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Fish Inspection Regulations

made pursuant to subsection 77(2) of the

Fisheries and Coastal Resources Act

S.N.S. 1996, c. 25

O.I.C. 84-1404 (December 4, 1984, effective January 1, 1985), N.S. Reg. 286/84

as amended up to O.I.C. 2013-105 (March 28, 2013, effective April 1, 2013), N.S. Reg. 105/2013

 

1     These regulations may be cited as the Fish Inspection Regulations.

Section 1 added: O.I.C. 2002-142, N.S. Reg. 47/2002.

 

1A  In these regulations

 

                (a)    “canned fish” means any fish that is sealed in a can and is sterilized;

 

                (b)    “cannery” means an establishment where canned fish is produced for human consumption;

 

                (c)    “catch” means fish that is caught or harvested by a fisherman and his crew;

 

                (d)    “decomposed” with respect to fish means fish that has an offensive or objectionable odour, flavour, colour, texture or substance associated with spoilage;

 

                (e)    “Department” means the Nova Scotia Department of Fisheries and Aquaculture;

 

                (f)    “establishment” means any place where fish are processed for sale;

 

                (g)    “fish” means any fish, including shellfish and crustaceans, and marine animals, any parts, products or by-products thereof;

 

                (h)    “inspector” means a person designated as an inspector pursuant to Section 12;

 

                (i)     “licence” means a fish processing licence issued under Section 4;

 

                (ia)   “licence holder” means a person who holds a valid licence;

Clause 1A(ia) added: O.I.C. 2004-234, N.S. Reg. 168/2004.

 

                (j)     “Minister” means the Nova Scotia Minister of Fisheries and Aquaculture;

 

                (k)    “overall length” means the horizontal distance measured between perpendicular lines drawn at the extreme ends of the outside of the main hull of a vessel;

 

                (l)     “processing” includes cleaning, filleting, icing, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;

 

                (m)   “semi-preserves” 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 by means of refrigeration without freezing;

 

                (n)    “tainted” with respect to fish means fish that is rancid or has an abnormal odour or flavour;

 

                (o)    “unwholesome” with respect to fish means fish that has in or upon it bacteria of public health significance or substance toxic or aesthetically offensive to man.

Section 1 renumbered 1A: O.I.C. 2002-142, N.S. Reg. 47/2002.

[Note: the references to the Minister and Department in clauses (e) and (j) have been updated in accordance with the following: Order in Council 2006-121 under the Public Service Act, R.S.N.S. 1989, c. 376, effective February 24, 2006; S.N.S. 2006, c. 44, s. 1, effective April 1, 2007.]

 

2     (1)    The Minister may appoint a Registrar and such other employees of the Department as are necessary for the purpose of administering these regulations.

 

       (2)    The Registrar shall establish and maintain a Registry containing the names of all licence holders.

 

       (3)    The Minister may issue general directions to the Registrar regarding the issuance, amendment, renewal, suspension, termination and conditions of a fish processing licence.

Section 2 replaced: O.I.C. 2002-142, N.S. Reg. 47/2002.

 

3     No one shall operate or maintain an establishment for the purpose of processing fish for sale unless

 

                (a)    that person has been issued a fish processing licence for that establishment in accordance with these regulations, and

 

                (b)    the establishment and the employees meet the requirements of these regulations.

 

4     (1)    A person may apply for a licence by completing an application on a form supplied by the Department and submitting it to the Minister with a non-refundable application fee of $257.65, which is in addition to the annual licence fee prescribed in subsection 4(5).

Subsection 4(1) added: O.I.C. 2002-142, N.S. Reg. 47/2002; amended: O.I.C. 2013-105, N.S. Reg. 105/2013.

 

       (2)    The Minister shall advise an applicant of the outcome of their application, in writing, within 21 days of receiving all information relating to the application.

Subsection 4(2) added: O.I.C. 2002-142, N.S. Reg. 47/2002.

 

       (3)    A fish processing licence may be issued by the Minister upon application, in respect of

 

                (a)    an establishment where canned fish is processed, only when the establishment meets the requirements of Parts I and II of Schedule I;

 

                (b)    an establishment where salted or dried fish are processed, only when the establishment meets the requirements of Parts I and III of Schedule I;

 

                (c)    an establishment where fresh or frozen fish or semi-preserves are processed, only when the establishment meets the requirements of Parts I and IV of Schedule I;

 

                (d)    an establishment where pickled, spiced or marinated fish are processed, only when the establishment meets the requirements of Parts I and V of Schedule I; and

 

                (e)    an establishment that distributes fresh shucked molluscs, only when the establishment meets the requirements of Part I of Schedule I.

Clause 4(e) added: O.I.C. 86-248, N.S. Reg. 41/86.

Section 4 renumbered subsection 4(3): O.I.C. 2002-142, N.S. Reg. 47/2002.

 

       (4)    Unless otherwise specified in the licence, a licence expires on December 31 of the calendar year for which it is issued.

Subsection 4(4) added: O.I.C. 2002-142, N.S. Reg. 47/2002.

 

       (5)    The annual fee for a licence is $257.65.

Subsection 4(5) added: O.I.C. 2002-142, N.S. Reg. 47/2002; amended: O.I.C. 2013-105, N.S. Reg. 105/2013.

 

5     (1)    Subject to subsection (2), a licence is not assignable or transferable.

 

       (2)    Where the Minister is satisfied that a licence is being transferred to a corporation in which the current licence holder owns the majority of voting shares, the Minister may transfer the licence.

 

       (3)    If a majority of voting shares of a corporation that is a licence holder are transferred, its licence ceases to be in force.

Section 5 replaced: O.I.C. 2002-142, N.S. Reg. 47/2002.

 

5A  The Minister may in his sole discretion limit the number of fish processing licences to be issued where in his opinion it is in the public interest to do so.

Section 5A added: O.I.C. 89-1370, N.S. Reg. 247/89.

 

6     The Minister may cancel a fish processing licence

 

                (a)    where in his opinion any serious contamination is present in the establishment in respect of which the licence was issued; or

 

                (b)    where the licence was issued

 

                         (i)     in respect of an establishment described in Section 4(a) [clause 4(3)(a)], if in his opinion the establishment is not maintained in accordance with Parts I or II of Schedule I or does not meet the operating requirements of Parts I or II of Schedule II,

 

                         (ii)    in respect of an establishment described in Section 4(b) [clause 4(3)(b)], if in his opinion the establishment is not maintained in accordance with Parts I or III of Schedule I or does not meet the operating requirements of Parts I or III of Schedule II,

 

                         (iii)   in respect of an establishment described in Section 4(c) [clause 4(3)(c)], if in his opinion the establishment is not maintained in accordance with Parts I or IV of Schedule I or does not meet the operating requirements of Parts I or IV of Schedule II,

 

                         (iv)   in respect of an establishment described in Section 4(d) [clause 4(3)(d)], if in his opinion the establishment is not maintained in accordance with Parts I or V of Schedule I or does not meet the operating requirements of Parts I or V of Schedule II,

 

                         (v)    in respect of an establishment described in Section 4(e) [clause 4(3)(e)], if in his opinion the establishment is not maintained in accordance with Part I of Schedule I or does not meet the requirements of Part I of Schedule II or Schedule VI.

Subclause 6(b)(v) added: O.I.C. 86-248, N.S. Reg. 41/86.

 

6A  (1)    A licence holder may request that their licence be renewed, amended or cancelled by submitting the request in writing to the Minister in the form and manner determined by the Department.

 

       (2)    A request to amend a licence shall be accompanied by a fee of $32.20.

Subsection 6A(2) amended: O.I.C. 2013-105, N.S. Reg. 105/2013.

 

       (3)    A request to renew a licence shall be accompanied by the annual licence fee prescribed in subsection 4(5).

Section 6A added: O.I.C. 2002-142, N.S. Reg. 47/2002.

 

6B   (1)    If the Minister has reason to believe that terminating, amending or suspending a licence is justified under subsection 76(2) or (3) of the Act, the Minister shall notify the licence holder of the pending action and the licence holder may apply for a show cause hearing in accordance with the procedure determined under subsection (2), to show cause why their licence should not be terminated, amended or suspended.

 

       (2)    The Minister shall determine the practice and procedure to be followed when a licence holder applies for a show cause hearing under subsection (1).

 

       (3)    An application under subsection (1), must be accompanied by a non-refundable fee of $241.95.

Subsection 6B(3) amended: O.I.C. 2007-288, N.S. Reg. 282/2007; O.I.C. 2013-105, N.S. Reg. 105/2013.

Section 6B added: O.I.C. 2004-234, N.S. Reg. 168/2004.

 

6C  For the purposes of clause 76(3)(ba) of the Act, a licence holder is required to

 

                (a)    comply with federal and Provincial legislation and regulations;

 

                (b)    comply with the terms and conditions of their licence; and

 

                (c)    comply with the terms and conditions of any other licence issued to the licence holder pursuant to the Act or regulations made under the Act.

Section 6C added: O.I.C. 2004-234, N.S. Reg. 168/2004.

 

7     (1)    Section 3 does not apply to a fisherman who by himself, or his crew, processes his own catch into whole or dressed unfrozen fish, salted or pickled fish.

 

       (2)    Notwithstanding subsection (1), where the Minister has in writing notified a fisherman that there is a serious contamination in the place where fish are being processed by the fisherman, no fish shall be processed in that place by any person.

 

8     No person shall process

 

                (a)    any fish that is tainted, decomposed or unwholesome, or otherwise fails to meet the requirements of these regulations;

 

                (b)    crabs, lobsters, clams, oysters, mussels or whelks that are not alive;

 

                (c)    live oysters, clams, mussels or other molluscs unless the waters from which such shellfish are taken are of such a nature as will ensure that the shellfish are wholesome.

 

9     No person shall use a boat for fishing or for the transportation of fish for processing unless that boat meets the requirements of Schedule III.

 

10   No person shall operate an establishment for storing frozen fish unless the establishment meets the requirements of Schedule IV.

 

11   No person shall unload, handle, hold or transport fresh fish intended for processing unless the unloading, handling, holding or transportation meets the requirements of Schedule V.

 

12   The Minister may designate any person as an inspector for the purpose of these regulations.

 

13   (1)    All fish, and any place, premises, vehicles, vessels or boats used for processing, carrying or storage of fish, shall be subject to inspection by an inspector.

 

       (2)    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 re-inspection is required under these regulations.

 

14   An inspector may at any time take samples free of charge for the purpose of carrying out an inspection pursuant to these regulations.

 

15   No person shall obstruct, impede or refuse to admit an inspector or other person acting in execution of these regulations and no person shall aid or assist any person in obstructing, impeding or refusing to admit such inspector or other person.

 

16   An inspector may detain fish for the purpose of carrying out an inspection pursuant to these regulations.

 

17   (1)    The fish detained by an inspector may be identified by attaching to any of the fish or any container thereof a numbered tag upon which shall be clearly written

 

                (a)    the word “held”;

 

                (b)    an identification number;

 

                (c)    a brief description of the lot detained;

 

                (d)    the date; and

 

                (e)    the signature of the inspector.

 

       (2)    Where any fish is detained pursuant to subsection (1), the inspector shall deliver or mail to the owner or his agent a duly completed notice of detention.

 

       (3)    Where any fish is detained pursuant to subsection (1) on premises owned by a person who is not the owner of the fish, a copy of the notice of detention shall be delivered or mailed to that person.

 

       (4)    No person shall alter, deface or remove a tag attached to any fish or container thereof pursuant to subsection (1) or move, sell or dispose of any such fish or container thereof unless he has obtained a release from an inspector.

 

       (5)    Notwithstanding subsection (4), where it is necessary for any fish or container thereof referred to in that subsection to be moved from one warehouse to another, or the owner of the fish or container or his agent has made a reasonable request for the fish or container to be moved under detention, an inspector may permit such fish or container thereof to be moved accordingly.

 

       (6)    Where an inspector is satisfied that any fish detained pursuant to subsection (1) meets the requirements of these regulations, he shall prepare a notice of release and deliver or mail one copy thereof to the owner of the fish or his agent and one copy to the person, if any, on whose premises the fish was found.

 

18   (1)    Whenever an inspector believes on reasonable grounds that an offence against these regulations has been committed, he may seize all fish and containers by means of or in relation to which he reasonably believes the offence was committed.

 

       (2)    All fish and containers seized pursuant to subsection (1) may be retained for a period of two months following the day of seizure, unless during that period proceedings in respect of those fish and containers are undertaken, in which case the fish and containers may be further retained until such proceedings are finally concluded.

 

19   (1)    Where a person interested in a decision of an inspector in respect of any inspection or other matter under these regulations is not satisfied with a decision of an inspector, he may, by notice in writing, appeal the decision to the Minister who shall order a re-inspection.

 

       (2)    Where a re-inspection is made pursuant to subsection (1) and the Minister makes a decision as a result thereof, that decision shall be final.

 

       (3)    No re-inspection shall be ordered pursuant to subsection (1) unless the person who is appealing the decision of an inspector is able to satisfy the Minister that

 

                (a)    the identity of the fish or containers of fish in dispute has been preserved;

 

                (b)    the request for re-inspection was made within 30 days of the disputed inspection; and

 

                (c)    the fish or containers of fish do not have in or upon them any poisonous or harmful substance.

 

20   No person shall falsify or unlawfully alter, destroy, erase or obliterate any declaration, certificate or other document made or issued under these regulations.

 

21   The Minister may order the owner of the fish that is tainted, decomposed or unwholesome to dispose of that fish under the direction of an inspector in such a way as to prevent the possibility of the fish being marketed or sold for human consumption.

 

22   (1)    No person shall

 

                (a)    process or package fish or fish products that have been illegally caught, cultured, raised, harvested or processed;

 

                (b)    process or package fish or fish products that have been bought contrary to the Fish Buyers’ Licensing and Enforcement Regulations;

 

                (c)    obstruct, impede or refuse to admit, or aid or assist any person in obstructing, impeding or refusing to admit, an inspector or any other person acting in the execution of the Act and these regulations.

 

       (2)    For the purpose of clause (1)(a), “illegally” means

 

                (a)    without an appropriate licence issued either by Fisheries and Oceans Canada or the Department or without the appropriate authorization from the Canadian Food Inspection Agency; or

 

                (b)    in contravention of federal or Provincial legislation or regulations, including but not limited to legislation and regulations relating to size, season and quota.

Section 22 added: O.I.C. 2004-234, N.S. Reg. 168/2004.



Schedule I - Construction and Equipment Requirements for Establishments


Part I - General

 

1     The surface of floors in wet working areas where fish is received, held or processed shall be sloped for drainage purposes and constructed of concrete or such other material as the Minister may approve.

 

2     Floors in dry working areas shall be properly constructed of such material as the Minister may approve.

 

3     Drains shall be of a type and size sufficient to carry off process effluents and water from cleaning operations and shall be equipped with traps or other devices to preclude the entry of gases or vermin into the building through the drains.

 

4     Inside surfaces of walls in wet working areas where fish is received, held or processed shall be constructed of smooth, waterproof, light coloured material that is acceptable to the Minister and that can be thoroughly washed up to a height of not less than 4 feet.

 

5     Natural or mechanical ventilation systems shall provide clean air, remove undesirable odours, steam and smoke and prevent condensation in rooms where work is performed.

 

6     Toilet facilities of types and in numbers approved by the Minister shall be provided.

 

7     Rooms in which toilet facilities are located shall have doors of a type approved by the Minister.

 

8     Sanitary washbasins equipped with hot and cold running water, liquid or powdered soap, and air dryers or single service towels, of types and in locations and numbers approved by the Minister, shall be provided.

 

9     (1)    An adequate supply of safe, sanitary water that

 

                (a)    has a coliform bacteria count, determined by a method acceptable to the Minister, of not more than two per 100 millilitres; or

 

                (b)    is derived from a source approved by the Minister

 

shall be provided under a minimum operating pressure of 20 pounds per square inch.

 

       (2)    Notwithstanding subsection (1), an establishment may use water other than water referred to in subsection (1) for fire protection, boilers or auxiliary services if there is no connection between the water systems providing water to the establishment.

 

10   The frames and legs of all equipment on which fish is processed shall be constructed of metal or other material approved by the Minister.

 

11   Tables shall be so constructed that they and the areas beneath can be readily cleaned.

 

12   (1)    Bins or receptacles in which offal is stored shall be watertight, constructed of metal or other material approved by the Minister and, where necessary to prevent contamination of the establishment of any fish processed therein, be equipped with well-fitted covers.

 

       (2)    A concrete or other suitable surface, sloped for drainage purposes, shall be used for all offal areas.

 

13   Wood shall not be used for the construction of any part of a conveyor that comes in contact with fish.

 

14   Flumes for conveying fish shall be constructed of non-corrodible material, other than wood, and in such a manner that they can be properly cleaned.

 

15   A minimum illumination intensity of 215 lm/m2 shall be provided on all working surfaces in processing rooms.


Part II - Canneries

 

16   Rooms in which fish is processed shall have ceilings that are free from cracks, crevices and open joists and that

 

                (a)    are constructed of smooth, washable, light coloured material; and

 

                (b)    are of a height acceptable to the Minister.

 

17   There shall be no exposed pipes over any working surface on which fish is processed.

 

18   Hot water shall be provided and maintained at a minimum temperature of 43oC in sufficient quantity for the operations of the cannery.

 

19   Facilities shall be provided, at a convenient location, for disinfecting the protective hand coverings used in processing areas.

 

20   (1)    Cutting, filleting and skinning boards shall be made of planed lumber or other material that is smooth and without cracks and shall be constructed in a manner approved by the Minister.

 

       (2)    Cracking blocks and mallets shall be constructed of material approved by the Minister.

 

       (3)    Roller devices used for extracting lobster or crab meat shall be constructed of noncorrodible material approved by the Minister and shall be equipped with spray washers.

 

21   Surfaces, other than cutting, filleting and skinning boards, on which fish is processed shall be made of non-corrodible material, other than wood, and all joints on such surfaces shall be smooth and watertight.

 

22   All receptacles, trays, tanks, vats and utensils used for processing fish shall be of non-corrodible material, other than wood, and shall have smooth surfaces free from cracks and crevices.

 

23   Boxes, carts, bins and other receptacles used in a cannery for holding fish, other than live fish, before it is further processed or shipped shall be constructed so as to provide drainage and, if made of wood, shall be constructed of planed lumber or waterproof plywood and shall be coated with a material approved by the Minister.

 

24   Conveyor belts that come in contact with fish, other than canned fish, shall be fitted with a spray washer and, where practical, a scraper.

 

25   Wire mesh utensils shall not be used in processing except for the handling of shellfish and crustaceans in the shell.

 

26   Enamelled utensils shall not be used in processing.

 

27   An adequate supply of steam shall be maintained at a sufficient pressure for the operations of the cannery.

 

28   Every cannery shall be equipped with one or more

 

                (a)    sealing machines of a type approved by the Minister; and

 

                (b)    retorts equipped with properly installed

 

                         (i)     mercury-in-glass thermometer,

                         (ii)    pressure gauge,

                         (iii)   steam spreader, and

                         (iv)   venting valves.


Part III - Salted or Dried Fish Establishments

 

29   Inside surfaces of walls in dry working areas where fish is processed or stored shall be constructed of light coloured material that is acceptable to the Minister.

 

30   Ceilings of working areas where fish is processed shall be of a height and constructed of material acceptable to the Minister.

 

31   Cutting surfaces on which fish is dressed or split shall be made of planed lumber or other material that is smooth and without cracks and shall be constructed in a manner approved by the Minister.

 

32   Table surfaces, other than cutting and cleaning boards, on which fish is processed shall be made of non-corrodible material, other than wood, and all joints on such surfaces shall be smooth and watertight.

 

33   (1)    All receptacles, trays and utensils used for holding salted fish, other than packaged fish, shall be constructed of material approved by the Minister.

 

       (2)    Where receptacles, trays and utensils referred to in subsection (1) are made of wood, they shall be constructed of planed lumber or waterproof plywood and coated with a material approved by the Minister.

 

       (3)    Receptacles, trays and utensils in which pickled fish is held shall be constructed in such a manner that the contents thereof can drain.

 

34   Tanks or vats used in the processing of fish shall be constructed of material approved by the Minister.


Part IV - Fresh or Frozen Fish or Semi-Preserves Processing Establishments

 

35   Rooms in which fish is processed shall have ceilings that are free from cracks, crevices and open joists and that

 

                (a)    are constructed of smooth, washable, light coloured material; and

 

                (b)    are of a height acceptable to the Minister.

 

36   Hot water shall be provided and maintained at a minimum temperature of 43oC in sufficient quantity for the operations of the fresh or frozen fish establishment.

 

37   Facilities shall be provided, at a convenient location, for disinfecting the protective hand coverings used in processing areas.

 

38   (1)    Cutting, filleting and skinning boards shall be made of planed lumber or other material that is smooth and without cracks and shall be constructed in a manner approved by the Minister.

 

       (2)    Cracking blocks and mallets shall be constructed of material approved by the Minister.

 

       (3)    Roller devices used for extracting lobster or crab meat shall be constructed of non-corrodible material approved by the Minister and shall be equipped with spray washers.

 

39   Surfaces other than cutting, filleting and skinning boards on which fish is processed shall be made of non-corrodible material other than wood, and all joints on such surfaces shall be smooth and watertight.

 

40   All receptacles, trays, tanks, vats and utensils used for processing fresh fish, frozen fish or semi-preserves shall be of non-corrodible material, other than wood, and shall have smooth surfaces free from cracks and crevices.

 

41   Boxes, carts, bins and other receptacles used in a fresh fish, frozen fish or semi-preserves establishment for holding fish other than live fish, before it is further processed or shipped, shall be constructed so as to provide drainage and, if made of wood, shall be constructed of planed lumber or waterproof plywood and shall be coated with a material approved by the Minister.

 

42   Conveyor belts that come in contact with fish other than packaged fish, shall be fitted with a spray washer and, where practical, a scraper.

 

43   Wire mesh utensils shall not be used in processing except for handling shellfish and crustaceans in the shell.

 

44   Enamelled utensils shall not be used in processing.

 

45   Freezing facilities for processed fish shall be capable of reducing the temperature at the centre of a 25 mm thick block of unpackaged fillets to -21oC in two hours or less.

 

46   Where round or dressed fish is not contact frozen, freezing facilities shall be available to freeze fish by means of air at a temperature of -30oC or colder moving at a velocity of not less than 2 m/s until the temperature at the centre of the thickest section of the fish is -21oC.


Part V - Pickled, Spiced and Marinated Fish Establishments

 

47   Sections 16 to 19, subsection 20(1) and Sections 21 to 26 of this Schedule apply to pickled, spiced and marinated fish establishments.

 

48   Inside surfaces of walls in dry working areas where fish is processed shall be constructed of light coloured material that is acceptable to the Minister.

 

49   Sufficient space, acceptable to the Minister, shall be provided for the storage of curing ingredients.

 

50   Sufficient warehouse space shall be provided to protect the product from freezing or overheating during curing.


Schedule II - Operating Requirements for Establishments


Part I - General

 

1     No person who

 

                (a)    is known to be suffering from any communicable disease;

 

                (b)    is a known “carrier” of any disease; or

 

                (c)    has an infected wound or open lesion on any part of his body shall be employed in any working area of an establishment.

 

2     Every person engaged in handling or processing fish shall wash his hands thoroughly with warm water and liquid or powdered soap immediately after each absence from duty.

 

3     Employees who handle fish shall not wear fingernail polish.

 

4     All waterproof garments shall be properly cleaned after each work shift.

 

5     No person shall smoke or spit in a working area of an establishment.

 

6     Toilet facilities shall be maintained in a manner satisfactory to the Minister and a supply of toilet tissue shall be available in each toilet room.

 

7     Sewage, including liquid waste from fish processing operations, shall be disposed of in such a manner that the waste is inaccessible to flies and the water supply for the establishment will not become contaminated.

 

8     Offal and other refuse shall be removed from the processing area at least once daily and be handled in a manner satisfactory to the Minister.

 

9     Offal bins or receptacles shall be used only for offal and shall be identified as such.

 

10   Dogs, cats and other animals shall not be allowed in an establishment.

 

11   (1)    A rodent and insect control program satisfactory to the Minister shall be maintained in every establishment and, where pesticides are used, the application thereof shall be made under the supervision of a responsible operator using proper equipment in a manner that prevents contamination of fish.

 

       (2)    Pesticides referred to in subsection (1) shall be of a kind approved by the Minister.

 

12   Unnecessary material or equipment shall not be stored in a working area of an establishment.

 

13   The area and beach surrounding and under the control of an establishment shall be kept clean.

 

14   Brushes, brooms, hoses and other equipment and material necessary for proper cleaning shall be available at all times in an establishment.


Part II - Canneries

 

15   A record of the sterilization treatment used for each batch of fish shall be kept on file at a cannery for a period of not less than 12 months.

 

16   Water used for cooling canned fish shall be chlorinated to give a chlorine residual of at least two parts per million, except where canned fish is cooled in a retort using a water supply approved by the Minister.

 

17   (1)    Fish shall be washed prior to canning.

 

       (2)    When lobster meat has been shucked, it shall be washed in cold running water before it is processed further.

 

18   Only clean ice made of water from a source approved by the Minister may be used in a cannery.

 

19   Vats in which shellfish or crustaceans are boiled shall be drained and cleaned at intervals of 2 hours or at such shorter intervals as may be deemed necessary by an inspector.

 

20   Shellfish and crustaceans shall be removed from the cooking vats immediately after they have been cooked.

 

21   When a batch of lobster, crab or shrimp has been cooked, it shall be cooled immediately in clean, cold water and, if further processing does not commence within 1 hour, it shall be

 

                (a)    rapidly chilled and stored at a temperature between 0oC and 2oC and processed within 18 hours; or

 

                (b)    frozen immediately and held at a temperature of -26oC or lower until it is processed further.

 

22   Protective hand coverings worn by employees in any processing area shall be disinfected immediately after each break during the work shift.

 

23   (1)    Employees engaged in fish processing operations shall wear coveralls, smocks or coats, and headgear of a type approved by the Minister.

 

       (2)    Protective outer garments worn by employees in fish processing operations shall be clean.

 

24   (1)    Utensils that come in contact with fish before it is canned shall be cleaned and disinfected at least once during and at the end of each work shift by a method approved by the Minister.

 

       (2)    At the end of each working day, the utensils referred to in subsection (1) shall be air-dried and stored in a sanitary manner.

 

25   Equipment, including conveyor belts and tables, that come in contact with fish before it is canned, shall be cleaned and disinfected at the end of each work shift by a method approved by the Minister.

 

26   Floors in wet working areas shall be kept clean and shall be thoroughly washed and disinfected daily.

 

27   Canneries and all equipment and utensils used in the operations of a cannery shall be kept in good repair and in a clean and sanitary condition.


Part III - Salted or Dried Fish Establishments

 

28   Employees engaged in fish processing operations shall wear clean outer garments and headgear of a type approved by the Minister.

 

29   Workers in wet working areas shall wear waterproof aprons, coats or pants.

 

30   Floors in all working areas shall be kept clean at all times.

 

31   Adequate storage space for packaging material for salted or dried fish shall be provided.

 

32   Salt used for curing fish shall be stored in a location approved by an inspector.

 

33   Processed fish shall be stored in a location approved by an inspector.

 

34   Salted or dried fish establishments and all equipment and utensils used in the operations of such establishments shall be kept in good repair and in a clean and sanitary condition.


Part IV - Fresh or Frozen Fish or Semi-Preserves Processing Establishments

 

35   (1)    Round or dressed fish shall be adequately washed prior to further processing.

 

       (2)    When lobster meat or crabmeat has been shucked, it shall be washed in cold running water before it is processed further.

 

36   Only clean ice made of water from a source approved by the Minister may be used in a fresh fish, frozen fish or semi-preserves establishment.

 

37   Vats in which shellfish or crustaceans are boiled shall be drained and cleaned at intervals of 2 hours or at such shorter intervals as may be deemed necessary by an inspector.

 

38   Shellfish and crustaceans shall be removed from the cooking vats immediately after they have been cooked.

 

39   When a batch of lobster, crab or shrimp has been cooked, it shall be cooled immediately in clean, cold water and, if further processing does not commence within 1 hour, it shall be

 

                (a)    rapidly chilled and stored at a temperature between 0oC and 2oC and processed within 18 hours; or

 

                (b)    frozen immediately and held at a temperature of -26oC or lower until it is processed further.

 

40   Protective hand coverings worn by employees in the filleting and packaging areas shall be disinfected at each break during the work shift.

 

41   (1)    Employees engaged in fish processing operations, except filleters, skinners, scalers, handlers of round and dressed fish and workers in frozen storage rooms shall wear clean coveralls, smocks or coats, and headgear of a type approved by the Minister.

 

       (2)    Filleters, skinners, scalers and handlers of round and dressed fish shall wear clean outer garments, and headgear of a type approved by the Minister.

 

       (3)    Workers in frozen storage rooms shall wear clean outer garments.

 

42   Floors in wet working areas shall be kept clean and shall be thoroughly washed and disinfected daily.

 

43   (1)    Utensils that come in contact with fish that is being processed, other than packaged fish, shall be cleaned and disinfected at least once during and at the end of each work shift by a method approved by the Minister.

 

       (2)    At the end of each working day, the utensils referred to in subsection (1) shall be air-dried and stored in a sanitary manner.

 

44   Equipment, including conveyor belts and tables, that come in contact with fish that is being processed, other than packaged fish, shall be cleaned and disinfected at the end of each work shift by a method approved by the Minister.

 

45   Fresh fish, frozen fish or semi-preserves establishments and all equipment and utensils used in the operations of such establishments shall be kept in good repair and in a clean and sanitary condition.


Part V - Pickled, Spiced and Marinated Fish Establishments

 

46   Round or dressed fish, where required by the particular type of cure, shall be adequately washed prior to further processing.

 

47   All curing ingredients shall be thoroughly mixed and evenly distributed throughout the fish at the time of preparation.

 

48   Fish in the process of being cured shall be protected from freezing or overheating.

 

49   Only clean ice made of water from a source approved by the Minister may be used in a pickled, spiced and marinated fish establishment.

 

50   Protective hand coverings worn by employees in the dressing, filleting and packaging areas shall be disinfected at each break during the work shift.

 

51   Employees engaged in a fish processing operation shall wear clean outer garments and headgear of a type approved by the Minister.

 

52   All floors shall be kept clean and floors in wet working areas shall be thoroughly washed at intervals of 2 hours or at such shorter intervals as may be deemed necessary by an inspector.

 

53   (1)    Utensils that come in contact with fish that is being processed, other than packaged fish, shall be cleaned and disinfected at least once during and at the end of each work shift by a method approved by the Minister.

 

       (2)    At the end of each working day, the utensils referred to in subsection (1) shall be air-dried and stored in a sanitary manner.

 

54   Equipment, including filleting machines, conveyor belts and tables, that comes in contact with fish that is being processed, other than packaged fish, shall be cleaned and disinfected at intervals of 2 hours or at such shorter intervals as may be deemed necessary by an inspector.

 

55   Pickled, spiced and marinated fish establishments and all equipment and utensils used in the operations of such establishments shall be kept in good repair and in a clean and sanitary condition.



Schedule III - Requirements for Vessels used for Fishing

or Transporting Fish for Processing

 

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.

 

2     Subject to item 3, fish and ice storage areas shall

 

                (a)    be constructed of non-absorbent, non-corrodible materials other than wood, and have all surfaces which come in contact with fish, smooth and free from cracks and crevices;

 

                (b)    be constructed so as to facilitate cleaning; and

 

                (c)    when necessary, to prevent physical damage to fish, be divided into pens which shall be shelved vertically at intervals of 90 cm or less.

 

3     In the case of vessels built prior to September 15, 1982 and vessels having no below deck storage areas, built-in fish and ice storage areas shall be so constructed as to preclude physical damage to the fish and may be of wood, if the surfaces are smooth, free from cracks and crevices and coated with a durable, light coloured paint or coating of a type approved by the Minister.

 

4     Boxes for fish other than live shellfish shall be of smooth, non-absorbent, non-corrodible material, other than wood, free from cracks and crevices, and so constructed as to provide drainage and protect the fish from damage.

 

5     Fresh fish storage areas shall be separated from engine compartments and other heated areas of a vessel by watertight, insulated bulkheads and wall surfaces, bulkheads and deckheads in frozen storage areas of a vessel shall be well insulated.

 

6     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.

 

7     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.

 

8     Fish, while on board a vessel used for fishing or transporting fish, shall be

 

                (a)    preserved by the use of finely divided ice sufficient to reduce and hold the temperature at 4oC 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 Minister may approve.

 

9     Where chilled water systems are installed on a vessel, such systems shall be of materials approved by the Minister, be constructed to facilitate proper cleaning and be capable of holding fish at -1oC.

 

10   Freezing facilities on a vessel shall be capable of freezing the daily catch of fish at a rate equivalent to at least the freezing rate of a 25mm thick block of fish when the temperature of the thermal centre is reduced from 0oC to -20oC in two hours or less.

 

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 -20oC 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 -20oC 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 -12oC before the fish can be removed from the freezer to the cold storage area.

 

13   After freezing, fish on board a vessel shall be glazed or packaged to protect it against dehydration and oxidation.

 

14   Storage areas in which frozen fish is held on board a vessel shall be maintained at a temperature of -26oC or lower.

 

15   At least once daily, fish receiving areas and all equipment, containers and utensils used in the handling of fish on board a vessel shall be thoroughly cleaned with water from a source approved by a fish inspection laboratory and disinfected.

 

16   Following the discharge of fish from a vessel, all equipment and utensils used in the handling of fish and the storage areas, chilled water system, fish containers, penboards and shelfboards shall be forthwith thoroughly cleaned with water from a source approved by a fish inspection laboratory and disinfected.

 

17   A storage record of the fish catch shall be kept on all fishing vessels and the identity of each day's catch shall be maintained.

 

18   Handwashing and marine type toilet facilities shall be provided on vessels 13.7 m or more in overall length that have sleeping accommodation and shall be maintained in a clean and sanitary condition.


Schedule IV - Requirements for Establishments Storing Frozen Fish

 

1     Rooms in which frozen fish is stored shall be maintained at a temperature of -26oC or colder.

 

2     (1)    Each storage room shall be equipped with an accurate thermometer or other temperature measuring device that is located in such a place that it indicates the average air temperature of the room.

 

       (2)    Temperatures in a storage room shall be read, recorded and dated at least once each day and a record of such temperatures shall be maintained for a period of not less than 12 months.

 

3     Frozen fish shall be protected to minimize rises in the temperature of the fish when it is outside a refrigerated area.

 

4     No odoriferous substance shall be stored with fish in holding or storage rooms.


Schedule V - Requirements for Vehicles and Equipment

used for Unloading, Handling, Holding and Transporting

Fresh Fish for Processing

 

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 Minister 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.

 

6     Water used for unloading, washing or transporting fish shall be clean and obtained from a source approved by a fish inspection laboratory.

 

7     Offal and other refuse shall be disposed of in a manner satisfactory to an inspector.

 

8     Areas where fish is landed or handled and all surfaces that come into contact with fish during unloading, handling, holding and transportation shall be maintained in a clean and sanitary condition.


Schedule VI - Requirements for Handling and Identification

of Shucked Molluscs

 

1     All shucked molluscs shall be packed in containers of a type approved in writing by the Minister.

 

2     Every container of shucked molluscs or any wrapper or label thereon shall be correctly and legibly marked to indicate

 

                (a)    the common name of the mollusc;

 

                (b)    the contents of the container in terms of weight, fluid measure, or number of meats, or the requirement that the contents of the container are to be weighed at the time of retail sale;

 

                (c)    the identification of the licensed establishment that distributes the packaged molluscs;

 

                (d)    the shellfish area number, as set out in Schedule “VIII” of the Nova Scotia Fishery Regulations, of the Consolidated Regulations of Canada 1978, Chapter 848, where the molluscs were harvested;

 

                (e)    a code identifying the location of the place where the molluscs were shucked;

 

                (f)    the date on which the molluscs were shucked;

 

                (g)    where there is more than one ingredient, a list of all ingredients.

 

3     Molluscs shall be kept adequately iced or chilled and protected from contamination at all times.

 

4     Only clean ice made of water from a source approved by the Minister may be used in contact with molluscs.

 

5     Frozen molluscs that have been thawed shall not be refrozen and shall be marked “Previously Frozen”.

 

6     Equipment and utensils used in the operation of an establishment that distributes fresh shucked molluscs shall be kept in good repair and in a clean and sanitary condition.

 

7     The owner of an establishment for which a fish processing licence for molluscs has been issued or any person acting on his behalf, shall, at the request of the Minister, furnish a true return covering any period specified by the Minister containing any of the following particulars:

 

                (a)    all purchases from harvesters or shuckers including name and address of seller, date of sale, harvest area, and type and quantity of molluscs;

 

                (b)    all molluscs received on consignment including name and address of consignee, date received, harvest area and type and quantity of molluscs;

 

                (c)    date that molluscs were shucked;

 

                (d)    date that molluscs were packed;

 

                (e)    the name and address of persons to whom the molluscs have been sold;

 

                (f)    such other details as may be required by the Minister.

 

8     Records covering shipment of fresh molluscs shall be retained for a minimum of 90 days.

 

9     The requirements specified in this Schedule do not apply to scallops or cephalopods.

Schedule VI added: O.I.C. 86-248, N.S. Reg. 41/86