Industry update on the Food Premises Regulation 493/17, under the Health Protection and Promotion Act. Health Improvement Policy and Programs Branch

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1 Industry update on the Food Premises Regulation 493/17, under the Health Protection and Promotion Act Health Improvement Policy and Programs Branch July 24, 2018

2 Purpose: To update industry partners on the regulatory changes and implementation of the Food Premises Regulation 493/17, under the Health Protection and Promotion Act. Agenda: Introductions Overview of Key Changes Questions and Answers Discussion 2

3 Regulation Updates O. Reg. 562 Food Premises (1967) O. Reg.565 Public Pools (1944) O. Reg. 428/05 Public Spas (2005) O. Reg. 568 Recreational Camps (1940) O. Reg. 554 Camps in Unorganized Territory (1944) O. Reg. 493/17 Food Premises O. Reg.565 Public Pools (2017) O. Reg. 495/17 Public Spas Revocation O. Reg. 503/17 Recreational Camps O. Reg. 502/17 - Camps in Unorganized Territory O. Reg. 499/17 Transitional SDWS (repeal) All regulations came into force on July 1, 2018 except for the repealing regulation of the Transitional SDWS regulation which came into force on January 1,

4 Implementation Ontario s 35 public health units (PHUs) are mandated to implement, monitor and enforce the new Food Premises Regulation 493/17. Training and Education activities include: Industry webinar in May 2018 leading up to the implementation of the new regulation. Resource development and training for PHIs, food premise operators (i.e. webinar materials, Q s and A s, fact sheets, technical reference documents, etc.). 4

5 5 Food Premises Regulation 493/17, under the Health Protection and Promotion Act

6 Food Premises Regulation: General Requirements Replace prescriptive requirements throughout the regulation with outcomes-based requirements. Provides flexibility in addressing context specific elements of a food premise. Reduces burden on food premise owners/operators (i.e., removing freezing temperature -18 degree C, aligned sanitizers with Health Canada and CFIA). Updated terminology by aligning definitions for food contact surfaces and sanitizing with the Food Retail and Food Services Code and address gaps by introducing definitions for low-risk food, potentially hazardous food, food handler, mobile food premises, equipment, food handler training and hand washing station. 6

7 Food Premises Regulation: General Requirements Cont d Regulatory Change Food Handler Training Alignment with Building Code 7 Temperature Control Description Require at least one food handler or supervisor on the premise who has completed food handler training during every hour in which the premise is operating Remove requirements for sanitary facilities and lighting where those requirements are dealt with in the Ontario Building Code. For example, removal of requirements for sanitary facilities for each sex Specify 2 hours as the maximum time allowable that potentially hazardous food can be out of temperature control for the preparation, processing and manufacturing of the food. Prohibits re-served food unless it had been served in a container or package that protects the food from contamination and is not a potentially hazardous food. Requirement to ensure adequate equipment is available for the refrigeration or hot-holding of potentially hazardous food. Remove prescriptive internal cooking temperatures for specific foods items and requires food is processed in a manner that is safe to eat Remove temperature control requirements such as (e.g. 13 C for

8 Regulatory Change Cleaning and Sanitizing Description Expand on the use of sanitizing agents by setting criteria for their use Add National Sanitation Foundation (NSF) mechanical dishwashers Removed the requirement to double the concentration of sanitizer when sanitizing large equipment that cannot be washed in a sink or mechanical dishwasher Food Purchases Requires operators to retain records of food purchases until the anniversary of the purchase date. Requires food is purchased from an inspected source subject to inspection by the Government of Canada or Ontario, or by any agency of either,if that food item is liable under law to inspection by these agencies. 8 Food Premises Regulation: General Requirements Cont d Pest Control Every food premise shall be protected against the entry of pests and kept free of conditions that lead to harbouring or breeding of pests. Records for any pest control measures taken are retained for at least one year after they are made.

9 Food Premises Regulation: General Requirements Cont d Regulatory Change Description Commodities Eggs Meat Dairy non-hen eggs permitted in food premises that are free of cracks, clean condition and held at 4 degrees C. Written food safety procedures for manufactured meat products that are customarily eaten without further cooking and obtain approval by the medical officer of health or public health inspector. Update for Milk and Milk Products (i.e., sheep milk) Added time and temperature requirements for batch pasteurization and high temperature short time system pasteurization of milk with 10% fat or higher. Requires proof of pasteurization and processing records and retain pasteurization records. Requires the use of a pasteurization recording device during pasteurization. 9

10 10 Questions and Answers

11 Ontario Regulation 493/17: Food Premises PART IV Cleaning and Sanitizing Question 1: Why was the requirement to double the concentration of sanitizer when sanitizing large equipment removed from the regulation? Answer 1: Based on evidence, it was removed to follow the manufacturer s instructions for use in a food premises. 11

12 Ontario Regulation 493/17: Food Premises PART IV Cleaning and Sanitizing Question 2: What was the rationale for allowing the use of alternative sanitizing agents for utensils? Answer 2: The Food Premises Regulation provides flexibility and consistency to align approved sanitizing agents with Health Canada and the Canadian Food Inspection Agency. This offers industry a wider range of options for sanitizers, as long as they are used for the intended purpose and in accordance with manufacturer s instructions. They are also required to have a test reagent for determining the concentration of the sanitizer residual.. 12

13 Question 3: How can it be determined an NSF international certified dishwasher is in compliance with the regulation? Answer 3: The exemption applies to a mechanical dishwasher that bears a certification from NSF International that certifies it for commercial use. If the mechanical dishwasher does not bear a certification from NSF International then the mechanical dishwasher would be required to meet the under the requirements of section: Mechanical dishwashers Ontario Regulation 493/17: Food Premises PART IV Cleaning and Sanitizing 20. (1) Mechanical dishwashers must be, (a) so constructed, designed and maintained that, (i) the wash water is sufficiently clean at all times to clean the dishes and is maintained at a temperature not lower than 60 Celsius or higher than 71 Celsius, and (ii) the sanitizing rinse is, (A) water that is maintained at a temperature not lower than 82 Celsius and is applied for a minimum of 10 seconds in each sanitizing cycle, or (B) a chemical solution described in clause 19 (b), (c), (d) or (e); and (b) provided with thermometers that show wash and rinse temperatures and that are so located as to be easily read. 13

14 Ontario Regulation 493/17: Food Premises PART III Operation and Maintenance Question 4: The regulation requires the operator of a food premise to maintain records of all pest control measures that are undertaken in the premise and to retain the records for at least one year after they are made. Is using a pest control company a requirement to be in compliance? Answer 4: The addition of pest control requirements are to ensure a food premise is protected from pest activity and to adequately address pest activity issues. This requirement also ensures that operators are responsible for monitoring and control measures such as integrated pest management. Whether an operator has a contract with a pest control company or monitors pests on their own, records are to be maintained for an one year period of time. 14

15 Ontario Regulation 493/17: Food Premises PART III Operation and Maintenance Question 5: What is the definition of an adequate number of hand washing stations? Answer 5: This is an outcome-based requirement and it does not prescribe a definition of an adequate number of hand washing stations. Food premise owners/ operators are encouraged to work with public health inspectors on a case-by-case basis to ensure food handlers have convenient access to hand washing stations and to wash hands as often as necessary to prevent the contamination of food or food areas. 15

16 Ontario Regulation 493/17: Food Premises PART VI Food Handling Question 6: Why were the specific internal cooking temperatures of certain types of hazardous food products removed from the regulation? Answer 6: Internal cooking temperatures have been removed and replaced with an outcome-based requirement to ensure food is processed in a manner that is safe to eat. This allows food premises owners and operators flexibility to prepare food items such as sous-vide and steak tartar that had been previously prohibited. 16

17 Ontario Regulation 493/17: Food Premises PART VI Food Handling Question 7: The regulation only references food handler training. Does this mean that food handling certificates are not required? Answer 7: The regulation requires that at least one food handler or supervisor at a food premise has completed a food handler training course. A certificate is awarded upon when the course is completed. This may be required to be presented to a PHI during the inspection of a food premise. The provincial food handler training plan, in accordance with the Operational Approaches for Food Safety Guideline, 2018, includes minimum requirements for public health unit program delivery. A component of the food handler training program requirements includes a 70% pass on the examination and issuance of a certificate to the successful candidates. The PHI may wish to recommend to the food premises operator to have more than one/multiple trained/certified food handlers and/or supervisors on site at the food service premise to ensure adequate coverage. 17

18 Ontario Regulation 493/17: Food Premises PART VI Food Handling Question 8a: What is meant by a food service premise? Answer 8a: Definition of a food service premise: any food premise where meals or meal portions are prepared for immediate consumption or sold or served in a form that will permit immediate consumption on the premises or elsewhere. Examples include: restaurants, food take-out, or convenience stores that serve food items that include a component of food handling such as serving hot foods that can be eaten immediately. Question 8b: What is a potentially hazardous food? Answer 8b: Potentially hazardous foods are generally defined as foods in a form or state that are capable of supporting the growth of infectious and/or toxigenic microorganisms, and require time and temperature control to limit such growth. 18

19 Ontario Regulation 493/17: Food Premises PART VI Food Handling Question 9: With the new requirement for food handlers training in the regulation, will food service operators have sufficient access to standardized training? Answer 9: The Provincial Food Handler Training Plan under the Operational Approaches for Food Safety Guideline, 2018, consists of a number of mechanisms to increase consistency in food handler training across the province, including: A Provincial Food Handler Training Manual Standardized Food Handler Training Program Requirements Standardized Food Handler Training Examinations A Provincial Food Handler Certification Card PHUs are to ensure the availability of food handler training in their jurisdiction. 19

20 Ontario Regulation 493/17: Food Premises PART VI Food Handling Q10: Why is it important that certain food products or ingredients are supplied to food premises from facilities that are regulated by other provincial or federal legislation? How will an operator demonstrate compliance with this requirement? A10: It is important to ensure that products or ingredients are purchased from approved and safe sources. Food premise owners and operators must obtain food products (e.g., dairy, eggs, honey) from sources that are subject to inspection under provincial and federal legislation (Ontario Ministry of Agriculture, Food and Rural Affairs and the Canadian Food Inspection Agency). Records must be retained for all food items used in the food premise at the minimum until the first anniversary of the purchase. This requirement will aid in verifying product traceability in the event of a foodborne illness outbreak. 20

21 Ontario Regulation 493/17: Food Premises PART VII Commodities Question 11a: Do eggs need to be graded? Answer 11a: Yes, Section 47. (1) states, no operator of a food premise shall store, handle, serve, process, prepare, display, distribute, transport, sell or offer for sale ungraded or Grade C eggs. Question 11b: Have changes been made to address eggs used in food premises other than those from hens? Answer 11b: Yes, eggs from animals other than the domestic hen are permitted provided they are in clean condition, with no visible cracks, at the time they enter the food premise and are transported and stored in a cold-holding temperature of 4 Celsius or less. 21

22 Food Industry Discussion Questions and PHU Responses Question 1: Every operator of a food premise shall ensure that the results of any inspections conducted by a pubic health inspector are posted in accordance with the inspector s request. How and when do public health inspectors request posting of inspection results? PHU Response 1: Uses the star system as a summary of compliance result. The signage is posted at the food premise at the end of the inspection. PHU Response 2: The results of the inspection are posted online, there is no grading system on the signage at the food premise, it simply refers the public to the PHU website. PHU Response 3: Has had a bylaw in place for disclosure posting of inspection results. The program uses the green, yellow, and red signage format and inspection results are accessible through the PHU website. 22

23 Food Industry Discussion Questions and PHU Responses Question 2: The equipment used for refrigeration or hot holding of potentially hazardous food must contain accurate indicating thermometers that may be easily read. How would this apply to steam tables? PHU Response 1: Will evaluate on a case by case basis as the end goal is the safe temperature control of the food item. PHU Response 2: Will determine if long term storage could include a thermometer, if not feasible, the use of a probe thermometer and monitoring holding temperatures of the food item would be acceptable. PHU Response 3: This is an outcome-based approach where the focus is on the temperature holding of the food item, not necessarily the temperature of the steam table. Summary: PHUs are focused on ensuring food safety and adequate hot holding of the food item. The use of temperature monitoring through probe thermometers and recording of temperatures is recommended. 23

24 Food Industry Discussion Questions and PHU Responses Question 3: There are requirements to retain records such as pest control or food purchases. Can the records be available and or provided electronically? PHU Response: All three PHU s accept electronic records. 24

25 Food Industry Discussion Questions Question 4: All food must be processed in a manner that is safe to eat. How would a public health inspector verify this during an inspection? PHU Response: The PHUs discussed HACCP principles as an approach to ensure the food items are processed in a safe manner. It is best practice to develop a food safety plan to facilitate communication and common understanding of food safety practices. Note: Although probe thermometers are not a requirement in the Food Premises Regulation, they are a recognized tool that is used to assist in ensuring food is processed in a manner that is safe to eat. 25

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