Fish inspection act and regulations canada
Regulations Respecting The Inspection of Processed Fish and Processing Establishments
Short Title
1 These Regulations may be cited as the Fish Inspection Regulations .
Interpretation
2 In these Regulations,
means a food additive as defined in section B.01.001 of the Food and Drug Regulations ; ( additif )
means the Canadian Food Inspection Agency established pursuant to section 3 of the Canadian Food Inspection Agency Act ; ( Agence )
means salted, smoked, round herring; ( bouffis )
means fillets of salted, smoked, round herring; ( filets de bouffis )
means fish or fish flesh that is coated with batter and breading; ( poisson pané )
means a solution of common salt (sodium chloride) and fresh water, or sea water with or without the addition of salt; ( saumure )
means any hermetically sealed container; ( boîte )
means the Canadian Shellfish Sanitation Program Manual published by the Department of Fisheries and Oceans and the Department of the Environment in 1992, as amended from time to time; ( Manuel du Programme canadien de contrôle de la salubrité des mollusques )
means any fish that is sealed in a can and is sterilized; ( conserve de poisson )
means an establishment where canned fish is produced for human consumption; ( conserverie )
means a certificate issued in accordance with subsection 15(6); ( certificat d’agrément )
means canned haddock, cod, cusk or hake, or any combination thereof, that has not been ground, but does not include dark or sow hake; ( miettes de gades )
[Repealed, SOR/82-845, s. 1]
means any vessel, aircraft, train, motor vehicle, cargo container, trailer or other means of transportation of fish or containers of fish; ( véhicule )
means the procedure that is to be followed whenever a deviation from a critical limit in a HACCP plan occurs or whenever the results of monitoring procedures in respect of a prerequisite program plan, a regulatory action point plan or a quality management program for the importing of fish show that there is non-compliance with these Regulations; ( mesures correctives )
means a point in a process operation at which control is to be applied in order to prevent or eliminate a hazard or reduce it to an acceptable level; ( point de contrôle critique )
means the maximum or minimum value to which a hazard must be controlled at a critical control point; ( limite critique )
means all species of the class Crustacea ; ( crustacés )
, with respect to fish, means fish that has an offensive or objectionable odour, flavour, colour, texture or substance associated with spoilage; ( pourri )
[Repealed, SOR/2000-184, s. 58]
means the weight of the edible contents of a container of fish after the liquid has been drained by a method approved by the President of the Agency; ( poids égoutté )
means all species of the phylum Echinodermata ; ( échinodermes )
means ship from Canada to any other country or from any province to any other province; ( exporter )
means the Facilities Inspection Manual published by the Department of Fisheries and Oceans in 1988, as amended from time to time; ( Manuel des installations )
- (a) flour or meal prepared from grain or potatoes,
- (b) processed wheat flour containing not less than the equivalent of 80 per cent dextrose, as determined by a method approved by the President of the Agency,
- (c) bread, biscuit or bakery products, except those containing or made with a legume, or
- (d) milk powder, skim milk powder, buttermilk powder or whey powder; ( charge )
- (a) slices of fish flesh of irregular size and shape that have been removed from the carcass of a fish by cuts made parallel to the backbone, or
- (b) slices of fish flesh described in paragraph (a) that have been cut into sections
and from which all internal organs, head, fins, bones, except intramuscular or lateral bones, and all discoloured flesh have been removed; ( filets )
means all species of the class Osteichthyes ;( poisson osseux )
means a licence issued under subsection 15.1(1) that authorizes the holder to
- (a) mechanically screen canned fish; and
- (b) export live finfish that have been raised in an aquaculture operation.( permis d’exportation de poisson )
means a fisher who is licenced to catch fish under the Fisheries Act and who processes their catch as whole or dressed unfrozen fish or as salted or pickled fish
- (a) on board their vessel; or
- (b) on shore in an establishment that is owned or leased by the fisher-packer, without assistance from any person who did not participate in the catching of the fish; ( pêcheur emballeur )
means a licence issued in accordance with subsection 6.1(1); ( permis d’importationde poisson )
means a hazard analysis critical control point plan that is prepared in accordance with the principles of hazard analysis critical control point inspection as specified in the Facilities Manual to ensure control of hazards during the processing of fish; ( plan HACCP )
means a biological, chemical or physical agent or factor that has the potential to cause illness or injury to humans in the absence of its control; ( danger )
means fish of the species Clupea harengus or Clupea pallasii ; ( hareng )
means products that, if not properly prepared or processed, may pose a serious risk to human health and safety; ( produits à haut risque )
means ship into Canada from any other country, or into any province from any other province; ( importer )
means a fish import licence or quality management program import licence issued in accordance with these Regulations; ( permis d’importation )
means the Fish Products Inspection Manual, published by the Department of Fisheries and Oceans in 1988, as amended from time to time; ( Manuel d’inspection )
means lobster canned in combination with cod, haddock, hake or cusk or any combination thereof; ( coquetel au homard )
with respect to fish, other than fresh fish, means a shipment or part of a shipment of fish that is of the same species, is processed in the same manner by the same producer, is packaged in the same size of container and bears the same label; ( lot )
[Repealed, SOR/96-364, s. 1]
means a mechanical process by which cans of fish are inspected to ensure that hermetic seals are properly formed;( tri mécanique )
means particles of fish flesh that have been separated from clean sound fish material free from internal organs, heads, and discoloured flesh; ( poisson haché )
, with respect to unfrozen or frozen lobster meat, means the weight of the edible contents of a container after the liquid has been drained from the container by a method approved by the President of the Agency and, with respect to any other fish, means the total weight of the edible contents of a container; ( poids net )
means the horizontal distance measured between perpendicular lines drawn at the extreme ends of the outside of the main hull of a vessel; ( longueur hors tout )
means a series of steps, measures or procedures that are to be applied to ensure compliance with the Act and these Regulations in respect of
- (a) establishment construction and equipment,
- (b) establishment operation and sanitation,
- (c) the cleaning, sanitizing, lubricating and maintenance of establishment equipment and facilities, and insect and animal pest control,
- (d) fish packaging, labelling or ingredient storage rooms or areas in the establishment, and
- (e) the system for tracing fish to its first destination; ( plan des programmes préalables )
means any person or organization that has been recognized by the Agency as being competent in developing and evaluating thermal processes; ( autorité reconnue en matière de procédés thermiques )
[Repealed, SOR/92-75, s. 1]
means an area of a registered establishment that is used for the processing or storage of fish and any other area designated as a processing area in a quality management program; ( aire de transformation )
means any of the following fish process operations:
- (a) canning fish,
- (b) processing ready-to-eat fish,
- (c) processing shellfish,
- (d) pickling, spicing or marinating fish,
- (e) salting or drying fish,
- (f) processing fresh or frozen fish or semi-preserves, and
- (g) any other type of process operation; ( opération de transformation )
means the last person who processed fish prior to its importation into Canada; ( producteur )
means a form on which are recorded the characteristics of a particular fish product, including
- (a) the product name,
- (b) the source of the raw material used in producing the product,
- (c) those characteristics that affect safety and may influence the growth of disease-causing pathogens,
- (d) the ingredients that are added to the product,
- (e) the packaging of the product,
- (f) if applicable, directions to the consumer as to the preparation required for consumption or whether the product is ready-to-eat,
- (g) the product’s shelf life,
- (h) where the product is intended to be sold, and
- (i) labelling instructions as may be applicable for safe product distribution and storage; ( description du produit )
means a process such as thermal processing, depuration or irradiation, that controls known hazards and which, if not performed in accordance with the Facilities Manual or the Canadian Shellfish Program Sanitation Manual, as the case may be, may result in the production of fish that are unsafe for human consumption; ( procédé de conservation )
means a fish inspection and control system, that includes procedures, inspections and records, for the purpose of verifying and documenting the processing of fish and the safety and quality of fish processed in, exported from or imported into Canada; ( programme de gestion de la qualité )
means a licence issued in accordance with subsection 6.1(1.1); ( permis d’importation avec programme de gestion de la qualité )
means any fish, other than canned fish and live shellfish, that does not require preparation except thawing or reheating before consumption; ( poisson prêt-à-manger )
means a freezer-factory vessel, barge, onshore plant, building or premise where fish are processed or stored for export and that is registered pursuant to subsection 15(6); ( établissement agréé )
[Repealed, SOR/99-169, s. 1]
means a series of steps, measures or procedures that are to be applied to ensure compliance with the Act and these Regulations in respect of
- (a) fish intended for processing, being processed, stored or exported to ensure that the fish is not tainted, decomposed or unwholesome;
- (b) the addition of ingredients, additives and other substances in the processing of fish; and
- (c) the packaging and labelling of fish. ( plan des points d’intervention réglementaire )
means a written program developed in respect of a registered establishment or in respect of the establishment, conveyance or equipment of a holder of a fish export licence to ensure that the employees of the establishment or the users of the conveyance or equipment, as the case may be, use proper sanitation and hygiene practices, and that the establishment, grounds or conveyance under the control of the operator or the equipment and conveyances of the holder are maintained in a clean and sanitary condition and free from serious contamination and insect and animal pests; ( programme sanitaire )
means fish that has been prepared by salting or pickling in brine, vinegar, sugar, spices or any combination thereof and packed so that it may be kept fit for human consumption for a minimum of six months by means of refrigeration without freezing; ( semi-conserve )
means any condition or deficiency that results, or is likely to result, in an unacceptable risk to the consumer or in tainted, decomposed or unwholesome fish; ( contamination grave )
means all species of bivalve molluscs of the class Bivalvia and all marine, carnivorous species of the class Gastropoda , either shucked or in the shell, in whole or in part, excluding the adductor muscles of scallops and the meat of geoducks; ( mollusques )
means shrimp meat packed with sauce, spices, seasonings or flavourings or any combination thereof; ( coquetel de crevettes )
, with respect to canned fish, means fish that has been treated with heat to prevent spoilage and to destroy all pathogenic organisms; ( stérilisé )
means an area of a registered establishment that is not a processing area and any other area designated as a support area in a quality management program, or an area that is used for
- (a) the storage of materials and ingredients used in fish processing;
- (b) the maintenance of records for a quality management program;
- (c) employee sanitation, personal hygiene or a change room.( aire connexe )
, with respect to fish, means fish that is rancid or has an abnormal odour or flavour; ( gâté )
means an edible by-product of lobster, the ingredients of which have not been ground to a smooth consistency; ( tomalli )
, with respect to fish, means fish that has in or upon it bacteria of public health significance or substances toxic or aesthetically offensive to man; ( malsain )
means fish of the species Coregonus clupeaformis, Coregonus nasus or Prosopium cylindraceum . ( poisson blanc )
- SOR/80-360, s. 1
- SOR/82-829, s. 1
- SOR/82-845, s. 1
- SOR/86-213, s. 1
- SOR/92-75, s. 1
- SOR/96-364, s. 1
- SOR/98-2, s. 1
- SOR/99-169, s. 1
- SOR/2000-184, ss. 58, 59
- SOR/2000-317, s. 16(F)
- SOR/2002-124, s. 1
- SOR/2002-354, s. 18
PART I General
- 3 (1) Subject to subsection (2), these Regulations apply only in respect of fish and containers intended for export or import.
- (2) Subject to subsection 6(4), these Regulations do not apply to
- (a) fish that is imported or exported for personal consumption or use; or
- (b) a food that meets the following specifications, namely,
- (i) the food is a mixture of a fish product and a meat product,
- (ii) the food is commonly recognized as a meat product, having regard to
- (A) the relative proportions and type of the fish and meat ingredients present in the food,
- (B) the common name of the food,
- (C) the type of processing applied to the fish and meat ingredients, and
- (D) the historical recognition of the food as a meat product,
- SOR/86-213, s. 2
- SOR/98-2, s. 2
- SOR/2002-435, s. 1
3.1 No person shall prepare in a registered establishment a food that is a mixture of a fish product and a meat product unless
- (a) the establishment is also registered in accordance with the Meat Inspection Regulations, 1990 ; or
- (b) the food is exempt from the application of sections 7 to 9 of the Meat Inspection Act because of paragraph 3(1)(l) of the Meat Inspection Regulations, 1990 .
4 All fish are subject to inspection and an inspector may take samples of fish free of charge for the purpose of inspection.
5 The owner of fish or a person acting on his behalf shall make readily accessible to an inspector any fish or containers for which inspection or reinspection is required under these Regulations.
- 6 (1) No person shall import, export or process for export or attempt to import, export or process for export
- (a) any fish that is tainted, decomposed or unwholesome or otherwise fails to meet the requirements of these Regulations; or
- (b) live oysters, clams, mussels or other molluscs (except scallops) or raw products derived therefrom, whether frozen or unfrozen, unless the President of the Agency is satisfied on the basis of information submitted to him that the waters from which such shellfish are taken and the premises in which they are handled and processed are of such a nature as will ensure that the shellfish are wholesome.
- (a) the identity of the establishment at which the fish is packed and the day, month and year of packing are legibly marked on one end of the carton or case in which the containers of fish are shipped;
- (b) in the case of high risk products, a list indicating the establishment and the number of containers for each production code is provided to an inspector on request;
- (c) each container has a label on which the name of the country of origin is clearly identified; and
- (d) that person is the holder of an import licence; and
- (e) written notification of each shipment of fish to be imported or that is imported is provided to an inspector either prior to the importation or within 48 hours following the importation.
- (a) the quantity;
- (b) the producer;
- (c) the country of origin;
- (d) the place where the fish shall be held or stored on its entry into Canada; and
- (e) the name, address and telephone number of the importer importing the fish into Canada as declared to Revenue Canada, Customs, the import licence number of the importer and if applicable, of the agent providing the notification.
- (a) the person is the holder of a quality management program import licence;
- (b) an inspector determines the fish meets the requirements of the Act and these Regulations; or
- (c) the person is notified by an inspector that the fish does not need to be inspected.
- (a) live freshwater mitten crab of the genus Eriocheir ; and
- (b) puffer fish of the family Tetraodontidae .
- SOR/83-907, s. 1
- SOR/86-213, s. 3
- SOR/89-559, s. 1
- SOR/96-364, s. 2
- SOR/98-2, s. 3
- SOR/2000-184, s. 59
- SOR/2002-354, s. 19(F)
- 6.01 (1) A person who has imported, exported or processed fish for export and who receives information that questions the safety of fish shall investigate the information.
- (2) If the results of the investigation indicate that the fish constitutes a hazard to the public, a person shall notify the Agency within 24 hours.
- 6.1 (1) The President of the Agency shall issue a fish import licence on receiving an application and the applicant paying the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice unless the President of the Agency has reasonable grounds to believe that the applicant will not comply with the Act or these Regulations.
- (1.1) The President of the Agency shall issue a quality management program import licence at the shared level or enhanced level on receiving an application, unless the President of the Agency has reasonable grounds to believe that the applicant will not comply with the Act or these Regulations, and if
- (a) the applicant pays the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice ;
- (b) the applicant has a quality management program in respect of the importing of fish; and
- (c) the quality management program meets the applicable requirements set out in the Inspection Manual.
- (a) the name and address of the person to whom each shipment of fish was shipped from the importer and the date on which the fish was shipped;
- (b) the date and time of all information received that questions the safety of fish imported by the holder of the licence;
- (b.1) if the information is validated on investigation, a description of the information, the date and time it was received, the name, address and telephone number of the informant, the method of investigation and the results obtained, the corrective actions taken and the date and time the Agency was notified in accordance with subsection 6.01(2);
- (c) with respect to canned fish,
- (i) the name, address and telephone number of the process authority who developed the thermal process used,
- (ii) the container type, size and specifications, style of pack, species packed and if the thermal process utilized has not been published described in scientific literature recognized by the Minister, the sterilizing value (F0) of the thermal process,
- (iii) a statement in writing signed by the representative of the process authority that attests that the thermal process results in the production of commercially sterile and safe fish products;
- (i) for a period of one year after the day of the coming into force of these Regulations, evidence of adequate processing, and
- (ii) after the end of the period referred to in subparagraph (i)
- (A) the name, address and telephone number of the person who developed the process used,
- (B) the container type and size, style of pack, the species packed, the type of process, the description of the process,
- (C) a statement in writing signed by the person who developed the process or that person’s representative that attests that the process results in the production of safe fish products; and
- (i) the name, business address, business telephone number and title of the person responsible for the quality management program for that importer,
- (ii) the location of all files and records for the quality management program,
- (iii) a description of the standards, monitoring and inspection procedures, analyses and tests that are used in product evaluations, and the evidence acceptable to an inspector that they meet or are equivalent to those in place in the Agency,
- (iv) the frequency of monitoring importations of fish and evidence that they meet or are equivalent to those in place in the Agency,
- (v) samples of the forms that are used during evaluations and of the forms that are used to record corrective actions,
- (vi) a description of the corrective action plans developed,
- (vii) for each importation of fish,
- (A) a description of the fish by species, form of processing, producer, size and type of container and the label,
- (B) all the evaluations conducted and whether or not the product was acceptable, and
- (C) any corrective actions taken in respect of product rejections,
- (A) all the ingredients and additives that are added to the fish, and
- (B) documentation that clearly establishes that each ingredient or additive meets all applicable requirements of any Act of Parliament, or the results of any tests done by or for the importer that verify that the ingredient or additive complies with those requirements,
- (A) all the packaging materials used, and
- (B) documentation that clearly establishes that the packaging materials meet all applicable requirements of any Act of Parliament,
- (a) recognizes that the fish inspection and control systems in place in that country are equivalent to those required by these Regulations in respect of canned and ready to eat fish; and
- (b) has access to all information and records that are equivalent to those required by paragraphs (3)(c) and (d) and that are held by the fish inspection agency in that country.
- (a) implement and comply with their quality management program;
- (b) if the licence is issued at the enhanced level, conduct in accordance with their quality management program all of the relevant inspections set out in the table to section 6.5;
- (c) if the licence is issued at the shared level, conduct in accordance with their quality management program all of the relevant inspections set out in items 1 to 5 of the table to section 6.5;
- (d) submit any amendments to their quality management program to an inspector; and
- (e) conduct, as a minimum, an annual review of the quality management program to verify that the program continues to meet the applicable requirements of the Inspection Manual.
- SOR/86-213, s. 4
- SOR/88-265, s. 1
- SOR/90-773, s. 1
- SOR/96-364, s. 3
- SOR/98-2, s. 5
- SOR/2000-184, s. 59
- SOR/2002-124, s. 2
- 6.2 (1) The President of the Agency may suspend, revoke or refuse to issue an import licence where the President of the Agency believes on reasonable grounds that the holder of, or the applicant for, the licence
- (a) has provided false information to the President of the Agency for the purpose of obtaining a licence;
- (b) has failed to provide a written notification required pursuant to paragraph 6(2)(e);
- (c) has provided false information to an inspector in a written notification required pursuant to paragraph 6(2)(e);
- (d) has failed to maintain a record in accordance with subsection 6.1(3);
- (e) has not paid any of the fees set out in the Canadian Food Inspection Agency Fees Notice that are payable under these Regulations;
- (f) has failed to comply with the requirements of section 6.01;
- (g) is not operating the quality management program in accordance with the applicable requirements of the Inspection Manual; or
- (h) has otherwise failed to meet the applicable requirements of the Act or these Regulations.
- SOR/86-213, s. 4
- SOR/90-773, s. 2
- SOR/96-364, s. 3
- SOR/98-2, s. 6
- SOR/2000-184, s. 59
- SOR/2002-124, s. 3
6.3 [Repealed, SOR/98-2, s. 7]
6.4 The fees to be paid for inspection services provided with regard to fish imported into Canada are those that are fixed by the Canadian Food Inspection Agency Fees Notice .
- SOR/96-364, s. 3
- SOR/98-2, s. 8
- SOR/99-169, s. 2
- SOR/2002-124, s. 4
- 6.5 (1) Subject to subsections (2) to (4), any fish imported by the holder of a fish import licence into Canada may be subjected on a random basis to an inspection, by an inspector, of a type set out in the table to this section.
- (2) Where a type of fish produced by a producer fails to pass a type of inspection set out in the table to this section,
- (a) the type of fish, the name of the producer and the type of inspection shall be
- (i) recorded by the inspector on the mandatory import alert list, or
- (ii) reported within 5 days by the holder of a quality management import licence to an inspector for the purpose of inclusion on the mandatory import alert list; and
- (b) shipments or lots of that type of fish that are produced by that producer and subsequently imported into Canada shall undergo the same type of inspection until four consecutive shipments or lots have passed that type of inspection.
- (3) Where a type of fish that is produced by a producer fails to pass a label evaluation inspection, lots of that type of fish that are produced by that producer and subsequently imported into Canada shall undergo a label evaluation inspection until one lot passes the inspection.
- (4) Where a type of fish that is produced by a producer is imported into Canada, and that type of fish produced by that producer has not been imported into Canada within the previous two years, that importation shall undergo every type of inspection applicable to that type of fish.
- (5) [Repealed, SOR/2002-124, s. 5]
- (2) A copy of the key to every code marking required by this section shall be sent to the President of the Agency each year before the commencement of processing operations.
- SOR/99-169, s. 6
- SOR/2000-184, s. 59
- SOR/2002-354, s. 20(F)
33 Notwithstanding subsection 32(1), any hermetically sealed glass container containing fish is exempt from the embossing requirement referred to in that subsection, if such container or the label affixed thereto is otherwise permanently marked with the code markings required by that subsection.
PART IV Canned Fish
- 34 (1) Canned fish shall be sterilized by a method approved by the President of the Agency.
- (2) All registered establishments that conduct canning process operations shall comply with all thermal process requirements set out in the Facilities Manual.
35 All canned fish, except canned fish packed in flat drawn cans, shall have sufficient vacuum to ensure that can ends do not bulge when the product is heated to a temperature of 35°C.
36 (1) Where fish listed in the table to this subsection are packed as canned fish, they shall be packed in cans having the dimensions set out in the table in respect of that fish and the contents of each can shall have not less than the net weight and drained weight set out in the table in respect of that can.
Return to footnote * Overall dimensions are expressed in the manner used in the industry, e.g. “109” means 1 9/16 inches (39.7 mm).
- (a) authorize the use of can sizes other than those referred to in subsection (1); and
- (b) establish the net weight and drained weight of the contents thereof.
- SOR/81-374, s. 5
- SOR/2000-184, s. 59
Clams, Mussels and Oysters
- 37 (1) Canned clams, mussels and oysters shall not contain excessive green algae and shall be free from sand, gravel, pearls, discoloration and shell pieces.
- (2) Canned soft-shelled clams shall have the dark-coloured portion of the siphon and all of the mantle cover removed.
- (3) Canned butter clams shall have the black portion of the siphon removed.
Lobster Cocktail
- 38 (1) Lobster cocktail shall be prepared from fresh, well-washed fish in combination with sound lobster meat that is free from inedible parts.
- (2) More than 50 per cent of the drained weight of the contents of a can of lobster cocktail shall be lobster meat.
Tomalley
- 39 (1) Tomalley shall be prepared from clean, sound roe, green liver and lobster meat free from inedible parts.
- (2) No can of tomalley shall contain filler or any other ingredient.
Lobster Paste
- 40 (1) Lobster paste shall be prepared from those parts of lobsters used in the preparation of tomalley.
- (2) Lobster paste shall be ground to a smooth consistency, shall be uniform in colour and may contain spices, artificial colouring and filler not exceeding a maximum of two per cent by weight of the finished paste.
Salmon
41 [Repealed, SOR/96-364, s. 10]
- 42 (1) Salmon of a species named in Column I of an item of the table to this subsection shall be designated, after it has been canned, by the appropriate common name set out in Column II of that item.
- (2) In addition to the appropriate common name in Column II of the table to subsection (1), canned salmon of the species Oncorhynchus tschawytscha may be designated as “red”, “pink” or “white” to indicate the colour of the flesh in accordance with standards approved by the Minister.
- (3) Notwithstanding subsection (1),
- (a) immature coho salmon ( Oncorhynchus kisutch ) may be designated as “Blueback Salmon” if it meets the colour standard approved by the Minister; and
- (b) cans of minced salmon containing mixed species shall be designated as “Minced Salmon”.
43 Regular-pack canned salmon, which consists of sections of flesh that are cut transversely from the fish and are nearly equal in length to the height of the can, shall be packed so that the cut surfaces are parallel with the ends of the can.
44 Regular-pack canned salmon described in section 43 shall be designated skinless and boneless canned salmon if it is salmon from which the skin and the vertebrae have been removed.
45 Each can containing minced salmon or trimmings from the tail and nape sections of a salmon or other small pieces of salmon shall be embossed with the words “Minced” or “Salmon Tips”, as appropriate, or such other designation as may be approved by the President of the Agency.
46 [Repealed, SOR/96-364, s. 11]
Tuna
47 Fish of a species named in the table to this section shall be designated as tuna after it has been canned.
56 The President of the Agency may, upon written request,
- (a) authorize the use of container sizes other than those referred to in subsection 55(1); and
- (b) establish the net weight of the contents thereof.
57 Containers in which unfrozen lobster meat has been packed without the addition of pickle or brine shall be marked or labelled with the words “dry pack”.
58 Containers of frozen lobster meat shall be marked or labelled with the words “Frozen Lobster Meat”.
59 Where cooked lobster meat is processed for sale as unfrozen lobster meat, it shall, after being packed, be chilled immediately to, and maintained at, a temperature between 0°C and 2°C.
60 Where cooked lobster meat is processed for sale as frozen lobster meat, it shall be frozen immediately after it has been packed and shall be stored at a temperature of -26°C or lower.
Oysters
61 [Repealed, SOR/94-58, s. 2]
62 Oysters in the shell shall be live, individual, undamaged oysters that are free from mussels, limpets, stones, mud and other extraneous material.
63 Each container of Atlantic oysters in the shell shall be legibly marked in such a manner that the area from which the oysters were harvested can be determined to the satisfaction of an inspector.
64 [Repealed, SOR/96-364, s. 12]
65 Atlantic oysters in the shell shall be graded and packed according to the following shapes:
- (a) “Fancy Shape”, if the length of the oyster does not exceed one and one-half times its greatest width and it is not abnormally flat, thin-lipped or malformed;
- (b) “Choice Shape”, if the length of the oyster does not exceed one and three-quarters times its greatest width and it is not abnormally flat, thin-lipped or malformed;
- (c) “Standard Shape”, if the length of the oyster does not exceed twice its greatest width and it is not abnormally flat, thin-lipped or malformed; or
- (d) “Commercial Shape”, if the oyster does not meet the requirements of paragraph (a), (b) or (c).
66 Each container of “Fancy Shape” and “Choice Shape” Atlantic oysters in the shell shall be
- (a) packed with oysters varying not more than 25 mm in length; and
- (b) legibly marked to show the minimum count of oysters contained therein.
Pacific Salmon
66.1 No person shall mark or label any frozen gutted Pacific Salmon or any container thereof with a grade set out in section 66.2 unless the salmon conforms to the standard prescribed for the grade in that section.
66.2 Frozen gutted Pacific Salmon shall be graded as
- (a) “Grade A”, if it is whole, head on or head off, properly cut and cleaned and is free from all entrails, physical damage, bellyburn and signs of advances sexual maturity;
- (b) “Standard”, if it is whole, head on or head off, properly cut and cleaned and is reasonably free from entrails, physical damage, bellyburn and signs of advanced sexual maturity; or
- (c) “Utility”, if it is whole, head on or head off, eviscerated and not tainted, decomposed or unwholesome.
- SOR/83-227, s. 1
- SOR/86-213, s. 9(E)
- SOR/88-265, s. 6
66.3 Frozen gutted Pacific Salmon shall be protected from oxidation and dehydration by a glaze of ice or a tightly wrapped membrane.
Scallops
67 Where scallops are shucked on a fishing vessel, the scallop meat shall be washed and held in containers of a kind approved by the President of the Agency.
68 No person shall pack, sell, export or import any unfrozen scallop meat unless that meat is packed in a container of a kind approved by the President of the Agency.
69 Sea water or three per cent brine made with fresh water obtained from a source approved by the President of the Agency shall be used for washing scallop meat.
70 No person shall pack, sell, export or import
- (a) any unfrozen scallop meat unless the meat is free from organoleptically detectable spoilage;
- (b) any frozen or breaded scallop meat that does not meet the requirements of these Regulations; or
- (c) any unfrozen, frozen or breaded scallop meat unless the meat is free from pieces of roe, gut, shell particles, sand or other extraneous material.
71 Despite paragraph 70(c), scallops taken from an area approved by the President of the Agency may be packed, sold, exported or imported whole in the shell or with roe attached.
Shrimp Cocktail
- 72 (1) Shrimp cocktail shall be prepared from sound, cooked, peeled shrimp meat.
- (2) No person shall export or import any container of shrimp cocktail unless the weight of the shrimp, either expressed as a percentage of the net weight of edible contents in the container or as a declaration of the total weight of shrimp in the container, is declared on the label.
Smelts
- 73 (1) Unless otherwise permitted by the President of the Agency, containers of frozen Atlantic smelts shall be packed in accordance with the table to this subsection.
- (2) The length of a frozen Atlantic smelt shall be determined by measuring from the tip of the nose to the round of the tail of the smelt.
- SOR/81-374, s. 11
- SOR/2000-184, s. 59
Whitefish
74 [Repealed, SOR/96-364, s. 13]
75 In addition to the requirements of section 26, a container of whitefish shall be correctly and legibly marked in English of French to show
- (a) the name of the lake of origin of the whitefish, including the name of the province; and
- (b) the words “dressed whitefish” or “round whitefish” or “whitefish fillets”, as the case may be.
76 If graded for size, containers of whitefish shall be packed and marked in accordance with the Table to this section.
77 Containers in which whitefish is packed for export from Canada may be exempted by the President of the Agency from any or all of the provisions of sections 75 and 76.
PART VI Pickled, Spiced and Marinated Fish
General
- 78 (1) No person shall cure fish for export as pickled, spiced or marinated fish unless the fish prior to curing
- (a) are free from organoleptically detectable spoilage, bruises and other discolorations;
- (b) are clean, firm and properly prepared for the particular style of pack;
- (c) are free from all damaging feed or stomach contents; and
- (d) subject to subsection (2), contain not less than 13 per cent fat.
79 No person shall export pickled, spiced or marinated fish unless
- (a) the containers in which they are packed do not leak;
- (b) the fish are completely covered with the curing solution;
- (c) the fish are properly cured;
- (d) the fish contain a reasonable amount of fat;
- (e) the fish are free from organoleptically detectable spoilage, bruises and other discolorations;
- (f) the fish are properly headed, where required, with a clean cut behind the collar bone; and
- (g) the ingredients used in the curing mixtures are of a type acceptable to the President of the Agency.
80 [Repealed, SOR/96-364, s. 14]
Types, Classes and Grades for Pickled Fish
81 Pickled fish shall be thoroughly cured and properly packed according to its type, class and grade as set forth in sections 82 to 96.
Pickled Split Herring
82 A class A pickled split herring, which is a pickled split herring that contains a reasonable amount of fat, shall be graded as
- (a) “Fat”, if it is a clean, properly split herring that has the blood removed from the backbone and is free from rust;
- (b) “Fat tropic”, if it is a clean, properly split herring that is free from rust; or
- (c) “No. 4 Fat”, if it is a split herring that does not meet the requirements of paragraph (a) or (b).
83 A class B pickled split herring, which is a pickled split herring that contains no fat or only a small amount of fat, shall be graded as
- (a) “Bright”, if it is a clean, properly split herring that has the blood removed from the backbone, is free from rust and is reasonably white inside;
- (b) “Tropic”, if it is a clean, properly split herring that is free from rust; or
- (c) “No. 4 Tropic”, if it a split herring that does not meet the requirements of paragraph (a) or (b).
84 Notwithstanding sections 82 and 83, a pickled split herring may be graded as
- (a) “No. 1”, if it is a clean firm, properly split herring that is bright in colour and that has the entrails removed and the blood removed from the backbone; or
- (b) “Seconds”, if it is a split herring that does not meet the requirements of paragraph (a).
Pickled Headless Split Herring
85 A pickled headless split herring shall be graded as
- (a) “Headless Split”, if it is a firm, white-bellied, properly split headless herring that is bright in colour and from which all entrails and the blood along the backbone have been removed; or
- (b) “Substandard Headless Split”, if it is a split headless herring that does not meet the requirements of paragraph (a).
Pickled Dressed Herring
86 A pickled dressed herring shall be graded as
- (a) “Dressed”, if it is a firm, headless herring that is bright in colour and from which the entrails and a strip of belly, extending from the neck to the anal fin, have been removed in such a manner that no bones protrude; or
- (b) “Substandard”, if it is a dressed, headless herring that does not meet the requirements of paragraph (a).
Pickled Herring Fillets
87 A pickled herring fillet shall be graded as
- (a) “No. 1”, if it is a clean, firm, bright herring fillet that is free from rust and discoloration and from which the backbone and fins have been removed; or
- (b) “No. 2”, if it is a herring fillet that does not meet the requirements of paragraph (a).
Scotch Cure
88 A scotch cure pickled herring shall be graded as
- (a) “Full”, if it is a properly gutted, firm herring that is bright in colour and shows the roe or the milt at the throat; or
- (b) “Fillings”, if it is a properly gutted, firm herring that is bright in colour and does not show the roe or the milt at the throat.
Pickled Split Turbot
89 A pickled split turbot shall be graded as
- (a) “No. 1”, if it is a white, properly split turbot that is clean on the back and face and free from blood along the backbone; or
- (b) “No. 2”, if it is a split turbot that does not meet the requirements of paragraph (a) and is not sour, “pink” or “red”, rusty or heavily sunburned.
Pickled Split Spring Mackerel
90 A pickled split spring mackerel, which is a pickled split mackerel that has no fat or only a small amount of fat, shall be graded as
- (a) “Bright Spring”, if it is a clean, smooth-faced, properly split mackerel that has the blood removed from the backbone, is reasonably bright in colour, and is free from rust;
- (b) “Spring”, if it is a clean, reasonably smooth-faced, properly split mackerel that is free from rust; or
- (c) “No. 4 Spring”, if it is a split mackerel that does not meet the requirements of paragraph (a) or (b).
Pickled Split Summer Mackerel
91 A pickled split summer mackerel, which is a pickled split mackerel that contains a reasonable amount of fat, shall be graded as
- (a) “Choice”, if it is a clean, smooth-faced, properly split mackerel that has the blood removed from the backbone, is white in colour and is free from rust and blood stains;
- (b) “Summer”, if it is a clean, well split mackerel that has the blood removed from the backbone, is of good colour and is free from rust and blood stains, whether or not it is slightly rough in appearance;
- (c) “Dark Summer”, if it is a clean, fairly well split mackerel that is of good colour and is free from rust, whether or not it is slightly rough in appearance; or
- (d) “No. 4 Summer”, if it is a split mackerel that does not meet the requirements of paragraph (a), (b) or (c).
Pickled Split Fall Mackerel
92 A pickled split fall mackerel, which is a pickled split mackerel that contains a substantial amount of fat, shall be graded as
- (a) “Choice Fall”, if it is a clean, smooth-faced, properly split mackerel that has the blood removed from the backbone, is white in colour and is free from rust and blood stains;
- (b) “Fall”, if it is a clean, well split mackerel that has the blood removed from the backbone, is of good colour and is free from rust and blood stains, whether or not it is slightly rough in appearance;
- (c) “Dark Fall”, if it is a clean, fairly well split mackerel that is of good colour and is free from rust, whether or not it is slightly rough in appearance; or
- (d) “No. 4 Fall”, if it is a split mackerel that does not meet the requirements of paragraph (a), (b) or (c).
Pickled Mackerel Fillets
93 The types and grades for pickled mackerel fillets shall be those types and grades set out in sections 90 to 92 for pickled split mackerel except that, where reference is made to the removal of blood from the backbone, the reference does not apply.
Pickled Headless or Pickled Trimmed Mackerel
94 The types and grades for pickled headless and pickled trimmed mackerel shall be those types and grades set out in sections 90 to 92 for pickled split mackerel.
Pickled Split Arctic Char
95 A pickled split Arctic char shall be graded as
- (a) “Choice Red”, if it is a red fleshed, clean, firm, properly split Arctic char that has the blood removed from the backbone and is free from rust, blood stains and other discolorations;
- (b) “Choice Pink”, if it is a pink fleshed, clean, firm, properly split Arctic char that has the blood removed from the backbone and is free from rust, blood stains and other discolorations;
- (c) “Prime Mixed”, if it is a red or pink fleshed, clean, firm, fairly well split Arctic char that has the blood removed from the backbone and is free from rust, whether or not it shows slight blood stains or is slightly rough in appearance; or
- (d) “Commercial”, if it is a red, pink or white fleshed split Arctic char that does not meet the requirements of paragraph (a), (b) or (c).
Pickled Split Atlantic Salmon
96 A pickled split Atlantic salmon shall be graded as
- (a) “Choice”, if it is a red or pink fleshed, clean, firm, smooth-faced, properly split Atlantic salmon that has the blood removed from the backbone and is free from rust, blood stains and other discolorations;
- (b) “Prime”, if it is a red or pink fleshed, clean, firm, fairly well split Atlantic salmon that has the blood removed from the backbone and is free from rust, whether or not it shows slight blood stains or is slightly rough in appearance; or
- (c) “Commercial”, if it is a red or pink or white fleshed split Atlantic salmon that does not meet the requirements of paragraph (a) or (b).
Sizes for Pickled Fish
- 97 (1) Containers of pickled fish shall be packed according to the length of the fish in accordance with Table I to this section or according to the count of the fish in accordance with Table II to this section.
- (2) The longest fish in any container marked “extra small”, “small” or “small medium” in accordance with Table II to this subsection shall not be more than 25 mm longer than the shortest fish in that container.
- (3) The longest fish in any container marked “medium”, “large” or “extra large” in accordance with Table II to this section, shall not be more than 2 inches longer than the shortest fish in that container.
PART VII Bloaters and Bloater Fillets
98 [Repealed, SOR/96-364, s. 15]
Grades
99 Bloaters and bloater fillets shall be properly cured and packed according to their grades as set out in sections 100 and 101.
100 A bloater shall be graded as
- (a) “Choice”, if it is a properly cured herring that has been smoked to a golden colour; or
- (b) “Standard”, if it is a properly cured herring, whether or not it has taken the smoke properly, is broken at the throat or belly or has other slight defects.
101 A bloater fillet shall be graded as
- (a) “Choice”, if it is a properly cured herring fillet that has been well smoked and shows considerable fat; or
- (b) “Standard”, if it is a properly cured herring fillet that does not meet the requirements of paragraph (a).
Sizes for Bloaters
- 102 (1) All bloaters shall be packed by count in accordance with the weight of bloaters in the container.
- (2) The number of bloaters packed in a container holding 8.16 kg shall be indicated by marking or labelling the container with one of the following counts, whichever is appropriate:
- (a) less than 61;
- (b) 61 to 80;
- (c) 81 to 120;
- (d) 121 to 160; or
- (e) more than 160.
- SOR/ 81-374, s. 15
- SOR/2000-184, s. 59
PART VIII Salted Fish
General
103 Salted fish from which “pink” or “red” has been removed may be packed in accordance with the classes and grades established by this Part if, at the time of inspection or packing, whichever last occurs, no “pink” or “red” is showing and the fish has a moisture content not exceeding 38 per cent.
104 [Repealed, SOR/96-364, s. 16]
105 The moisture content of boneless or semi-boneless salted fish shall not exceed 54 per cent.
106 No container of boneless or semi-boneless salted fish shall contain more than one species of fish.
107 Boneless or semi-boneless salted fish shall be packed in new, clean containers that are completely lined with parchment or wax paper or are impervious to moisture.
- 108 (1) Boneless salted fish may be prepared as fibred fish by separating the fibres and shredding the fish.
- (2) Fibred fish shall be prepared from Fancy or Choice grade as described in paragraph 118(a) or (b) and may be designated by any name acceptable to the President of the Agency.
- (3) Containers of boneless salted fish shall not be marked or labelled “middle cuts” unless they contain only pieces of fish taken from the thickest part of boneless salted fish of Fancy or Choice grade.
- (4) Pieces or cuttings of clean fish resulting from the preparation of boneless salted fish shall be designated by any name acceptable to the President of the Agency.
- 109 (1) Boneless salted fish shall have all bones removed.
- (2) Semi-boneless salted fish shall have all bones except the pin bones removed.
Classes, Grades, Sizes and Moisture Content for Salted Fish
110 Salted fish for export from Canada shall be kench or pickle cured and shall be packed according to class, grade, size and moisture content as determined in accordance with sections 112 to 120.
111 The classes of salted fish are “light salted”, “heavy salted” and “Gaspe Cure”.
Light Salted Cod
112 A light salted cod shall be graded as
- (a) “Choice”, if it is a reasonably thick, smooth-faced, well split fish that is clean on back and face, has a slightly yellowish cast, is free from liver, gut and salt on the face, is reasonably free from blood stains and clots, and excludes round or lap tails;
- (b) “Prime”, if it is a reasonably thick, smooth-faced, well split fish, excluding round or lap tails, whether or not it shows slight traces of salt;
- (c) “Madeira”, if it is a fairly well split fish that is not over-salted, sunburned, broken, slimy, dun or sour, whether or not it is fairly thin and slightly rough in appearance;
- (d) “Thirds”, if it is a fish that is excessively thin, badly split, slightly cracked on the face, slightly sunburned or skin-heated, slightly dun or a fish from which dun has been removed or that shows excess salt;
- (e) “West India”, if it is a fish that is not broken or excessively dun, whether or not it is cracked, sunburned or skin-heated or shows slight slim, slight sourness or excess salt; or
- (f) “Tomcod”, if it is a fish under 305 mm in length that meets the requirements of paragraph (a), (b) or (c).
Light Salted Haddock, Hake, Cusk or Pollock
113 A light salted haddock, hake, cusk or pollock shall be graded as
- (a) “Prime”, if it is a fish that meets the requirements of paragraph 112(a), (b) or (c);
- (b) “West India”, if it is a fish that meets the requirements of paragraph 112(d) or (e).
Gaspe Cure Slack Salted Fish
114 A Gaspe Cure slack salted fish shall be graded as
- (a) “Selected”, if it is a reasonably thick, smooth-faced, well split fish, that is clean on back and face, has a somewhat translucent appearance, is free from liver, gut and salt on the surface, is free from blood stains and clots and, where it is hard dried, has an amber cast;
- (b) “Choice”, if it is a fairly well split fish that is not sunburned, broken, slimy, or otherwise defective, whether or not it is slightly rough in appearance or shows slight blood stains and traces of salt on the surface;
- (c) “Standard”, if it is a fish that is not a slink, whether or not that fish is rough-faced or poorly split, shows salt, blood stains, clots or liver stains or is slightly sunburned; or
- (d) “Commercial”, if it is a fish that does not meet the requirements of paragraph (a), (b) or (c) but that is free from mould and slime and is not sour, heavily mutilated, heavily sunburned or heavily skin-heated.
Heavy Salted Cod
115 A heavy salted cod shall be graded as
- (a) “Selected”, if it is a firm, reasonably thick, smooth-faced, well split fish, that is clean on back and face, is white in appearance and is free from slime, blood, liver and other stains;
- (b) “Choice”, if it is a firm, somewhat rough-faced, fairly well split fish that is clean on back and face and is free from slime, whether or not it shows slight blood or other stains on the surface;
- (c) “Standard”, if it is a fish that is not a slink, whether or not that fish is rough-faced or poorly split, shows blood, clots and other stains, is slightly sunburned or skin-heated, or is slightly dun or a fish from which dun has been removed; or
- (d) “Commercial”, if it is a fish that does not meet the requirements of paragraph (a), (b) or (c) but that does not show heavy dun or heavy slime and is not heavily sunburned or heavily skin-heated.
Heavy Salted Haddock, Hake, Cusk or Pollock
116 A heavy salted haddock, hake, cusk or pollock shall be graded as
- (a) “Choice”, if it is a firm, reasonably thick, somewhat rough-faced, clean, fairly well split fish that is clean on back and face and free from slime, whether or not it shows slight blood or other stains;
- (b) “Standard”, if it is a fish that is not a slink, whether or not that fish is rough-faced or poorly split, shows blood clots and other stains, is slightly sunburned or skin-heated, or is slightly dun or a fish from which dun has been removed; or
- (c) “Commercial”, if it is a fish that does not meet the requirements of paragraph (a) or (b) but that does not show heavy dun or heavy slime and is not heavily sunburned or heavily skin-heated.
Heavy Salted Saltbulk and Green Salted Fish
117 A heavy salted saltbulk and green salted fish shall be graded as
- (a) “Fancy”, if it is a firm, reasonably thick, smooth-faced, well split fish that is clean on back and face, is near-white in colour and is free from blood clots, stains and other discolorations and shows whiteness similar to bled fish;
- (b) “Choice”, if it is a firm, reasonably thick, smooth-faced, well split fish that is clean on back and face, is near-white in colour and is free from blood clots, stains and other discolorations;
- (c) “Standard”, if it is a firm, fairly well split fish, whether or not that fish shows slight discoloration as long as the discoloration is not “pink” and does not have jigger-marks or a heavy lap or round tail; or
- (d) “Commercial”, if it is a fish that is free from “pink” discoloration and that does not meet the requirements of paragraph (a), (b) or (c).
Boneless or Semi-boneless Salted Fish
118 Boneless or semi-boneless salted fish shall be graded as
- (a) “Fancy”, if the fillets are thoroughly cured, clean, firm, neatly trimmed whole fillets of the same whiteness as bled fish, are free from excessive salt and other defects, and not more than 10 per cent by count of the fillets in any container have ragged edges, tears or holes;
- (b) “Choice”, if the fillets are thoroughly cured, clean, firm, fairly well trimmed whole fillets that are free from excessive salt and other defects, and not more than 20 per cent by count of the fillets in any container have ragged edges, tears or holes or show slight discoloration;
- (c) “Standard”, if the fillets are thoroughly cured, clean fillets and not more than 50 per cent by count of the fillets in any container have ragged edges, tears or holes or show discoloration; or
- (d) “Substandard”, if the fillets do not meet the requirements of paragraph (a), (b) or (c).
Sizes for Salted Fish
- 119 (1) Containers of salted fish for export from Canada shall be packed according to class and length in accordance with Table I or II to this subsection, as appropriate.
TABLE I
GASPE CURE
- (2) The length of a fish is determined by measuring along the centre of the fish in a straight line from the end of the backbone at the round of the tail to the end of the flesh at the neck but not including the flap of the neck.
Moisture Content for Salted Fish
120 Salted fish for export from Canada shall be designated on the basis of its moisture content in accordance with the table to this section.
TABLE
121 [Repealed, SOR/99-169, s. 9]
PART IX Dried Squid
122 Dried squid for export shall be dried to a moisture content not exceeding 22 per cent and shall be graded as
- (a) “Grade A”, if it is whole, properly split, clean, uniformly shaped and free from all entrails, physical damage, foreign matter, slime, dun, mold and pink, but excluding squid from which pink or dun has been removed;
- (b) “Standard”, if it is whole, split, reasonably clean, free from foreign matter, slime, dun, and mold, whether or not it has traces of pink if the traces are not associated with spoilage and whether or not it is irregularly shaped with slight physical damage, but not if it is squid from which dun has been removed;
- (c) “Utility”, if it is free from foreign matter or mold and has no detectable odour associated with spoilage, whether or not it shows pink discoloration or slight slime, whether or not it is skin-heated, is squid from which dun has been removed or is in bits and pieces.
- SOR/80-802, s. 1
- SOR/83-110, s. 3
- SOR/88-265, s. 7
SCHEDULE I (Sections 15 and 17.1) Establishment Construction and Equipment Requirements
- 1 The definitions in this section apply in this Schedule. means the removal of soil, food, fish residues, blood, waste water or any other dirt or debris from a processing area and processing equipment. ( nettoyage ) means the reduction of the amount of micro-organisms to a level that will not cause serious contamination. ( désinfection ) , in respect of construction material, means resistant to decay, breakdown or other physical damage. ( durable ) , in respect of any material, means an inert material such as concrete through which water or any other substance will not pass. ( imperméable ) , in respect of any material, means a material that is highly resistant to the passage, absorption or incorporation of water or any other substance. ( non absorbant ) means any metal or other material that does not readily rust, corrode, erode or otherwise decay. ( résistant à la corrosion ) means not injurious to health. ( non toxique ) means freezers, cold storages, coolers, cool rooms and any other room inside an establishment where the ambient air temperature is reduced by mechanical means in order to preserve the quality and safety of fish ( installations de réfrigération ). means a fairly regular or even surface without projections, indentations or roughness and that can be easily cleaned and disinfected. ( lisse ) means being in good repair or maintenance. ( en bon état ) means being capable of being cleaned and disinfected with water, cleansers, disinfectants or liquids. ( lavable )
- 2 (1) The layout, design, construction and size of every establishment shall
- (a) permit adequate cleaning and disinfection of all areas;
- (b) prevent the accumulation of dirt, fish being in contact with toxic materials and floor surfaces, the shedding of foreign particles into fish and the formation of condensation or mould on surfaces;
- (c) permit good production practices, including protection against contamination and cross-contamination by fish, equipment, water, air or personnel and any other sources of contamination, including insect and animal pests;
- (d) provide, if necessary, suitable temperature conditions that permit sanitary processing and storage of fish; and
- (e) provide for the orderly and rapid movement of raw material and finished product into and out of the establishment.
- 4 (1) Drains shall be of a type and size sufficient to carry off any process effluent and water from processing and cleaning operations, be equipped with non-corrodible covers or grates and be constructed in a manner that prevents the entry of insect and animal pests, sewer gases or any other deleterious substance.
- (2) All drainage from an establishment shall be disposed of in a manner acceptable to the President or in accordance with local ordinances.
- 9 (1) Doors into and out of processing and support areas shall be constructed of smooth, non-absorbent and non-toxic materials that are washable, be properly fitted and hung and be maintained in a sound condition for ease of cleaning and disinfection.
- (2) Doors in an establishment that is constructed after the coming into force of this Schedule
- (a) shall be located so that persons may not enter directly into a processing area, with the exception of holding rooms, from outside the establishment; and
- (b) if the doors are emergency exits from a processing area, shall be clearly marked “Emergency Use Only” or with other similar wording and be equipped with emergency door opening devices, panic bars or similar devices that prevent entry from the exterior of the establishment.
- 10 (1) Fish processing equipment and ice handling or conveying equipment, including all surfaces, frames and legs shall be constructed of smooth, non-corrodible, non-absorbent and non-toxic materials that are washable, and shall be maintained in a sound condition for ease of cleaning and disinfection.
- (2) Despite subsection (1), frames and legs of dryer flakes and dried squid storage bins may be constructed of wood if all surfaces in contact with fish meet the requirements of that subsection.
- (3) Despite subsection (1), bloater drying canes may be constructed of wood if they are clean and in a sound condition.
- (4) Despite subsection (1), boxes, carts or bins used to hold fresh whole or dressed fish intended for further processing may be made of planed lumber or waterproof plywood and be coated on the interior and exterior with material approved by the President of the Agency.
- (5) Despite subsection (1), ice screws or augers that are in contact with ice may be constructed of galvanized metal.
- 13 (1) Ingredients and additives such as salt and vinegar used in the processing of fish shall be stored in sanitary storage rooms that are intended for that purpose, that are constructed to provide protection from weather, contamination and the entry of insect and animal pests and that, if appropriate, are equipped with adequate-temperature control devices.
- (2) Despite subsection (1), bulk storage of ingredients and additives in an enclosed area is permitted if the area meets the requirements of sections 3 to 8 of this Schedule.
- (3) Doors to areas referred to in subsection (2) shall be constructed of smooth, non-absorbent and non-toxic materials that are washable, properly fitted and hung, maintained in a sound condition for ease of cleaning and disinfection, and so located that ingredients or additives may be unloaded and delivered or conveyed to a processing area in a sanitary manner.
- (4) Despite subsection (1), salt may be stored in bags outside of an establishment if the bags are sound, kept off of the ground and are covered with clean, waterproof coverings that protect the salt from contamination, weather and insect and animal pests.
- 14 (1) Adequate supplies of water that meet one of the following requirements shall be provided in every establishment under a minimum operating pressure of 140 kPa for fish processing, establishment cleaning and disinfection, ice making, employee sanitation and personal hygiene and the operation of toilets:
- (a) the water has a coliform bacteria count, determined by a method acceptable to the President of the Agency, of not more than 2 per 100 millitres; or
- (b) the water is derived from a source approved by the President of the Agency.
- (a) the median or the geometric mean of the faecal coliform most probable number in the water does not exceed 14 per 100 millilitres and not more than 10% of the water samples exceed a faecal coliform most probable number of 43 per 100 millilitres, as determined by a method acceptable to the President; and
- (b) the use of the water poses no threat of cross-contamination in the establishment.
- (a) directly in contact with fish shall not contain any substance that is a hazard; and
- (b) shall be supplied in adequate quantites for retorting and any other purpose as specified in the establishment’s quality management program.
- (a) be operated in a manner that minimizes frost build-up;
- (b) be maintained in a sound condition for ease of cleaning and disinfection; and
- (c) if constructed after the coming into force of this Schedule, be built in accordance with sections 3 to 8 of this Schedule.
- 15 (1) Receptacles for the effective disposal of fish offal shall be provided, be clearly marked “For Offal Only” or with other similar wording or be colour coded, and be
- (a) equipped with tight-fitting covers, as applicable;
- (b) constructed of non-absorbent and non-corrodible materials and kept in a sound condition for ease of cleaning and disinfection; and
- (c) if stored outside the establishment, placed on a concrete pad sloped to a drain.
- (a) be equipped with tight-fitting covers;
- (b) if located inside the processing areas, be constructed of non-absorbent and non-corrodible materials and kept in a sound condition for ease of cleaning and disinfection;
- (c) if located outside the processing areas, be kept in a sound condition for ease of cleaning and disinfection and may be constructed of mild steel or other suitable non-absorbent metal; and
- (d) if delivering offal to the interior of the offal bin, be located over or surrounded by a concrete pad of suitable size sloped to a drain.
- 18 (1) Refrigeration facilities shall be built in accordance with good engineering practices and with respect to freezing equipment shall
- (a) contact freeze a 25 mm-thick block of unpackaged fillets to -18°C in two hours or less; or
- (b) air blast freeze fish at a rate that prevents deterioration of the fish, until the thickest section of the fish is at a temperature of -18°C .
- (a) present in adequate numbers for both sexes;
- (b) conveniently located adjacent to processing areas;
- (c) designed so that toilet areas do not lead directly into processing areas; and
- (d) equipped with floor drains that will prevent any overflow of water or sewage from entering or contaminating a processing area, unless an inspector determines that there is no risk of serious contamination.
- 23 (1) Washbasins shall be equipped with non-hand-operated taps.
- (2) Washbasins and other facilities or materials necessary for employee hygiene shall be
- (a) provided in adequate quantities, and
- (b) conveniently located in or visible from processing areas.
- 26 (1) Conveyors in contact with fish shall be maintained in a sound condition for ease of cleaning and disinfection, be constructed of non-corrodible, non-absorbent, smooth, impervious, light-coloured and non-toxic materials or non-corrodible, non-absorbent, impervious and non-toxic wire mesh or chain link and, if necessary, be equipped with effective spray washers and scrapers.
- (2) Conveyors that are used for loading finished and packaged products into conveyances may be made of mild steel or other similar material and shall be maintained in a sound condition for ease of cleaning and disinfection.
- (a) a clean and sanitary system for conveying fish from the reception area to the processing area;
- (b) storage areas for finished products that are large enough and designed so that they are easy to clean and, if a fish meal plant operates onboard, a separate hold must be designated for the storage of fish meal and other by-products;
- (c) adequate equipment for pumping or disposing of processing effluent, cleanup water, waste or fish that are unfit for human consumption directly into the sea or in accordance with any laws regarding ocean dumping, into a watertight tank reserved for that purpose;
- (d) adequate equipment for delivering pressurized clean and sanitary seawater for processing, the intake for which must be situated in a position where it is not possible for the water being taken in to become contaminated or affected by discharges into the sea of waste water, waste and engine coolant;
- (e) walls, ceilings and non-slip floors that are easy to clean, in particular if there are pipes, chains or electrical conduits;
- (f) hydraulic systems arranged or protected in such a way as to ensure that any leakage that could contaminate fish is minimized; and
- (g) marine type toilet facilities or other sanitary facilities acceptable to an inspector.
- SOR/81-374, ss. 18 to 21
- SOR/83-110, s. 4
- SOR/99-169, s. 10
- SOR/2002-437, ss. 3, 4, 5(F), 6(A), 7(F), 8(F)
SCHEDULE II (Section 15) Establishment Sanitation Requirements
- 1 Every establishment shall implement and comply with its sanitation program.
- 2 (1) Equipment and material used to clean and disinfect an establishment and processing equipment shall be provided in adequate quantities and be conveniently located in the establishment.
- (2) Any product used for the lubrication of fish processing equipment or machinery and any product used for cleaning and disinfection shall be clearly labelled as to its use, stored in an appropriate location and only used by a person trained to use or apply it in a manner that prevents contamination of fish or contact surfaces.
- 3 (1) Employees shall wear protective clothing such as coveralls, aprons, sleeves, smocks, hand coverings, hair nets or beard nets that are in a clean and sound condition and suitable for the tasks employees are charged to perform.
- (2) No person shall enter a processing area unless the person
- (a) wears the protective clothing designated in the quality management program and appropriate to the tasks they will perform;
- (b) ensures that their footwear is clean and sanitary and, if appropriate, uses a footdip to do so; and
- (c) wears a hair net and, if appropriate, a beard net.
- (a) handle or process fish unless they first wash their hands with single-service soap, wash or rinse their waterproof protective clothing, and disinfect their hands or hand coverings if either will come into direct contact with fish; or
- (b) after leaving a production line, return to it unless they first wash their hands with single-service soap, wash or rinse their waterproof protective clothing, and disinfect their hands or hand coverings if either will come into direct contact with fish.
- (a) collected in handling systems, receptacles or conveyances that are not used for the holding or transport of fish intended for processing;
- (b) disposed of or stored, before disposal, in a manner that will not attract insect and animal pests, allow the build-up of offensive odours or contaminate the area surrounding the establishment; and
- (c) removed from the establishment or grounds under the control of the operator of the establishment as frequently as necessary to maintain the sanitation of the establishment, and as specified in the quality management program of the establishment.
- 11 (1) No person shall smoke, spit, eat, chew gum or store food or other personal items not used in fish processing in processing areas.
- (2) Unnecessary material or equipment shall not be stored in a processing area.
- 13 (1) The grounds under the control of an operator of an establishment in proximity to the establishment shall be kept clean, free from debris and unnecessary material and be maintained to minimize harbourages for insect and animal pests.
- (2) Areas where fish is loaded, unloaded or handled and other high traffic areas shall be paved with asphalt, covered with concrete or other impervious material and equipped with appropriate drains.
- 15 (1) Subject to subsection (2), no person shall use wooden pallets in an establishment for any purpose other than
- (a) to handle or transport boxed or otherwise containerized raw material in a holding room; or
- (b) to transport ingredients, additives, packaging material, raw material, labels, semi-processed saltfish, or packaged, boxed or otherwise containerized finished products into or out of a processing area.
- 16 (1) Fish shall be kept iced or chilled and protected from contamination before processing in the establishment and, if the type of process operation conducted so requires, shall be washed before processing.
- (2) Cold storages shall maintain the temperature of fish at -18°C or colder.
- (3) Coolers shall maintain fish at a temperature from 4°C to -1°C.
- 17 (1) Processed fish shall be stored in locations designated in the quality management program in order to preserve its quality and safety.
- (2) No odoriferous or toxic substance shall be stored in a processing area.
- (a) is removed from cold storage and returned to it unless the frozen fish is thawed for further processing; or
- (b) is placed on a conveyance equipped with cold-storage capability.
- SOR/81-374, ss. 22, 23
- SOR/83-110, s. 5
- SOR/89-375, s. 2
- SOR/99-169, s. 10
- SOR/2002-354, ss. 22(F), 23(E)
- SOR/2002-437, s. 9(A)
SCHEDULE III (Sections 14.1 and 14.3) Requirements for Vessels Used for Fishing or Transporting Fish
- 1 Areas where fish and ice are stored shall
- (a) have covers to protect the fish and ice from the sun and weather;
- (b) be provided with drainage to effectively remove ice melt water and ensure that fish and ice do not come into contact with bilge water or other contamination; and
- (c) where it is necessary to prevent physical damage to the fish, be divided into pens, which shall be shelved vertically at intervals of 90 cm or less.
- (a) preserved by the use of finely divided ice sufficient to reduce and hold the temperature at 4°C or lower, and such ice shall be made from water from a source approved by a fish inspection laboratory; or
- (b) preserved by such other methods as the President of the Agency may approve.
- 11 (1) Fish on board a vessel shall be frozen at a freezing rate not less than the rate prescribed by item 10.
- (2) In the case of a packaged fish product on board a vessel, the time required to reduce the thermal centre of the packaged product to -20°C shall not exceed 36 hours.
- 12 (1) Except for brine frozen fish, the thermal centre of the fish on board a vessel shall be reduced to a temperature of -20°C or lower before the fish can be removed from the freezer to the cold storage area.
- (2) In the case of brine frozen fish on board a vessel, the thermal centre of the fish shall be reduced to -12°C before the fish can be removed from the freezer to the cold storage area.
- SOR/82-829, s. 5
- SOR/99-169, s. 10
- SOR/2000-184, s. 59
SCHEDULE IV
[Repealed, SOR/99-169, s. 11]
SCHEDULE V (Sections 20 and 21) Requirements for Conveyances and Equipment Used for Unloading, Handling, Holding and Transporting Fresh Fish
- 1 Forks, pumps, tools or other equipment and practices that pierce, tear or otherwise damage or contaminate the edible portion of fish shall not be used.
- 2 Fish handling equipment, such as chutes, conveyors, fish washers, tables and utensils, shall be of smooth, non-absorbent, non-corrodible material, other than wood, free from cracks and crevices and so constructed as to facilitate cleaning.
- 3 (1) Fish shall be transported in covered containers approved by the President of the Agency or enclosed vehicle bodies.
- (2) The contact surfaces of fish storage areas in vehicles and of containers used for transporting fish shall be smooth, free from cracks and crevices and made of non-corrodible material.
- 4 (1) The containers and vehicle bodies used to hold or transport fish shall be filled to a level no higher than 90 cm of its depth.
- (2) The body of a vehicle used for transporting fish in bulk shall be divided at intervals of 1 m along its length.
- 5 (1) Fish held prior to being transported shall be iced or chilled after unloading from a vessel and be protected from the sun and weather and from contamination.
- (2) Fish shall be iced or chilled while being transported.
- SOR/82-829, s. 6
- SOR/99-169, s. 12
- SOR/2000-184, s. 59