Food Safety Inspection Disclosure Program. Operator Information Guide

Transcription

1 Food Safety Inspection Disclosure Program Operator Information Guide

2 MESSAGE FROM THE MEDICAL OFFICER OF HEALTH Dear Food Establishment Operator: In March 2009, the (DRHD) will introduce a new Food Safety Inspection Disclosure Program called DineSafe Durham. All food establishments operating in Durham Region will be required to participate in accordance with the Region of Durham s Food Safety Disclosure By-law # Under the new program, each time a public health inspector visits your establishment to conduct a routine inspection, you will receive one of three Durham Food Safety Inspection Summary signs green (Pass), yellow (Conditional Pass) or red (Closed). Once a sign is issued, you are required to post it immediately at or near the main public entrance to your food establishment, such that it is clearly visible to members of the public. This Operator Information Guide will provide you with information about the new DineSafe Durham program. It describes how DineSafe Durham will be implemented, and outlines your responsibilities under the disclosure by-law. It also provides details about each of the three inspection summary signs and includes guidelines on how to receive and maintain a green (Pass) sign. Please read the enclosed information carefully. If you have any questions, please contact your area public health inspector or the DRHD Environmental Help Line at , ext or Toll-free at , ext Thank you for your co-operation. We look forward to continuing to work with you in providing safe and wholesome food to your customers. Yours Truly, Dr. Robert Kyle Medical Officer of Health acknowledges the support of Toronto Public Health and Peel Public Health. DineSafe logo adapted and reprinted with permission of Toronto Public Health. 2

3 TABLE OF CONTENTS Why Implement a Food Safety Inspection Disclosure Program? Durham s Food Safety Inspection Disclosure Program GREEN (PASS) SIGN YELLOW (CONDITIONAL PASS) SIGN RED (CLOSED) SIGN Correction of Infractions & Legal Action Risk Level of Food Establishments & Frequency of Inspections Food Safety Training & Certification Information Resources Available Glossary APPENDIX A - Region of Durham Food Safety Disclosure By-law APPENDIX B - It s Easy To Be GREEN (PASS) Checklist Contact Information for the

4 WHY IMPLEMENT A FOOD SAFETY INSPECTION DISCLOSURE SYSTEM? All food establishments are required to operate according to the minimum requirements of the Ontario Food Premises Regulation, O. Reg. 562 (as amended) under the Health Protection and Promotion Act. Each operator has the responsibility to understand and comply with the legislation at all times. Public health inspectors routinely inspect food establishments to ensure they are in compliance with the Ontario Food Premises Regulation at the time of inspection. Disclosure programs have many benefits for the public and food operators. The DineSafe Durham program is intended to increase compliance with legislation, improve food safety, reduce the risk of food-borne illness, increase the transparency of inspections, improve the public's accessibility to information and increase public confidence in the food inspection process and the food industry. THEDINESAFE DURHAM FOOD SAFETY INSPECTION DISCLOSURE PROGRAM The DineSafe Durham program applies to the following food establishments operating within the Region of Durham: General food service establishments (e.g., restaurants, bars, cafeterias, delicatessens, butcher shops, grocery stores, banquet halls, catering kitchens, etc.); and Institutional food service establishments (e.g., hospitals, school cafeterias, nursing homes, licensed childcare centre kitchens, boarding houses with 10 or more residents, etc.); and Mobile food service premises (e.g., hot dog carts, catering vehicles, french fry trucks, etc.) The DineSafe Durham program does not apply to private residences or dwellings, farmers' markets, farm gate sales, or other similar food establishments. The program requires the posting of the DineSafe Durham green (PASS), yellow (CONDITIONAL PASS) or red (CLOSED) sign based on the results of the most recent food safety inspection. A public health inspector will inspect all food establishments and assess whether the operation meets the requirements of the Food Premises Regulation. Operators will be provided with a copy of the Food Safety Inspection Report after the public health inspector inputs the inspection results into the electronic database. 4

5 DURHAM with the Ontario Food Premises Regulation. REGION HEALTH DEPARTMENT Month/Day/Year Dr. Robert Kyle Medical Officer of Health This placard is the property of and shall not be removed or altered in any way. cannot guarantee the same conditions are maintained after this inspection date. It is the sole responsibility of the operator to maintain this establishment in accordance Month/Day/Year This establishment has been inspected by in accordance with the Ontario Food Premises Regulation on, Month/Day/Year Inadequate food temperature control Inadequate protection of food from contamination/adulteration Improper food handler hygiene/handwashing Unapproved food source and supply Inadequate pest control Improper storage/removal of waste Improper sanitation/design/maintenance of surfaces/utensils/equipment Dr. Robert Kyle Medical Officer of Health This placard is the property of and shall not be removed or altered in any way. cannot guarantee the same conditions are maintained after this inspection date. It is the sole responsibility of the operator to maintain this establishment in accordance DURHAM with the Ontario Food Premises Regulation. REGION HEALTH DEPARTMENT Dr. Robert Kyle Medical Officer of Health This placard is the property of and shall not be removed or altered in any way. cannot guarantee the same conditions are maintained after this inspection date. It is the sole responsibility of the operator to maintain this establishment in accordance DURHAM with the Ontario Food Premises Regulation. REGION HEALTH DEPARTMENT Month/Day/Year Month/Day/Year WHY IMPLEMENT A FOOD SAFETY INSPECTION DISCLOSURE SYSTEM? (cont d) The scoring system within the database provides a consistent and objective approach to inspections. The scoring system is used by all public health inspectors in Durham Region. Each requirement listed in the Food Safety Inspection Report is assigned a value (weight), based on the potential to cause food-borne illness. The overall score for each food safety inspection will be based on the total number and type of infractions observed at the time of the inspection. The score determines whether a green, yellow or red sign must be posted at the entrance to the establishment. PASS Name Address This establishment has been inspected by in accordance with the Ontario Food Premises Regulation and passed the inspection on, Results of the previous inspection on Pass Conditional Pass Closed A copy of the most recent inspection report is available for review upon request at this establishment. For further information contact at ext or visit Green (PASS) sign - Substantial compliance with the Food Premises Regulation Yellow (CONDITIONAL PASS) sign - Significant non-compliance with the Ontario Food Premises Regulation which may affect food safety Red (CLOSED) sign - Conditions represent an immediate health hazard to the general public The (DRHD) will provide the signs and sign holders for every food establishment at no charge. It is the operators responsibility to post the most recent Durham Food Safety Inspection Summary sign (i.e., green, yellow or red) in the sign holder, near the main public entrance(s) of the food establishment, in accordance with the Region of Durham Food Safety Disclosure By-law (Appendix A). The sign must remain posted until another inspection or reinspection has been conducted and a public health inspector has issued a replacement sign. In the event that a summary sign or sign holder is damaged or goes missing, operators must notify the DRHD at or ext immediately so that a replacement sign can be issued. During the second implementation phase in late 2009 or early 2010, the Health Department is planning to make summary inspection results for all food establishments in Durham Region available online on the Durham Region website. The Health Department may also continue to post a semi-annual list of any convictions registered against food establishments that have been charged with failing to comply with the Food Premises Regulation. CONDITIONAL PASS Name Address The following infractions must be corrected immediately and will be re-inspected within 72 hours. Results of the previous inspection on Pass Conditional Pass Closed A copy of the most recent inspection report is available for review upon request at this establishment. For further information contact at ext or visit CLOSED BY ORDER OF THE MEDICAL OFFICER OF HEALTH under the authority of Section 13 of the Health Protection and Promotion Act, the establishment operating as Name Address Date is CLOSED until further notice from due to: Failure to protect food from contamination/adulteration Failure to prevent infestation of insects, rodents, and vermin Failure to maintain cleanliness and sanitation Failure to provide a constant supply of potable hot and cold water Failure to contain wastewater/sewage in a sanitary manner Failure to operate establishment free from serious health hazard Fire, flood, power failure Results of the previous inspection on Pass Conditional Pass Closed For further information contact at ext or visit 5

6 DURHAM REGION Month/Day/Year Month/Day/Year GREEN (PASS) SIGN A green (PASS) sign will be issued when: There is substantial compliance with the Food Premises Regulation as of the inspection date noted on the sign; or Any infractions observed are few in number and/or noncritical in nature such that they are unlikely to result in foodborne illness; and Food handling / preparation operations do not represent an immediate risk to public health Examples of non-critical infractions: Hair restraints are not worn by food handlers while they are handling food No test kit or supply of chemical test strips are available to check the sanitizer concentration in automatic dishwashers, sinks, and spray bottles Floors, walls and other non-food contact surfaces or equipment require cleaning or repair Re-inspection of the establishment PASS This establishment has been inspected by in accordance with the Ontario Food Premises Regulation and passed the inspection on, Results of the previous inspection on A copy of the most recent inspection report is available for review upon request at this establishment. For further information contact at ext or visit Dr. Robert Kyle Medical Officer of Health A re-inspection (follow-up inspection) to ensure continued compliance with the Regulation will take place when there are outstanding items of non-compliance remaining at the end of an inspection. However, in some instances, minor issues of non-compliance, observed in an establishment receiving a green (PASS) sign, may be addressed during the next routine inspection. HEALTH DEPARTMENT Name Address Pass Conditional Pass Closed This placard is the property of and shall not be removed or altered in any way. cannot guarantee the same conditions are maintained after this inspection date. It is the sole responsibility of the operator to maintain this establishment in accordance with the Ontario Food Premises Regulation. 6

7 DURHAM REGION Month/Day/Year Month/Day/Year YELLOW (CONDITIONAL PASS) SIGN A yellow (CONDITIONAL PASS) sign will be issued when: There is significant non-compliance with the Food Premises Regulation. Significant non-compliance means that the number and/or the type of infractions observed have the potential to lead to food-borne illness. Each infraction of the Food Premises Regulation has been assigned a value (weight) within the computer system based on the potential for the infraction to result in food-borne illness. At the completion of each inspection, all the values are added up by the computer. If the total score reflects significant non-compliance, the computer system will prompt the inspector to issue a yellow (CONDITIONAL PASS) sign. Examples of infractions that can lead to food-borne illness: HEALTH DEPARTMENT CONDITIONAL PASS Name Address This establishment has been inspected by in accordance with the Ontario Food Premises Regulation on, The following infractions must be corrected immediately and will be re-inspected within 72 hours. Inadequate food temperature control Inadequate protection of food from contamination/adulteration Improper food handler hygiene/handwashing Unapproved food source and supply Inadequate pest control Improper storage/removal of waste Improper sanitation/design/maintenance of surfaces/utensils/equipment Results of the previous inspection on Pass Conditional Pass Closed A copy of the most recent inspection report is available for review upon request at this establishment. For further information contact at ext or visit Dr. Robert Kyle Medical Officer of Health This placard is the property of and shall not be removed or altered in any way. cannot guarantee the same conditions are maintained after this inspection date. It is the sole responsibility of the operator to maintain this establishment in accordance with the Ontario Food Premises Regulation. Hazardous foods are not cooked to the minimum internal temperature required to kill potentially harmful bacteria Hazardous foods are not kept cold enough to prevent the growth of harmful bacteria Hazardous foods are not held hot enough to prevent the growth of harmful bacteria Contamination of ready-to-eat foods (e.g., cheese, salad items, milk, etc.) by raw foods/ chemicals/pesticides may occur during storage or handling Food handling staff are observed handling food without first washing their hands Food contamination may occur due to pest or rodent infestation Re-inspection of the establishment A food establishment receiving a yellow (CONDITIONAL PASS) sign will receive a re-inspection within 72 hours (3 business days). The operator is responsible for keeping the yellow (CONDITIONAL PASS) sign posted until a re-inspection is conducted and a public health inspector provides a replacement sign. If all of the infractions have not been corrected, another yellow (CONDITIONAL PASS) sign may be issued, and further re-inspections may be conducted. In addition, the Health Department may take legal action for any outstanding infractions. 7

8 Medical Officer of Health This placard is the property of and shall not be removed or altered in any way. cannot guarantee the same conditions are maintained after this inspection date. It is the sole responsibility of the operator to maintain this establishment in accordance DURHAM with the Ontario Food Premises Regulation. REGION HEALTH DEPARTMENT Month/Day/Year RED (CLOSED) SIGN A red (CLOSED) sign will be issued when: The public health inspector is of the opinion, upon reasonable and probable grounds, that an immediate health hazard exists at the food establishment. A health hazard is any condition that is likely to lead to food-borne illness or another adverse health effect if the condition is not corrected. If a health hazard is observed, an Order of a public health inspector (Section 13 of the Health Protection and Promotion Act) will be issued requiring the operator to close the establishment to eliminate or decrease the effect of the health hazard. Failure to comply with an Order is a serious offence, which upon conviction, may result in a significant fine. CLOSED BY ORDER OF THE MEDICAL OFFICER OF HEALTH under the authority of Section 13 of the Health Protection and Promotion Act, the establishment operating as Name Address Date is CLOSED until further notice from due to: Failure to protect food from contamination/adulteration Failure to prevent infestation of insects, rodents, and vermin Failure to maintain cleanliness and sanitation Failure to provide a constant supply of potable hot and cold water Failure to contain wastewater/sewage in a sanitary manner Failure to operate establishment free from serious health hazard Fire, flood, power failure Results of the previous inspection on Pass Conditional Pass Closed For further information contact at ext or visit Dr. Robert Kyle If a food establishment is issued a red (CLOSED) sign, the operator must do the following: Immediately close the food establishment and stop preparing, serving and/or selling food to the public Immediately post the red (CLOSED) sign at the front entrance to the food establishment Correct the conditions listed on the Closure Order to eliminate the health hazard Contact the public health inspector for a re-inspection once the conditions outlined in the Order have been corrected Examples of infractions leading to a red (CLOSED) sign: Infestation with insects or rodents, where there is evidence of food contamination and a lack of an effective pest control program No hot and cold running potable water under pressure Sewage back-up into food preparation or storage areas Fires, floods or power outages Re-inspection of the establishment The CLOSED establishment will be monitored by the public health inspector to ensure that the establishment remains closed. The inspector will rescind the Order and remove the CLOSED sign only when the inspector is satisfied that the health hazard has been eliminated as outlined in the Order. The establishment must comply with the minimum standards of the Ontario Food Premises Regulation and then a green (PASS) sign will be issued. The operator is responsible for keeping the establishment closed and keeping the CLOSED sign posted until a public health inspector issues a replacement sign. If the infractions have not been corrected, the CLOSED sign will not be removed, and the establishment must remain closed. Failure to comply with an Order to Close may lead to legal action, including charges. 8

9 CORRECTION OF INFRACTIONS & LEGAL ACTION Operators must be familiar with the requirements of the Food Premises Regulation and they are expected to operate their food establishments in compliance with the Regulation at all times. Any infractions identified and noted during an inspection (including non-critical infractions) are considered items of non-compliance with the Regulation. It is the responsibility of the operator to ensure that all infractions are corrected as soon as possible. A re-inspection of the establishment will take place within hours if any critical infractions are identified. If all critical infractions are not corrected by the time of the first re-inspection, the public health inspector may initiate legal action to obtain compliance. Although there are no fees for re-inspections, repeat infractions noted during re-inspections or during any subsequent compliance inspections, may be subject to legal action independent of the DineSafe Durham program. It is possible for an establishment to be charged despite receiving a green (PASS) sign. Legal action may also be initiated for infractions of the Food Safety Disclosure By-law. Public health inspectors are designated as Provincial Offences Officers. This means that they have the authority to issue a set-fine ticket (Provincial Offence Notice) or a Summons to court when infractions of the legislation are observed. Upon conviction, an individual operator may be fined up to $5,000 and a corporation up to $25,000 for each day or part of a day on which an infraction occurred or continued. 9

10 RISK LEVEL OF FOOD ESTABLISHMENTS & FREQUENCY OF INSPECTIONS Public health inspectors are required to assess all food establishments at least once per year to determine the risk level of the establishment. The risk level then determines the frequency of inspections. Risk Level Risk Assessment Criteria Minimum Inspection Frequency High Any eating or drinking establishment Three inspections that prepares hazardous food (e.g., meat, per year poultry, fish, dairy products or other highprotein food) and meets at least one of the following criteria: Serve a high risk population based on age or medical condition Daily preparation of large volumes of hazardous food Process food with multiple preparation steps Has been a source of food-borne illness/ outbreak in the past Medium Any eating or drinking establishment Two inspections that meets one or more of the following per year criteria: Prepare hazardous foods without meeting the criteria outlined under high risk Prepare non-hazardous foods with extensive handling and/or high volume Low Any eating or drinking establishment One inspection that does not prepare hazardous food per year and that meets one or more of the following criteria: Serve pre-packaged hazardous foods Prepare and/or serve non-hazardous foods without meeting the criteria outlined in medium risk Acts as a food storage facility for nonhazardous foods only 10

11 FOOD SAFETY TRAINING & CERTIFICATION INFORMATION It is important to ensure that food handlers understand and practice basic food safety procedures to ensure that the food being served and/or offered for sale is safe and of high quality. Food handler training can be one of the most effective ways of enhancing food safety. The (DRHD) strongly recommends that managers, supervisors and staff involved in food preparation complete an approved food handler training course and receive their Food Safety Certification. Each month the DRHD offers a low cost, six hour Food Safety Training & Certification course, which covers the following topics: 1. Public Health Legislation 2. Role of the Health Department 3. Hazard Analysis Microbiological & Chemical Food Poisoning 4. Critical Controls Temperature Controls Safe Food Supplies Preventing Cross-contamination Cleaning & Sanitizing Personal Hygiene 5. Food Premises Sanitation Garbage Storage & Handling Pest Control Equipment Design & Maintenance Construction Requirements 6. HACCP Implementation Monitoring Criteria & Recipe Audits The DRHD also provides home-study and on-line training options. In addition the DRHD accepts certificates obtained from other local public health agencies and recognized training organizations. To inquire about our food safety training options or to register staff for an upcoming Food Safety Training & Certification Course, you may contact the DRHD at , ext or tollfree , ext Information is also available on our website at DURHAM REGION HEALTH Food Safety DEPARTMENT TRAINING CERTIFICATION Agenda Introduction Public Health Legislation Role of the Health Department Hazard Analysis Microbiological Causes of Food Poisoning Chemical Food Poisoning High Risk Factors Critical Controls Temperature Control Personal Hygiene Preventing Cross-contamination Cleaning & Sanitizing Safe Food Supplies Food Premises Sanitation Construction Requirements Equipment Design & Maintenance Garbage Storage & Handling Pest Control Layout HACCP Implementation Recipe Audits Monitoring Criteria Review and exam (50 multiple choice questions) Please Note: It will take approximately three weeks for your exam to be processed and for certificates to be mailed out. & Training Courses 2011 January 12 February 9 March 9 April 13 May 11 June 8 July 13 August 10 September 14 October 13 November 9 December 14 Exam Challenge 2011 January 10 February 7 March 7 April 4 May 2 June 6 July 4 August 8 September 12 October 3 November 7 December 5 11

12 As directed on package DUHEV 284 Oct 2009 DUHEV-280 Jul09 DUHEV NOV06 RESOURCES AVAILABLE HANDWASHING DURHAM REGION HEALTH DEPARTMENT HAZARDOUS FOOD TEMPERATURE CHART Environmental Help Line ext MINIMUM REQUIRED INTERNAL FOOD TEMPERATURES COLD HOLDING 1. Wet hands 2. Apply liquid soap 3. Scrub backs of hands, between fingers, thumbs and around fingernails for at least 15 seconds Refrigerated Foods 4 o C /40 o F or colder Frozen Foods Whole Poultry chicken, turkey, duck, etc. Ground / Cut Poultry wings, breasts, legs, etc. -18 o C /0 o F or colder COOKING All temperatures to be maintained for a minimum of 15 seconds Food Mixtures (e.g. soups, stews, casseroles, gravies) 82 o C / 180 o F 74 o C / 165 o F 74 o C / 165 o F 4. Rinse DURHAM REGION 5. Towel dry 6. Turn off taps with towel REMEMBER, proper handwashing can remove germs that make you sick For more information, please contact Environmental Help Line at or Pork / Pork Products Ground Meat other than poultry (e.g. beef, lamb) Fish 71 o C / 160 o F 71 o C / 160 o F 70 o C / 158 o F Other Hazardous Foods large cuts of e.g. beef, lamb or goat; rice, beans, etc. HOT HOLDING 70 o C / 158 o F After cooking, all hazardous foods must be held at a minimum 60 o C / 140 o F until service. REHEATING All temperatures to be maintained for a minimum of 15 seconds All hazardous foods must be reheated, within a 2 hour period, to at least their specified minimum required internal cooking temperature. All poultry must be reheated to at least 74 o C / 165 o F. DURHAM REGION How To Thaw Meat Safely Never Thaw Meat At Room Temperature! 0 0 Preferred Method: In the Refrigerator at 4 C (40 F) or lower Advantages Best way to prevent food poisoning Meat thaws evenly throughout Meat stays fresh with no colour or texture change Disadvantages Requires a planned menu May take several days for large cut of meats or whole poultry 10 Hours/kg. (5 Hours/lb.) Alternate Method: Under Cold Running Water 2 Hours/kg. (1 Hour/lb.) Advantages Safe way to prevent food poisoning Meat thaws evenly throughout Fairly fast Least Preferred Method: In the Microwave Follow manufacturer directions Advantage Quick Disadvantages Requires an available food preparation sink Uses a lot of water Time required to clean and sanitize sinks before and after thawing Disadvantages Uneven thawing Colour changes Texture changes Requires immediate cooking after thawing BE ORGANIZED, NOT SURPRISED! Prevent Food Poisoning. DUHEV 041 (June 2007) DURHAM REGION HEALTH DEPARTMENT Cleaning & Sanitizing Flowchart for Equipment & Surfaces st 1 Step nd 2 Step rd 3 Step CLEAN / WASH Scrub using detergent and clean water (minimum 45 seconds contact time) RINSE Use clean, warm water SANITIZE Use chlorine, quaternary ammonium (quats), iodine or another Health Department approved sanitizer. Provide appropriate test strips to confirm sanitizer solution concentration. Chemical In sink In spray bottle / sani-buckets minimum 24 C (leave sprayed surfaces wet) minimum 45 seconds contact time or as per manufacturer's instructions To loosen dirt and debris on surfaces To remove soap residue, dirt and debris from surfaces To kill most harmful germs Chlorine Quats Iodine 100 ppm 200 ppm 25 ppm 200 ppm ppm (quats may need final rinse; follow manufacturer's instructions) 25-50ppm (follow manufacturer's instructions) SANITIZER CHLORINE AIR DRY or wipe dry with a disposable towel 12

13 GLOSSARY Durham Food Safety Inspection Summary Sign The original coloured sign issued by a public health inspector to a food establishment. Durham Food Safety Inspection Report The original inspection report that corresponds to an inspection conducted by a public health inspector that is issued to the operator noting infractions and the requirement to comply with all appropriate legislation. Food Establishment Any place where food or drink for human consumption is manufactured, processed, stored, handled, displayed, distributed, transported, sold or offered for sale to the public. Food-borne Illness Food-borne illness (also known as food poisoning ) results from eating food or drinking beverages contaminated with bacteria (or their toxins), parasites, viruses or chemicals. Salmonella and E. coli are two common types of bacteria that cause food-borne illness. Food Safety Program A program under the Ontario Public Health Standards. The Standards are published as guidelines for the provision of mandatory health programs and services by the Ontario Ministry of Health and Long-Term Care. The goal of the food safety program is to prevent or reduce the burden of food-borne illness. Health Hazard A health hazard, as defined by the Health Protection and Promotion Act, means a condition of a premises, a substance, thing, plant, or animal other than man, or a solid, liquid, gas, or combination of any of them, that has or that is likely to have an adverse effect on the health of any person. Infraction The failure to meet prescribed legislative requirements. The term infraction is often used interchangeably with violation, contravention, or item of non-compliance. 13

14 GLOSSARY (cont d) Ontario Food Premises Regulation The Ontario Food Premises Regulation, O. Reg. 562 (as amended) is the primary piece of legislation outlining the minimum food safety requirements that all food establishments in Ontario must meet at all times. Ontario Health Protection and Promotion Act The Ontario Health Protection and Promotion Act, R. S. O. 1990, C.H.7 (as amended) provides the fundamental structure for the organization and delivery of public health programs and services, the prevention of the spread of disease and the protection and promotion of the health of the people of Ontario. Operator Any person or persons whom own, occupy, manage, control, govern, or has responsibility for and control over the activity carried on or within a food establishment. For the sake of clarity it is recognized that there may be more than one operator of a food establishment. Order A verbal or written direction given to remove a condition that constitutes a health hazard as defined by the Health Protection and Promotion Act. Public Health Inspector Public health inspectors are trained and certified professionals who are required to evaluate and monitor health and safety hazards in the community. They are designated as Provincial Offences Officers who enforce government regulations relating to food safety, sanitation, safe water and other environmental health issues. Summons A command to appear before a Court of Justice in relation to charges laid under applicable Acts, Regulations, and/or municipal by-laws. Ticket The issuance of an Offence Notice having a pre-determined fine associated with the infraction. Each infraction carries its own pre-determined fine amount depending on its severity. 14

15 APPENDIX A BY-LAW NUMBER OF THE REGIONAL MUNICIPALITY OF DURHAM being a by-law to regulate disclosure of food safety inspection information to the public. WHEREAS s. 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, otherwise authorizes a Council of an upper tier municipality to pass by-laws related to the health, safety and well being of persons; AND WHEREAS the regulation of food safety performance by food establishments within the Region of Durham is a matter related to the health, safety and well-being of its inhabitants; AND WHEREAS the Regional Municipality of Durham, in its capacity as a designated Board of Health under the provisions of the Health Protection and Promotion Act, R.S.O. 1990, c. H-7 has a duty to ensure the provision of health programs and services in a variety of areas; AND WHEREAS the Ministry of Health and Long Term Care has identified within its Mandatory Health Programs and Service Guidelines, as amended from time to time, certain requirements and standards related to food safety to which all boards of health are subject; AND WHEREAS the Council of the Regional Municipality of Durham deems it desirable for the health, safety and well-being of inhabitants and visitors to the Region of Durham to provide them with information regarding the food safety performance of food premises in the Region of Durham; AND WHEREAS the Council of the Regional Municipality of Durham has endorsed the creation of a mandatory food safety disclosure program in order to improve the health of Durham inhabitants on the terms set forth herein; NOW THEREFORE, the Council of the Regional Municipality of Durham hereby enacts as follows: Definitions 1. In this by-law, Act means the Health Protection and Promotion Act, R.S.O. 1990, c. H-7, as amended, and any regulations created there under; 15

16 APPENDIX A (cont d) Board of Health means a board of health, as defined in the Act; Durham Food Safety Inspection Report means an original copy of an inspection report that corresponds to an inspection conducted by a public health inspector, that has been completed, signed and dated by a public health inspector, and that has been issued to an operator of a Food Establishment. Durham Food Safety Inspection Summary means an original colour copy sign in the form depicted in one of Schedules A, B and C to this by-law belonging to and issued by the Regional Municipality of Durham to a Food Establishment as a result of any inspection of such Food establishment conducted pursuant to the Act; Food means any food or drink intended for human consumption, and includes an ingredient of food or drink intended for human consumption; Food Establishment means premises where food intended for human consumption is sold or offered for sale to the public or 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 by the public, but does not include a private residence, dwelling, farmers markets, farm gates or other similar food establishments. Medical Officer of Health means the duly appointed Medical Officer of Health for The Regional Municipality of Durham, and includes any designate acting on his or her behalf; Municipal Act, 2001 means the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and any regulations created thereunder; Municipal Law Enforcement Officers are persons appointed by by-law by a municipal council to enforce the by-laws of the municipality; Operator means any person or persons who own, occupy, manage, control, govern, or has responsibility for and control over the activity carried on or within a Food Establishment. For the sake of clarity it is recognized that there may be more than one operator of a Food Establishment; Public Health Inspector means a public health inspector acting under the direction of the Medical Officer of Health for the Regional Municipality of Durham; Region or Region of Durham means the Regional Municipality of Durham; Sign Holder means a sign holder issued by the Region of Durham or other sign holder approved by the Region of Durham. 16

17 APPENDIX A (cont d) Application 2. This by-law shall apply to all Food Establishments in the Region of Durham. Posting Requirement 3. Every Operator of a Food Establishment shall keep posted in the Food Establishment, in a conspicuous location at or near the entrance or entrances of such establishment and clearly visible to members of the public, the most recent Durham Food Safety Inspection Summary. 4. Where a Food Establishment does not have an entrance or entrances at which the most recent Durham Food Safety Inspection Summary may be posted, then the Operator shall ensure that the Durham Food Safety Inspection Summary is posted at or near the pick-up window or other location clearly visible to members of the public. 5. Every Operator of a Food Establishment shall keep a copy of the most recent Durham Food Safety Inspection Report readily available on-site and shall produce same for viewing by a Public Health Inspector or member of the public upon request. 6. Every Durham Food Safety Inspection Summary and Sign Holder shall remain the property of the Region of Durham. Operators, subject to the approval of the Region of Durham, are permitted to have Sign Holders other than that which is provided by the Region of Durham provided same in no way impair or obscure the visibility of the Durham Food Safety Inspection Summary. 7. No person shall deface, alter or remove any Durham Region Food Safety Inspection Summary properly posted in a Food Establishment. Enforcement 8. All Public Health Inspectors exercising their duties pursuant to this by-law are hereby appointed as Municipal Law Enforcement Officers for that purpose. 9. A Public Health Inspector may enter and have access to, through and over any Food Establishment, at any reasonable time, for the purposes of enforcing this by-law or the exercise of any power or duty under this by-law or the Act. 10. An Operator shall return to Durham Region any Durham Food Inspection Summary and/or Sign Holder upon the request of a Public Health Inspector. 17

18 APPENDIX A (cont d) Obstruction 11. No person shall hinder or obstruct a Public Health Inspector lawfully carrying out a power, duty or direction under this by-law Offences 12. Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. Severability 13. If any section or sections of this by-law or parts thereof are found by any court of competent jurisdiction to be illegal or beyond the power of the Council of Durham Region to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this by-law shall be deemed to be separate and independent there from and to be enacted as such. Effective Date 14. This by-law as it relates to posting of the Durham Food Safety Inspection Summary at the entrance of a Food Establishment shall come into force and take effect on March 2, Miscellaneous 15. Nothing in this by-law shall limit or be deemed a voluntary restriction upon any right, power, ability or duty of the Region of Durham, the Medical Officer of Health or any Public Health Inspector under any statute, regulation, by-law or law in force in the Province of Ontario. Short Title 16. This by-law may be referred to as the Region of Durham s Food Safety Disclosure By-Law. 18

19 APPENDIX A (cont d) BY-LAW NUMBER OF THE REGIONAL MUNICIPALITY OF DURHAM being a by-law to amend By-law No , being a by-law to regulate disclosure of food safety inspection information to the public. NOW THEREFORE BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of the Regional Municipality of Durham through its Council as follows: 1. THAT section 12 of the By-law No , be amended to read: 12 Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine in accordance with Schedule D to this by-law. 2. That schedule D attached hereto forms part of By-law, BY-LAW read and passed this 23rd day of June

20 APPENDIX B It s Easy To Be GREEN (PASS) Checklist Food Temperature Control Store cold food at 4 C/40 F or colder Store frozen food at -18 C/0 F or colder Cook all hazardous food to the required internal temperature Reheat hazardous foods to 74 C/165 F or hotter Keep hot food at 60 C/140 F or hotter until service Provide accurate indicating thermometers for all temperature controlled compartments and have accurate probe thermometers available to check internal food temperatures Food Preparation & Storage Store cooked and ready-to-eat food items on shelves above raw meats, poultry, seafood, fish and uncooked eggs Cover stored food with wraps or store in containers with lids Use proper utensils to reduce direct hand contact with prepared food Use water that is safe to drink for food preparation Label chemicals and store them away from food and food preparation areas Keep all food items 15 cm/6 inches off the floor on shelves, racks or pallets Clean, rinse, sanitize cutting boards, equipment, counters and other food contact surfaces Thaw foods in the refrigerator, under cold running water or in the microwave All food must be from inspected and approved sources Food Handler Hygiene and Maintenance/Sanitation of Establishment Wash hands thoroughly before and after handling food and after using the restroom Use hand wash basins only for hand washing and not for food preparation or dishwashing Wear clean outer garments and hair coverings Provide potable hot and cold running water under pressure Remove solid and liquid waste from the food preparation area frequently, ensuring it is stored in a sanitary manner between pick-ups Protect your establishment against insects and rodents Ensure general housekeeping is satisfactory Keep floors, walls and ceilings clean and in good repair Keep washrooms, toilets and change rooms clean at all times, with appropriate supplies for handwashing All surfaces must be smooth, non-absorbent and easy to clean Ensure proper operation and maintenance of mechanical dishwashers, refrigerators and other equipment Ensure adequate supplies of detergents/soaps and sanitizers for handwashing, dishwashing and cleaning 20

21 CONTACT INFORMATION DURHAM REGION HEALTH DEPARTMENT For more information on DineSafe Durham, please contact us at: Phone: ext Toll-free: ext Fax: Website: Our staff will be pleased to assist you. Thank you for your co-operation. Note: The information in this booklet is solely intended as a guide and does not replace the requirements of the Ontario Food Premises Regulation. 21

22 NOTES 22

23 NOTES 23

24 DURHAM REGION HEALTH DEPARTMENT For more information on DineSafe Durham, please contact us at: Phone: ext Toll-free: ext Fax: Website: Nov. 2010