may have a non-fat milk solids content of not more than 5%;

(4)  frozen dessert mixes must have a refined vegetable oil content of not less than 5% and may have a non-fat milk solids content of not more than 15%; and

(5)  frozen desserts must have a refined vegetable oil content of not less than 5%, must contain 25 g of refined oils per litre, and may contain not more than 15% non-fat milk solids.

The composition standards set out in the first paragraph that establish a content standard for an ingredient or component of a dairy product substitute refer to the percentage by weight of the ingredient or component per 100 parts of the dairy product substitute.

O.C. 741-2008, s. 15.

11.9.5. The dairy product substitutes listed in section 11.9.2 must be free of any pathogenic micro-organisms, microbial toxins or other contaminants.

O.C. 741-2008, s. 15.

11.9.6. Every dairy product substitute listed in Schedule 11.D that is in a plant, warehouse or distribution vehicle must meet the microbiological standards set out in the Schedule.

O.C. 741-2008, s. 15.

§ 4.  — Storage temperature

O.C. 741-2008, s. 15.

11.9.7. Despite section 1.4.1, the following dairy product substitutes may be stored at the room temperature of the premises where they are kept:

(1)  dairy substitute powders;

(2)  commercially sterile dairy product substitutes maintained in their unopened original packaging.

O.C. 741-2008, s. 15.

§ 5.  — Labelling, packaging and advertising

O.C. 741-2008, s. 15.

11.9.8. The following information must appear in indelible, legible and visible characters on the container or package of all dairy product substitutes packaged for sale:

(1)  for butter substitutes, the word “margarine”, and for other substitutes, the word “substitute” with the name of the product it replaces, in letters at least half as high as the largest characters appearing on the container or package and at least as visible as any other information other than a trademark or brand name not prohibited by section 4.1 of the Act;

(2)  the words “calorie-reduced” before the word “margarine” in the same lettering as that of the word “margarine” if the fat or refined oil content is not greater than 40% of its total weight;

(3)  the name and address of the dairy product substitute preparer or, as the case may be, those of the person for which the product is prepared and the dairy product substitute preparation permit number of the establishment where the product has been prepared;

(4)  the product volume in millilitres or litres or weight in grams or kilograms; if the dairy product substitute is sold in a container or package holding individually wrapped units or portions of not more than 60 ml or 20 g, the number of units or portions in the container or package and the volume or weight of each unit or portion must appear on the container or package; the volume or weight is not required to appear on the individual units or portions sold in such a container or package;

(5)  a list of all ingredients and components in descending order of predominance and the percentage of the ingredient or component if a minimum or maximum is required by section 11.9.4;

(6)  the percentage of each type of oil or fat of the total fat used in the margarine, in characters not less than 2 mm high;

(7)  the lot number of the dairy product substitute; and

(8)  instructions for proper storage of the product.

O.C. 741-2008, s. 15.

11.9.9. Despite section 11.9.8, the following information must appear in indelible, legible and visible characters on the container or package of margarine packaged for sale in units of not more than 60 g:

(1)  the words “margarine” or “calorie-reduced margarine” in letters at least half as high as the largest characters appearing on the container or package and at least as visible as any other information other than a trademark or brand name not prohibited by section 4.1 of the Act; and

(2)  the name and address of the preparer; or

(3)  the name and address of the person for which the product is prepared and the dairy product substitute preparation permit number of the establishment where the product has been prepared.

O.C. 741-2008, s. 15.

11.9.10. The following information must appear in indelible, legible and visible characters on the container or package of margarine that is packaged for sale to consumers in a form that is different from the form in which it was prepared in the plant:

(1)  the word “margarine” or the words “calorie-reduced margarine” in letters at least half as high as the largest characters appearing on the container or package and at least as visible as any other information other than a trademark or brand name not prohibited by section 4.1 of the Act;

(2)  the name and address of the preparer or, as the case may be, those of the person for which the product is prepared and the dairy product substitute preparation permit number of the establishment where the product has been prepared; and

(3)  the percentage of each type of oil or fat of the total fat used.

O.C. 741-2008, s. 15.

11.9.11. A dairy plant operator that markets dairy product substitutes under the same name as the operator’s dairy products must display the name in uniform characters not higher than 3 mm and sufficiently close to the words “margarine” and “substitute” to avoid confusion in the minds of consumers.

O.C. 741-2008, s. 15.

11.9.12. Dairy product substitutes that have been subjected to ultra-high temperature treatment and are commercially sterile and aseptically packaged in sterilized hermetically sealed containers may be stored at the normal room temperature of the premises where they are kept.

O.C. 741-2008, s. 15.

11.9.13. In all advertising, a butter substitute must be expressly identified as “margarine” and other substitutes as “substitute” preceded by the name of the dairy product it replaces. The characters used to identify a dairy product substitute in written advertising must be the same as those used to display the trademark or brand name.

O.C. 741-2008, s. 15.

DIVISION 11.10

DISTRIBUTION OF DAIRY PRODUCTS AND DAIRY PRODUCT SUBSTITUTES

O.C. 741-2008, s. 15.

11.10.1. Dairy products or dairy product substitutes distribution workers must wear clean clothes in accordance with subparagraph 3 of the third paragraph of section 2.2.3.

O.C. 741-2008, s. 15.

11.10.2. No product that may transmit odours or constitute a source of contamination for dairy products and dairy product substitutes may be transported inside the transport compartment of a distribution vehicle and no person may smoke in the compartment.

O.C. 741-2008, s. 15.

11.10.3. The compartment of the distribution vehicle in which dairy products or dairy product substitutes are stored must

(1)  have interior walls made of smooth material that can be washed and sanitized;

(2)  be sufficiently impervious to prevent water, dust and insects from entering;

(3)  be free of animals and animal excrement; and

(4)  be kept closed except during loading and unloading operations.

O.C. 741-2008, s. 15.

11.10.4. The sides of vehicles distributing dairy products or dairy product substitutes must display the name and address of the preparer or distributor of the products in indelible, legible and visible characters.

O.C. 741-2008, s. 15.

DIVISION 11.11

PURCHASE AND WHOLESALE OF DAIRY PRODUCTS OR DAIRY PRODUCT SUBSTITUTES

O.C. 741-2008, s. 15.

11.11.1. Persons that purchase or sell dairy products or dairy product substitutes at wholesale and who are not operators of dairy plants or establishments that prepare dairy product substitutes must maintain a record of

(1)  the name of the product and the trade-mark;

(2)  the name and address of the supplier and the quantity purchased from the supplier;

(3)  the name and address of the buyer and the quantity sold to the buyer;

(4)  the address of the place to which the product was shipped or delivered; and

(5)  the shipping or delivery date.

The operator must also take the necessary measures to efficiently withdraw or recall, in accordance with section 3.4 of the Act, any dairy product or dairy product substitute that is unfit for human consumption, that is so deteriorated as to be unfit for human consumption, whose safety is uncertain, for which there is no information or for which the information appearing on the product or its packaging does not enable the product to be consumed safely.

O.C. 741-2008, s. 15; O.C. 477-2010, s. 22.

11.11.2. Invoices and other supporting documents may serve as a record provided they contain the same information as that required by section 11.11.1.

The records must be arranged in alphabetical order and retained for at least 12 months from the date of the last entry. The same applies to invoices and other supporting documents, which must be retained for at least 12 months from the date they are produced or received.

The records, invoices or other supporting documents for dairy products that can be stored for longer than 12 months must be retained for 24 months.

Records, invoices and other supporting documents must be legible and be available on the operating premises. They must be produced at the request of an authorized person.

O.C. 741-2008, s. 15.

DIVISION 11.12

RETAIL SALE OF DAIRY PRODUCTS AND DAIRY PRODUCT SUBSTITUTES AND RESTAURANT TRADE

O.C. 741-2008, s. 15.

11.12.1. Dairy product substitutes must be displayed and made available for sale, sold or delivered in their original packaging and must not have undergone any change in composition or presentation since leaving the plant, unless the product is served in an establishment where food is served in return for payment and the consumer is informed by an indication on the menu or, if there is no menu, a sign or a label as provided in section 7.6 of the Act.

O.C. 741-2008, s. 15.

11.12.2. Dairy product substitutes must be displayed at a sufficient distance from dairy products to avoid misunderstanding or confusion in the minds of consumers.

O.C. 741-2008, s. 15.

11.12.3. Retailers that repackage cheese must display the following information on the new container or package:

(1)  the name of the product or, if the product is prepackaged cheese subject to section 70 of the Dairy Products Regulations (SOR/79-840), the information prescribed by that section;

(2)  the name and address of the retailer and the name and address of the dairy plant where the cheese has been prepared or the number of that plant;

(3)  the weight of the cheese in grams or kilograms;

(4)  a list of all ingredients and their components in descending order of predominance;

(5)  for cheeses referred to in the second paragraph of section 11.8.12, the date of preparation at the dairy plant and the words “refrigerate within 24 hours after the date of preparation”;

(6)  for cheeses made from raw milk, the words “made from raw milk” on the principal display panel of the label and in the list of ingredients;

(7)  for cheeses made from milk that has been subjected to heat treatment at a temperature lower than that of pasteurization, the words “unpasteurized milk” in the list of ingredients;

(8)  instructions for proper storage, if other than at normal room temperature;

(9)  for dairy products with a durable life of 90 days or less, the words “best before” followed by a date prior to or identical to the date on the original container or package;

(10)  the repackaging date;

(11)  for dairy products prepared with the milk of a dairy species other than a cow, the dairy species displayed on the principal display panel of the label; and

(12)  the fat percentage and the moisture percentage.

O.C. 741-2008, s. 15.

11.12.4. Milk offered for sale directly to consumers must be placed on sale or served only in the original container filled at the plant or from that container.

Despite the preceding paragraph, milk and cream added to beverages or cereals in a restaurant with table or counter service may be offered in a serving container other than the original container provided

(1)  the serving container is filled from the original container immediately before serving; and

(2)  the unused portion is discarded at the end of the meal.

O.C. 741-2008, s. 15.

11.12.5. Materials and equipment that come into contact with dairy products or dairy product substitutes must be washed, sanitized or disinfected once a day or whenever they become contaminated.

O.C. 741-2008, s. 15.

11.12.6. Despite section 2.2.3.3, the sanitizers in the Reference Listing referred to in that section are authorized.

The sanitizers must be stored as recommended by the manufacturer in a closed compartment or in a space used exclusively for that purpose. The product containers must be marked to identify their contents.

O.C. 741-2008, s. 15.

11.12.7. Section 11.9.13 applies to all advertising of dairy product substitutes by a retailer and as to the indication required on the menu or, if there is no menu, on the sign or label, as provided in section 7.6 of the Act.

O.C. 741-2008, s. 15.

11.12.8. Dairy products and dairy product substitutes listed in Schedule 11.E or Schedule 11.F kept by a retailer or restaurateur must be free of pathogenic bacteria and microbial toxins and must meet the microbiological standards set out in those schedules.

A dairy product or dairy product substitute meets a microbiologicial standard set out in the schedules if a sample taken from the product shows that it does not exceed the limit of colony-forming units of each identified micro-organism set for the product.

O.C. 741-2008, s. 15.

SCHEDULE 1.2.A

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Sch. 1.2.A; O.C. 1573-91, s. 25.

SCHEDULE 1.3.A

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Sch. 1.3.A; O.C. 1055-82, s. 15; O.C. 397-88, s. 59; O.C. 1131-92, s. 10; O.C. 1305-93, s. 29; O.C. 238-99, s. 8; O.C. 1122-2004, s. 19; O.C. 922-2005, s. 26; O.C. 477-2010, s. 23.

SCHEDULE 1.3.B

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Sch. 1.3.B; O.C. 1055-82, s. 15; O.C. 397-88, s. 60; O.C. 1131-92, s. 11; O.C. 1305-93, s. 30; O.C. 238-99, s. 9; O.C. 1122-2004, s. 20; O.C. 922-2005, s. 27; O.C. 477-2010, s. 23.

SCHEDULE 1.3.C

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Sch. 1.3.C; O.C. 1305-93, s. 31; O.C. 922-2005, s. 28; O.C. 477-2010, s. 23.

SCHEDULE 1.3.D

(Revoked)

O.C. 1573-91, s. 24; O.C. 1769-92, s. 14; O.C. 1483-93, s. 9.

SCHEDULE 1.3.E

(Revoked)

O.C. 1573-91, s. 24; O.C. 1483-93, s. 9.

SCHEDULE 4.1.A

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Sch. 4.1.A; O.C. 1825-93, s. 3; O.C. 477-2010, s. 23.

SCHEDULE 4.1.B

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Sch. 4.1.B; O.C. 1825-93, s. 3; O.C. 477-2010, s. 23.

SCHEDULE 4.1.C

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Sch. 4.1.C; O.C. 1825-93, s. 3; O.C. 477-2010, s. 23.

SCHEDULE 4.1.D

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Sch. 4.1.D; O.C. 1825-93, s. 3; O.C. 477-2010, s. 23.

SCHEDULE 4.1.E

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Sch. 4.1.E; O.C. 1825-93, s. 3; O.C. 477-2010, s. 23.

SCHEDULE 4.1.F

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Sch. 4.1.F; O.C. 1825-93, s. 3; O.C. 477-2010, s. 23.

SCHEDULE 5.A

(s. 5.1.2)

GRADING OF EGGS

1.Grade Canada A: An egg may be graded Canada A if it is observed that:

(1) candling shows:

(a) a reasonably firm albumen;

(b) the blurred contour of the yolk;

(c) a round yolk placed reasonably close to the centre;

(d) an air space not exceeding 5 mm in depth;

(2) the shell:

(a) does not have more than 3 spots, their total surface does not exceed 25 mm2, and it is in all other respects free of dirt and spots;

(b) is of normal shape or almost normal, but may have slight bumps and wrinkles;

(c) is not cracked.

Notwithstanding the first paragraph, where an inspector carries out before grading the inspection of a sample of eggs from a lot:

(1) the quality of the albumen of the eggs from the sample must score an average value of not less than 67 Haugh units;

(2) the sample must contain not more than:

(a) 10% of the eggs having a cracked shell;

(b) 5% of the eggs having a dirty shell, in cases where the dirty area is greater than 160 mm2 but less than one-third of the area of the shell;

(c) 2.5% of the eggs having a dirty shell, in cases where the dirty area is equal to or greater than 1/3 of the area of the shell;

(d) 5% of the eggs having a stained shell, in cases where the stained area is greater than half the area of the shell;

(e) 10% of the eggs having a bumpy, wrinkled or misshapen shell;

(f) 5% of the eggs having an air space exceeding 5 mm in depth;

(g) 2.5% of the eggs that leak.

The total of the various percentages mentioned in subparagraphs a to g of subparagraph 2 of the second paragraph may not exceed 15% of the eggs in the sample.

2.Grade Canada B An egg may be graded Canda B if the egg:

(1) weighs not less than 49 g;

(2) does not meet the standards of Canada A;

(3) is not cracked;

(4) shows, on candling, a clearly outlined yolk;

(5) shows, on candling, a freely floating, slightly oblong yolk when the egg is rotated;

(6) shows, on candling, a yolk whose embryo is only slightly developed;

(7) shows, on candling, an air space not exceeding 9 mm in depth;

(8) has dirty areas on the shell not exceeding 40 mm2, and coloured stains having a total area of not more than 320 mm2,

(9) has a slightly abnormally shaped shell showing clearly bumps and wrinkles.

3.Grade Canada C: An egg may be graded Canada C if it:

(1) is free from dirty areas;

(2) shows a yolk with pronounced contours on candling;

(3) shows a clearly oblong yolk on candling, that does not adhere to the membrane of the shell;

(4) shows on candling meat spots or blood clots not exceeding 3 mm in diameter;

(5) has a shell with coloured spots having a total surface not exceeding one-third of the surface of the shell;

(6) has a cracked shell which does not let the contents leak.

O.C. 591-90, s. 1.

SCHEDULE 5.B

(s. 5.4.1)

_________________________________________________________________________________
| | | |
| Grade | Size | Weight of the egg |
| | | Not less Less |
| | | than than |
|___________________|_________________________________|___________________________|
| | | |
| 1. Canada A | Extra Large | 64 g - |
| 2. Canada A | Large | 56 g - |
| 3. Canada A | Medium | 49 g 56 g |
| 4. Canada A | Small | 42 g 49 g |
| 5. Canada A | Very small | - 42 g |
| 6. Canada B | Does not apply | - - |
| 7. Canada C | Does not apply | - - |
|___________________|_________________________________|___________________________|

O.C. 591-90, s. 1.

SCHEDULE 5.C

(s. 5.7.21)

CONDITIONS FOR COOLING AND HEATING

__________________________________________________________________________________
| | | | |
| |Cooled within 2 hours | | Cooled within 2 hours|
| |following breaking |Heated | after the end of the |
| | | | heating |
| |_______________________|_____________________|______________________|
| | | | | | | |
| | Maximum | Duration | Minimum |Duration | Maximum | Duration |
| |temperature| (hours) |temperature|(minute) |temperature| (hours) |
|_____________|_____|_____|_____|_____|_____|_____|_________|_____|_____|_____|____|
| | | | | | | | | | | | |
|A. LIQUID EGG| °F | °C |*Max.|+Min.| °F | °C | Min. | °F | °C |*Max.|Min.|
|_____________|_____|_____|_____|_____|_____|_____|_________|_____|_____|_____|____|
| | | | | | | | | | |
|(a)Albumen | 55 | 13 | 8* | 134 | 57 | 3.5 | 45 | 7 | |
| (without |or | | | | | | | | N/A |
| addition of| 45 | 7 | 8+ | | | | | | |
| chemicals) | | | | | | | | | |
| i. not to | 70 | 21 | | 132 | 56 | 6.2 | 55 | 13 | N/A |
| be |or | | | | | | | | |
| stabilized | | | | | | | | | |
| ii. to be | 55 | 13 | 8+ | | | | | | |
| stabilized | | | | | | | | | |
|_____________|_____|_____|___________|_____|_____|_________|_____|_____|__________|
| | | | | | | | | | |
|(b)Whole egg | 45 | 7 | 8* | 140 | 60 | 3.5 | 45 | 7 | 8* |
| |or | | | | | | | | |
| | 40 | 4 | 8+ | | | | 40 | 4 | 8+ |
|_____________|_____|_____|___________|_____|_____|_________|_____|_____|__________|
| | | | | | | | | | |
|(c)Whole egg | 45 | 7 | 8* | 142 | 61 | 3.5 | 45 | 7 | 8* |
| with 24,75%|or | | | | | | | | |
| to 38% of | 40 | 4 | 8+ | 140 | 60 | 6.2 | 40 | 4 | 8+ |
| egg solids | | | | | | | | | |
|_____________|_____|_____|___________|_____|_____|_________|_____|_____|__________|
| | | | | | | | | | |
|(d)i. Whole | 45 | 7 | 8* | 146 | 63 | 3.5 | 45 | 7 | 8* |
| egg with 2%|or | | | | | | | | |
| to 10% salt| 40 | 4 | 8+ | 144 | 62 | 6.2 | 40 | 4 | 8+ |
| | | | | | | | | | |
| ii. Whole | 65 | 18 | 30* | 146 | 63 | 3.5 | | | |
| egg with |or | | | | | | | | N/A |
| more than | 45 | 7 | 30+ | 144 | 62 | 6.2 | 65 | 18 | |
| 10% salt | | | | | | | | | |
| added | | | | | | | | | |
|_____________|_____|_____|___________|_____|_____|_________|_____|_____|__________|
| | | | | | | | | | |
|(e)Whole egg | 45 | 7 | 8* | 142 | 61 | 3.5 | 45 | 7 | 8* |
| mix with 2%|or | | | | | | | | |
| to 12% | 40 | 4 | 8+ | 140 | 60 | 6.2 | 40 | 4 | 8+ |
| added sugar| | | | | | | | | |
|_____________|_____|_____|___________|_____|_____|_________|_____|_____|__________|
| | | | | | | | | | |
|(f)Whole egg | 45 | 7 | 8* | 142 | 61 | 3.5 | 45 | 7 | 8* |
| with less |or | | | | | | | | |
| than 2% of | 40 | 4 | 8+ | 140 | 60 | 6.2 | 40 | 4 | 8+ |
| added | | | | | | | | | |
| ingredients | | | | | | | | | |
|_____________|_____|_____|___________|_____|_____|_________|_____|_____|__________|
| | | | | | | | | | |
|(g)Whole egg | 45 | 7 | 8* | 144 | 62 | 3.5 | 45 | 7 | 8* |
| with 24,75%|or | | | | | | | | |
| to 38% of | 40 | 4 | 8+ | 142 | 61 | 6.2 | 40 | 4 | 8+ |
| egg solids | | | | | | | | | |
| and 2% of | | | | | | | | | |
| added | | | | | | | | | |
| ingredients| | | | | | | | | |
|_____________|_____|_____|___________|_____|_____|_________|_____|_____|__________|
| | | | | | | | | | |
|(h)Yolk | 45 | 7 | 8* | 142 | 61 | 3.5 | 45 | 7 | 8* |
| |or | | | | | | | | |
| | 40 | 4 | 8+ | 140 | 60 | 6.2 | 40 | 4 | 8+ |
|_____________|_____|_____|___________|_____|_____|_________|_____|_____|__________|

| | | | | | | | | | |
|(i)Yolk mix | 45 | 7 | 8* | 146 | 63 | 3.5 | 45 | 7 | 8* |
| with 2% to |or | | | | | | | | |
| or more | 40 | 4 | 8+ | 144 | 62 | 6.2 | 40 | 4 | 8+ |
| added | | | | | | | | | |
| sugar | | | | | | | | | |
|_____________|_____|_____|___________|_____|_____|_________|_____|_____|__________|
| | | | | | | | | | |
|(j)i. Yolk | 45 | 7 | 8* | 146 | 63 | 3.5 | 45 | 7 | 8* |
| mix with 2%|or | | | | | | | | |
| or more | 40 | 4 | 8+ | 144 | 62 | 6.2 | 40 | 4 | 8+ |
| than 2% to | | | | | | | | | |
| 10% added | | | | | | | | | |
| salt | | | | | | | | | |
| ii. Yolk | 65 | 18 | 30* | 146 | 63 | 3.5 | | | N/A |
| mix with |or | | | | | | | | |
| 10% added | 45 | 7 | 30+ | 144 | 62 | 6.2 | 65 | 18 | |
| salt | | | | | | | | | |
|_____________|_____|_____|___________|_____|_____|_________|_____|_____|__________|
| | | | | | | | | | | |
|B.DRIED EGGS | | | | | | | | | | |
|Spray-dried | | | | |Days | | | | | |
|albumen | N/A | | 130 | 54 | 7 | | | | | |
|_____________|___________|_____|_____|_____|_____|_________|_____|_____|_____|____|
| | | | | | | | | | | |
|Pan-dried | N/A | | 125 | 52 | 5 | | | | | |
|albumen | | | | | | | | | | |
|_____________|___________|_____|_____|_____|_____|_________|_____|_____|_____|____|

O.C. 591-90, s. 1.

SCHEDULE 5.D

(s. 5.8.4)

DIMENSIONS OF CHARACTERS IN INSCRIPTIONS ON PACKAGES OF PROCESSED EGGS

Minimum height in
millimetres of the
characters in
inscriptions of the
designation of the
nature of the
processed eggs and
the net quantity of
Area of the principal surface the product
_______________________________ ___________________

1. Not exceeding 10 cm2, 0.8

2. Greater than 10 cm2, but not 1.6
exceeding 32 cm2

3. Greater than 32 cm2, but not 3.2
exceeding 258 cm2

4. Greater than 258 cm2, but not 6.4
exceeding 645 cm22

5. Greater than 645 cm2, but not 9.5
exceeding 2,580 cm2

6. Greater than 2,580 cm2 12.7

Any other inscription required by Division 5.8 of Chapter 5 must have a minimum height of 1.6 mm. That height may be reduced to 0.8 mm in the case of inscriptions appearing on the principal surface, but having an area not exceeding 10 cm2.

O.C. 591-90, s. 1.

TABLE 6.4.A

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Tab. 6.4.A; O.C. 725-94, s. 77.

SCHEDULE 6.4.B

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Sch. 6.4.B; O.C. 725-94, s. 78.

SCHEDULE 6.5.A

(s. 6.5.1.1)

STAMP MODEL

“Approved Québec”

R.R.Q., 1981, c. P-29, r. 1, Sch. 6.5.A.

TABLE 6.6.A

(ss. 6.6.3 and 7.1.1)

STANDARDS FOR THE POST MORTEM INSPECTION OF CARCASSES

6.6.A.1. Carcasses to be eliminated or complete confiscation

The carcasses of animals affected with one of the diseases found in the condition hereinafter mentioned shall be completely eliminated or shall be completely subject to confiscation:

6.6.A.1.1. Anaplasmosis.

6.6.A.1.2. Infectious equine anaemia.

6.6.A.1.3. Anaemia cachexia, persistant hydremia in the 24 hours following slaughtering.

6.6.A.1.4. Azoturia.

6.6.A.1.5. Blackleg.

6.6.A.1.6. Hog cholera.

6.6.A.1.7. Dourine.

6.6.A.1.8. Emaciation in which the condition of the carcass is characterized by loss of intermuscular tissue and internal fat and their replacement by a yellow gelatinous substance.

6.6.A.1.9. Viral encephalomyelitis (poisoning by fodder).

6.6.A.1.10. Vesicular exanthema.

6.6.A.1.11. Farcy.

6.6.A.1.12. Malignant catarrh.

6.6.A.1.13. Anthrax.

6.6.A.1.14. Texas fever.

6.6.A.1.15. Strangles.

6.6.A.1.16. Immaturity: There is immaturity when:

(a) the musculature appears to be water-soaked;

(b) the muscles of the rump are flaccid and solf, greyish red in colour;

(c) the fat of the region of the kidneys is edematous, dirty yellow or greyish red.

6.6.A.1.17. Inflammation: The carcass of an animal with mammitis, metritis, peritonitis, enteritis, pneumonia, pleurisy and meningitis shall be eliminated or confiscated, if there are acute lesions or numerous chronic inflammations.

6.6.A.1.18. Lymphosarcoma or generalized leukemia.

6.6.A.1.19. Skin diseases, such as the mange, thrush or any other generalized skin disease at an advanced stage and accompanied by emaciation or cachexia.

6.6.A.1.20. Glanders.

6.6.A.1.21. Parturition or giving birth within the 10 days preceding the slaughter of an animal affected with pyrexia or edema.

6.6.A.1.22. Hog plague.

6.6.A.1.23. Purpura hemorrhagica.

6.6.A.1.24. Pyemia.

6.6.A.1.25. Rabies.

6.6.A.1.26. Equine salmonellosis.

6.6.A.1.27. Sapremia.

6.6.A.1.28. Septicemia.

6.6.A.1.29. Tetanus.

6.6.A.1.30. Toxemia.

6.6.A.1.31. Tularemia.

6.6.A.1.32. Uremia.

6.6.A.2. Carcasses or parts of carcasses to be eliminated or confiscated

The carcasses of animals affected with a disease hereinafter mentioned or only the part of the carcass affected, depending on the extent of the disease and lesions hereinafter described, shall be completely eliminated or confiscated:

6.6.A.2.1. Abscesses and adhesions: Any organ or part of an animal affected with an abscess, suppurating sore or adhesion shall be eliminated or confiscated.

6.6.A.2.2. Antinomycosis, actinobacillosis, coccidioidomycosis, mucormycosis, tuberculosis:

(1) These diseases are considered generalized:

(a) when they are present at the usual seats of primary infection and in the organs or parts that may be reached only by the organisms in question being carried to them in the general circulation.

The presence of lesions in 2 of the following organs: the spleen, kidneys, uterus, udder, ovaries, testicles, adrenal gland, brain, spinal cord or their membranes shall be accepted as proof of generalization;

(b) when there are numerous lesions of one of such diseases distributed uniformly throughout both lungs.

(2) The carcass of an animal affected with one of the aforesaid generalized diseases shall be completely eliminated or confiscated.

(3) If the condition is not generalized, only the part affected shall be eliminated or confiscated.

6.6.A.2.3. Arthritis — polyarthritis:

(1) The carcass affected with generalized arthritis characterized by the evidence of periarticular abscesses or manifesting suppurative lesions in more than one joint shall be eliminated or confiscated.

(2) If the arthritis is localized and not associated with systemic change, the affected joint and corresponding lymph node only shall be confiscated.

6.6.A.2.4. Caseous lymphadenitis: The carcasses and parts of a carcass affected with caseous lymphadenitis shall be judged according to the extent of the lesions:

(a) the entire carcass shall be eliminated or confiscated if the disease is generalized or is associated with emaciation;

(b) if the disease is confined to one body gland, the corresponding part shall be confiscated.

6.6.A.2.5. Edema: The carcass affected with edema (hydrothorax, ascites, anasarca) shall be eliminated or confiscated, except if the affection is slight and confined to the seat of the infection. In such case, only the affected parts shall be confiscated.

6.6.A.2.6. Omphaloplebitis:

(1) Any carcass of an animal affected with a disorder of the navel and which also presents a lesion of arthritis, peritonitis, nephritis, pneumonia, pleurisy or an abscess on another organ shall be eliminated or confiscated.

(2) In the case of omphalophlebitis without complication, the liver alone may be eliminated or confiscated, according to the appreciation of the condition of the carcass.

6.6.A.2.7. Traumatic pericarditis:

(1) A carcass affected with traumatic pericarditis shall be eliminated or confiscated whenever there is a system change in the carcass, in particular if there is edema of the region of the breast and corresponding lymph nodes, associated with pneumonia, pleurisy or peritonitis.

(2) If a carcass affected with a slight and localized traumatic pericarditis is normal and dry within 24 hours of slaughtering, only the affected parts or organs shall be eliminated or confiscated.

6.6.A.2.8. Swine erysipelas:

(1) A hog carcass affected with the acute septicemic form of erysipelas shall be eliminated or confiscated.

(2) In the case of a hog carcass affected with the diamond-skin form, the affected parts shall be eliminated or confiscated.

6.6.A.3. Carcasses or parts of carcasses to be eliminated or confiscated as a result of pathological or abnormal conditions

The carcasses of animals exhibiting one of the following pathological or abnormal conditions, or only the affected part of the carcass, depending on the extent of the condition described hereinafter shall be completely eliminated or confiscated:

6.6.A.3.1. Neoplasm:

(1) If an organ or part of a carcass is affected with a primary malignant tumour, the entire carcass shall be eliminated or confiscated if there is evidence of metastasis in the muscles, skeleton or lymph nodes of the carcass; if there is no evidence of metastasis, only the organ or part affected shall be eliminated or confiscated.

(2) If a benign tumour affects an organ or a part of the carcass, only the affected organ or part of an otherwise sound carcass shall be eliminated or confiscated.

6.6.A.3.2. Abnormal odours:

(1) A carcass affected with a dietetic or pronounced medicinal odour, or with an abnormal metabolic odour shall be eliminated or confiscated.

(2) Carcasses smelling of urine or having a sexual odour must also be discarded or confiscated.

6.6.A.3.3. Pigmentation:

(1) Liver affected with marked carotenosis shall be eliminated or confiscated.

(2) Any carcass, organ or part affected with melanosis, ochronosis or osteohemochromatosis which cannot be completely eliminated shall be eliminated or confiscated.

(3) If a carcass is affected with a generalized xanthosis accompanied by a greyish or greenish discolouration of the musculature, it shall be completely eliminated or confiscated; if the xanthosis is limited to an organ or part of a carcass, only the affected parts or organs shall be eliminated or confiscated.

(4) A carcass whose greenish or yellowish colouration of the icterus persists after cooling for 24 hours or whose icterus is accompanied by parenchymatous degeneration of the organs as a result of infection or poisoning shall be eliminated or confiscated.

6.6.A.4. Carcasses or parts of carcasses to be eliminated or confiscated as a result of parasitic infestation

6.6.A.4.1. Bovine cysticercosis:

(1) A carcass infested with bovine cysticerci (cysticercus bovis) shall be eliminated or confiscated if there are more than 2 cysts at more than 2 places in the musculature of the carcass.

(2) If there are not enough cysts to justify the elimination of the infested carcass, it shall be held in cold storage at a temperature not higher than -9ºC continuously for a period of at least 20 days.

(3) If the infestation consists of one dead or degenerated cyst (calcified deposit), either the cyst shall be removed or the organ shall be eliminated or confiscated.

6.6.A.4.2. Ovine cysticercosis:

(1) The organ or part of a carcass affected with a parasitic infestation which is not transmissible to man, such as ovine cysticercosis, shall be eliminated or confiscated.

(2) If the distribution of parasites in a carcass is such that the removal of parasitic lesions is impracticable, the carcass shall be eliminated or confiscated.

6.6.A.4.3. Hog cysticercosis: A carcass with hog cysticercosis (cysticercus cellulosae) shall be eliminated or confiscated.

6.6.A.4.4. Sarcosporidiosis: A carcass affected with a generalized infestation of sarcosporidia shall be eliminated or confiscated.

6.6.A.4.5. Trichinosis: If a carcass gives a positive test for trichinosis, it shall be confiscated.

6.6.A.5. Poultry carcasses to be completely eliminated or confiscated

Poultry carcasses affected with one of the diseases or found in the condition hereinafter mentioned shall be completely eliminated or shall be subject to complete confiscation:

6.6.A.5.1. Ascites.

6.6.A.5.2. Botulism.

6.6.A.5.3. Cloacitis, enteritis, peritonitis, salpyngitis: If there are acute lesions or numerous chronic inflammations.

6.6.A.5.4. Dermatitis or generalized skin disease.

6.6.A.5.5. Emaciation.

6.6.A.5.6. Listeriosis.

6.6.A.5.7. Leukemia.

6.6.A.5.8. Mareck’s disease.

6.6.A.5.9. Generalized bruises.

6.6.A.5.10. Ornithosis.

6.6.A.5.11. Putrefaction or stinking fermentation.

6.6.A.5.12. Septicemia, toxemia.

6.6.A.5.13. Tuberculosis.

6.6.A.6. Poultry carcasses or parts of carcasses to be eliminated or confiscated

Poultry carcasses affected with a desease hereinafter mentioned, or only the part of the carcass affected depending on the extent of the disease and lesions hereinafter described shall be eliminated or confiscated:

6.6.A.6.1. Arthritis: If a poultry carcass is affected with localized arthritis in one or 2 joints which are not associated with a system change, the affected parts shall be eliminated or confiscated.

6.6.A.6.2. Infectious bronchitis.

6.6.A.6.3. Fowl cholera.

6.6.A.6.4. Coccidiosis.

6.6.A.6.5. Infectious coryza.

6.6.A.6.6. Enterohepatitis.

6.6.A.6.7. Mycotic infection.

6.6.A.6.8. Infectious laryngotracheitis.

6.6.A.6.9. Parasitic diseases: The edible organs or parts of poultry carcasses infested with parasites or which bear lesions of such infestations shall be eliminated or confiscated.

6.6.A.6.10. Chronic respiratory diseases.

6.6.A.6.11. Avian pneumoencephalitis.

6.6.A.6.12. Pullorum disease.

6.6.A.6.13. Sinusitis.

6.6.A.6.14. Synovitis.

6.6.A.6.15. Trichomoniasis.

6.6.A.6.16. Tumour:

(1) If an organ or part of a poultry carcass is affected with a primary malignant tumour, the entire carcass shall be eliminated or confiscated if there is evidence of metastasis in the muscles or skeleton; if there is no evidence of metastasis or secondary changes, only the organ or part affected shall be eliminated or confiscated.

(2) If a benign tumour affects an organ or a part of the carcass, only the affected organ or part of an otherwise sound carcass shall be eliminated or confiscated.

6.6.A.6.17. Fowl typhoid.

6.6.A.6.18. Fowl pox.

6.6.A.7. Green discolouration: Any part of a poultry carcass affected with green discolouration shall be eliminated or confiscated.

6.6.A.8. Post mortem change: A poultry carcass which, after the elimination or confiscation of the parts affected, undergoes a post mortem change of a superficial nature, shall be acceptable.

6.6.A.9. Perosis — rickets: A poultry carcass affected with perosis or rickets shall be eliminated or confiscated depending on its general condition.

R.R.Q., 1981, c. P-29, r. 1, Table 6.6.A.

SCHEDULE 7.5.A

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Sch. 7.5.A; O.C. 477-2010, s. 23.

SCHEDULE 8.A

(s. 8.4.1)

REQUIREMENTS RESPECTING “CATEGORY A” MAPLE SYRUP

1. “Category A” maple syrup must meet the following requirements:

(a)  be clear, of a uniform colour and free from sediment and from any cloudiness or turbidity;

(b)  be of one of the following colour grades:

i.  golden, delicate taste;

ii.  amber, rich taste;

iii.  dark, robust taste;

iv.  very dark, strong taste;

(c)  have a maple flavour characteristic of its colour grade and be free from insoluble calcium malate, caramel or sap taste and any objectionable odour or taste.

R.R.Q., 1981, c. P-29, r. 1, Sch. 8.A; 643-2016O.C. 643-2016, s. 261.

SCHEDULE 8.B

(ss. 8.5.1 and 8.7.2)

COLOUR GRADES OF “CATEGORY A” MAPLE SYRUP

1. The determination of the light transmission of “Category A” maple syrup is made with a spectrophotometer equipped with optical cells with parallel windows having a 10 mm path length at a wavelength of 560 nm, the colour values being expressed in percentage of light transmission, using as a reference glycerol with an analytical purity representing 100% of transmission.

2. “Category A” maple syrup is of the colour grade mentioned in column I of the table where its percentage of light transmission corresponds to that of column II.

Column I | Column II |
Colour grade | Percentage of light transmission |
Golden, delicate taste | not less than | 75.0
Amber, rich taste | less than | 75.0
| but at least | 50.0
Dark, robust taste | less than | 50.0
| but at least | 25.0
Very dark, strong taste | less than | 25.0

R.R.Q., 1981, c. P-29, r. 1, Sch. 8.B; 643-2016O.C. 643-2016, s. 271.

SCHEDULE 8.C

(ss. 8.7.1 and 8.7.3)

SIZES OF CHARACTERS FOR SMALL MAPLE SYRUP CONTAINER LABELS

____________________________________________________

Column I Column II
Area of the main surface Minimum
character height
____________________________________________________

inches millimetres

1. Maximum of 1.55 square 1/32 0.8
inches (10 cm2)

2. More than 1.55 square inches 1/16 1.6
(10 cm2),
with a maximum of 5 square
inches (32 cm2)

3. More than 5 square inches 1/8 3.2
(32 cm2),
with a maximum of 40 square
inches (258 cm2)

4. More than 40 square inches 1/4 6.4
(258 cm2),
with a maximum of 100
square inches (645 cm2)

5. More than 100 square inches 3/8 9.5
(645 cm2),
with a maximum of 400
square inches (2,580 cm2)

6. More than 400 square inches 1/2 12.7
(2,580 cm2)
____________________________________________________

R.R.Q., 1981, c. P-29, r. 1, Sch. 8.C.

SCHEDULE 8.D

(Revoked)

R.R.Q., 1981, c. P-29, r. 1, Sch. 8.D; O.C. 419-90, s. 7.

SCHEDULE 9.A

(Revoked)

O.C. 1055-82, s. 16; O.C. 669-90, s. 14.

SCHEDULE 9.B

(Revoked)

O.C. 1055-82, s. 16; O.C. 669-90, s. 14.

SCHEDULE 11.A

(s. 11.3.2)

STANDARDS FOR RAW MILK AND RAW CREAM

______________________________________________________________________________

Test Standard
______________________________________________________________________________

Staphylococcus aureus1 Milk: maximum 2,000 cfu2/ml
______________________________________________________________________________

Mesophilic aerobic bacteria Milk: maximum 50,000 cfu/ml and
maximum 7,000 cfu/ml after laboratory
pasteurization

Cream: maximum 300,000 cfu/ml and
maximum 15,000 cfu/ml after laboratory
pasteurization
______________________________________________________________________________

Somatic cells Cow’s milk: maximum 500,000 somatic
cells/ml

Goat’s milk: maximum 1,500,000 somatic
cells/ml

Sheep’s milk: maximum 750,000 somatic
cells/ml
______________________________________________________________________________

Inhibitor residues Negative
______________________________________________________________________________

Cryoscopy Cow’s milk freezing point: maximum
-0.507°C (-0.525 degrees Hortvet)

Goat’s milk freezing point: maximum
-0.545°C (-0.564 degrees Hortvet)
______________________________________________________________________________

1 For milk used in the preparation of cheeses with a ripening period at 2ºC or higher that is shorter than the minimum 60-day period referred to in paragraph 2 of section 11.7.4.

2 Colony-forming units.

O.C. 741-2008, s. 15.

SCHEDULE 11.B

(s. 11.7.1)

PASTEURIZATION STANDARDS

______________________________________________________________________________

Dairy product Type of Minimum Minimum
pasteurization time temperature
______________________________________________________________________________

Dairy product Low temperature 30 minutes 63 °C
containing less than slow
10% milk fat
______________________________________________________________________________

Dairy product High-temperature 15 seconds 72 °C
containing less than short-time
10% milk fat
______________________________________________________________________________

Dairy product Low temperature 30 minutes 66 °C
containing not less slow
than 10% milk fat or
to which a sweetener
has been added
______________________________________________________________________________

Dairy product High-temperature 15 seconds 75 °C
containing not less short-time
than 10% milk fat or
to which a sweetener
has been added
______________________________________________________________________________

Frozen dairy Low temperature 30 minutes 69 °C
product mixes and slow
eggnog
______________________________________________________________________________

Frozen dairy High-temperature 25 seconds 80 °C
product mixes short-time 15 seconds 83 °C
and eggnog
______________________________________________________________________________

ULTRA-HIGH TEMPERATURE TREATMENT STANDARDS

______________________________________________________________________________

Minimum Minimum Fo value
Temperature time

______________________________________________________________________________

129 °C 3.979 seconds 0.409
130 °C 3.161 seconds 0.409
131 °C 2.511 seconds 0.409
132 °C 1.995 seconds 0.409
133 °C 1.585 seconds 0.409
134 °C 1.259 seconds 0.409
135 °C 1 second 0.409
136 °C 0.794 seconds 0.409
137 °C 0.631 seconds 0.409
138 °C 0.501 seconds 0.409
139 °C 0.398 seconds 0.409
140 °C 0.316 seconds 0.409
141 °C 0.251 seconds 0.409
142 °C 0.200 seconds 0.409
143 °C 0.158 seconds 0.409
144 °C 0.126 seconds 0.409
145 °C 0.100 seconds 0.409
______________________________________________________________________________

The data in this table are calculated according to the following formula:

Fo = t x 10T-121.1°C
60 Z

t = heating time in seconds at temperature T in °C
T = heating temperature in °C
Z = 10 °C

O.C. 741-2008, s. 15.

SCHEDULE 11.C

(s. 11.8.11)

MICROBIOLOGICAL STANDARDS FOR DAIRY PRODUCTS IN PLANTS, WAREHOUSES OR DISTRIBUTION VEHICLES

______________________________________________________________________________

Dairy product Micro-organisms n c m M
______________________________________________________________________________

Pasteurized milk Staphylococcus aureus 5 2 100 10,000
cheese Escherichia coli 5 2 100 1,000
______________________________________________________________________________

Cheeses referred Staphylococcus aureus 5 2 1,000 10,000
to in section 11.7.41 Escherichia coli 5 2 500 1,000
______________________________________________________________________________

Unripened lactic Staphylococcus aureus 5 2 10 100
curd cheese with a Coliform bacteria 5 2 10 100
minimum moisture
content of 50%
______________________________________________________________________________

Fermented dairy Coliform bacteria 5 2 10 100
products
______________________________________________________________________________

Milk, cream and other Mesophilic aerobic 5 2 10,000 25,000
unfermented dairy bacteria2
products and mixes Coliform bacteria 5 2 1 10
used to prepare frozen
dairy products
______________________________________________________________________________

Frozen dairy products Mesophilic aerobic 5 2 10,000 50,000
bacteria2
Coliform bacteria 5 2 10 100
______________________________________________________________________________

Unfermented butter Mesophilic aerobic 5 2 10,000 50,000
bacteria
Coliform bacteria 5 2 10 100
______________________________________________________________________________

Milk powders and Mesophilic aerobic 5 2 10,000 50,000
other powdered dairy bacteria
products Coliform bacteria 5 2 10 100
______________________________________________________________________________

n=number of sample units to be examined per lot

c=maximum number of sample units per lot that may have a bacterial concentration higher than the “m” limit without exceeding the “M” limit

m=lower limit expressed in colony-forming units per gram or per millilitre according to the form in which the product is presented

M=upper limit which must not be exceeded in any sample examined per lot, expressed in colony-forming units per gram or per millilitre, according to the form in which the product is presented

1 Does not apply during the ripening period in the twp instances referred to in section 11.7.4.

2 Does not apply to fermented mixes used to prepare frozen dairy products and to frozen fermented dairy products.

O.C. 741-2008, s. 15.

SCHEDULE 11.D

MICROBIOLOGICAL STANDARDS FOR DAIRY PRODUCT SUBSTITUTES IN PLANTS, WAREHOUSES OR DISTRIBUTION VEHICLES

______________________________________________________________________________

Dairy product Micro-organisms n c m M
substitute
______________________________________________________________________________

Margarine Mesophilic aerobic 5 2 10,000 50,000
bacteria
Coliform bacteria 5 2 10 100
______________________________________________________________________________

Coffee whitener Mesophilic aerobic 5 2 10,000 50,000
bacteria
Coliform bacteria 5 2 10 100
______________________________________________________________________________

Dessert toppings Mesophilic aerobic 5 2 10,000 25,000
and mixes used bacteria
to prepared frozen Coliform bacteria 5 2 1 10
desserts
______________________________________________________________________________

Frozen desserts Mesophilic aerobic 5 2 10,000 50,000
bacteria
Coliform bacteria 5 2 10 100
______________________________________________________________________________

n=number of sample units to be examined per lot

c=maximum number of sample units per lot that may have a bacterial concentration higher than the “m” limit without exceeding the “M” limit

m=lower limit expressed in colony-forming units per gram or per millilitre according to the form in which the product is presented

M=upper limit which must not be exceeded in any sample examined per lot, expressed in colony-forming units per gram or per millilitre, according to the form in which the product is presented

O.C. 741-2008, s. 15.

SCHEDULE 11.E

(s. 11.12.8)

DAIRY PRODUCT MICROBIOLOGICAL STANDARDS FOR RETAIL SALE AND RESTAURANT TRADE

______________________________________________________________________________

Dairy product Micro-organisms Count
(per g or ml)
_____________________________________________________________________________

Pasteurized milk Staphylococcus 10,000
cheese aureus
Escherichia coli 1,000
_____________________________________________________________________________

Cheeses referred to Staphylococcus 10,000
in section 11.7.4 aureus
Escherichia coli 1,000
_____________________________________________________________________________

Unripened lactic curd Staphylococcus 100
cheese with a minimum aureus
moisture content of 50% Coliform bacteria 100
_____________________________________________________________________________

Fermented dairy products Coliform bacteria 100
_____________________________________________________________________________

Milk, cream and other Mesophilic aerobic 50,000
unfermented dairy bacteria1
products and mixes used Coliform bacteria 10
to prepare frozen dairy
products
_____________________________________________________________________________

Frozen dairy products Mesophilic aerobic 50,000
bacteria1
Coliform bacteria 100
_____________________________________________________________________________

Unfermented butter Mesophilic aerobic 50,000
bacteria
Coliform bacteria 100
_____________________________________________________________________________

Milk powders and other Mesophilic aerobic 50,000
powdered dairy products bacteria
Coliform bacteria 100
_____________________________________________________________________________

1 Does not apply to fermented mixes used to prepare frozen dairy products and to frozen fermented dairy products.

O.C. 741-2008, s. 15; O.C. 1009-2008.

SCHEDULE 11.F

(chapter 11, s. 11.12.8)

DAIRY PRODUCT SUBSTITUTES MICROBIOLOGICAL STANDARDS FOR RETAIL SALE AND RESTAURANT TRADE

______________________________________________________________________________

Dairy product Micro-organisms Count
substitute (per g or ml)
______________________________________________________________________________

Margarine Mesophilic aerobic 50,000
bacteria
Coliform bacteria 100
______________________________________________________________________________

Coffee whitener Mesophilic aerobic 50,000
bacteria
Coliform bacteria 100
______________________________________________________________________________

Dessert toppings Mesophilic aerobic 25,000
and bacteria
mixes used to prepare Coliform bacteria 10
frozen desserts
______________________________________________________________________________

Frozen desserts Mesophilic aerobic 50,000
bacteria
Coliform bacteria 100
______________________________________________________________________________

O.C. 741-2008, s. 15.

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O.C. 1122-2004, 2004 G.O. 2, 3467

O.C. 922-2005, 2005 G.O. 2, 4529

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