Fish Inspection Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._802/FullText.html

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Fish Inspection Regulations

C.R.C., c. 802FISH INSPECTION ACT
Regulations Respecting The Inspection of Processed Fish and Processing EstablishmentsShort Title

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

Interpretation

2 In these Regulations,

Act
Act means the Fish Inspection Act; (Loi)
additive
additive means a food additive as defined in section B.01.001 of the Food and Drug Regulations; (additif)
Agency
Agency means the Canadian Food Inspection Agency established pursuant to section 3 of the Canadian Food Inspection Agency Act; (Agence)
bloaters
bloaters means salted, smoked, round herring; (bouffis)
bloater fillets
bloater fillets means fillets of salted, smoked, round herring; (filets de bouffis)
breaded fish
breaded fish means fish or fish flesh that is coated with batter and breading; (poisson pané)
brine
brine means a solution of common salt (sodium chloride) and fresh water, or sea water with or without the addition of salt; (saumure)
can
can means any hermetically sealed container; (boîte)
Canadian Shellfish Sanitation Program Manual
Canadian Shellfish Sanitation Program Manual 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)
canned fish
canned fish means any fish that is sealed in a can and is sterilized; (conserve de poisson)
cannery
cannery means an establishment where canned fish is produced for human consumption; (conserverie)
certificate of registration
certificate of registration means a certificate issued in accordance with subsection 15(6); (certificat d’agrément)
chicken haddie
chicken haddie 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)
comminuted fish
comminuted fish[Repealed, SOR/82-845, s. 1]
conveyance
conveyance means any vessel, aircraft, train, motor vehicle, cargo container, trailer or other means of transportation of fish or containers of fish; (véhicule)
corrective action
corrective action 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)
critical control point
critical control point 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)
critical limit
critical limit means the maximum or minimum value to which a hazard must be controlled at a critical control point; (limite critique)
crustaceans
crustaceans means all species of the class Crustacea; (crustacés)
decomposed
decomposed, with respect to fish, means fish that has an offensive or objectionable odour, flavour, colour, texture or substance associated with spoilage; (pourri)
Department
Department[Repealed, SOR/2000-184, s. 58]
drained weight
drained weight 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)
echinoderms
echinoderms means all species of the phylum Echinodermata; (échinodermes)
export
export means ship from Canada to any other country or from any province to any other province; (exporter)
Facilities Manual
Facilities Manual means the Facilities Inspection Manual published by the Department of Fisheries and Oceans in 1988, as amended from time to time; (Manuel des installations)
filler

filler means

(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)

fillets

fillets means

(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)

finfish
finfish[Repealed, SOR/2009-314, s. 1]
fish export licence
fish export licence means a licence issued under section 15.1; (permis d’exportation de poisson)
fisher-packer

fisher-packer 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)

fish import licence
fish import licence means a licence issued in accordance with subsection 6.1(1); (permis d’importationde poisson)
HACCP plan
HACCP plan 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)
hazard
hazard 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)
herring
herring means fish of the species Clupea harengus or Clupea pallasii; (hareng)
high risk products
high risk products means products that, if not properly prepared or processed, may pose a serious risk to human health and safety; (produits à haut risque)
import
import means ship into Canada from any other country, or into any province from any other province; (importer)
import licence
import licence means a fish import licence or quality management program import licence issued in accordance with these Regulations; (permis d’importation)
Inspection Manual
Inspection Manual 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)
lobster cocktail
lobster cocktail means lobster canned in combination with cod, haddock, hake or cusk or any combination thereof; (coquetel au homard)
lot
lot 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)
mandatory inspection list
mandatory inspection list[Repealed, SOR/96-364, s. 1]
mechanical screening
mechanical screening means a mechanical process by which cans of fish are inspected to ensure that hermetic seals are properly formed;(tri mécanique)
minced fish
minced fish means particles of fish flesh that have been separated from clean sound fish material free from internal organs, heads, and discoloured flesh; (poisson haché)
net weight
net weight, 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)
overall length
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; (longueur hors tout)
prerequisite program plan

prerequisite program plan 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)

process authority
process authority 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)
processing
processing[Repealed, SOR/92-75, s. 1]
processing area
processing area 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)
process operation

process operation 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)

producer
producer means the last person who processed fish prior to its importation into Canada; (producteur)
product description

product description 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)

product preservation process
product preservation process 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)
quality management program
quality management program 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)
quality management program import licence
quality management program import licence means a licence issued in accordance with subsection 6.1(1.1); (permis d’importation avec programme de gestion de la qualité)
ready-to-eat fish
ready-to-eat fish 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)
registered establishment
registered establishment 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)
registration certificate
registration certificate[Repealed, SOR/99-169, s. 1]
regulatory action point plan

regulatory action point plan 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)

sanitation program
sanitation program 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)
semi-preserves
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 for a minimum of six months by means of refrigeration without freezing; (semi-conserve)
serious contamination
serious contamination 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)
shellfish
shellfish 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)
shrimp cocktail
shrimp cocktail means shrimp meat packed with sauce, spices, seasonings or flavourings or any combination thereof; (coquetel de crevettes)
sterilized
sterilized, with respect to canned fish, means fish that has been treated with heat to prevent spoilage and to destroy all pathogenic organisms; (stérilisé)
support area

support area 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)

tainted
tainted, with respect to fish, means fish that is rancid or has an abnormal odour or flavour; (gâté)
tomalley
tomalley means an edible by-product of lobster, the ingredients of which have not been ground to a smooth consistency; (tomalli)
unwholesome
unwholesome, 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)
whitefish
whitefish 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;
SOR/2009-314, s. 1;
SOR/2012-286, s. 3(F).

Previous Version

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 subsections (3) and 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,

(iii) the food is processed in an establishment registered in accordance with the Meat Inspection Regulations, 1990 or a foreign establishment authorized to export meat products to Canada in accordance with those Regulations, and
(iv) the fish product used in the preparation of the food originates from an establishment registered in accordance with these Regulations or the fish product has been imported into Canada in compliance with these Regulations.

(3) Section 9.1 applies to fish that has been caught in accordance with a recreational or sport fishing licence issued under the Fisheries Act and that is to be exported for personal consumption or use to an importing country that requires that the fish be accompanied by an inspection certificate issued by the exporting country.

SOR/86-213, s. 2;
SOR/98-2, s. 2;
SOR/2002-435, s. 1;
SOR/2009-314, s. 2.

Previous Version

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.

SOR/2002-435, s. 2.

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.

(2) No person shall import into Canada or attempt to import into Canada any fish unless

(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.

(2.1) The notification referred to in paragraph (2)(e) shall set out, in respect of each shipment of fish imported or to be imported into Canada and each type of fish contained in that shipment,

(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.

(2.2) Subject to subsection (2.3), no person shall move or attempt to move fish that has been imported into Canada from the place indicated in the notification referred to in paragraph (2)(e) unless

(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.

(2.3) A person may, with the permission of an inspector, move fish that has been imported into Canada from the place indicated in the notification referred to in subsection (2)(e) to a place specified by the inspector.
(3) No person shall import into Canada or attempt to import into Canada any canned fish unless the cans are embossed or otherwise permanently marked in a code that identifies the name of the establishment and day, month and year of processing.

(4) No person shall import into Canada or attempt to import into Canada any of the following species:

(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.

SOR/98-2, s. 4.

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.

(2) An import licence is not assignable and expires one year after the date of issue indicated on the licence.

(3) An importer of fish shall maintain, at an address in Canada and for not less than three years, a record in English or French of

(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;

(d) with respect to ready-to-eat fish,

(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

(e) if the importer is the holder of a quality management program import licence,

(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,

(viii) in respect of ingredients and additives,

(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,

(ix) in respect of packaging materials,

(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,

(x) in respect of labels used on packaged fish, all the labels from products that are imported, the means by which the importer reviews labels to ensure their compliance, and documentation that clearly establishes that the labels meet all applicable requirements of any Act of Parliament,
(xi) in respect of fish shipped by an importer, a description of the system used to trace fish to its first destination, and
(xii) in respect of any person responsible for any aspect of the quality management program for the importer, evidence of their training or qualifications in fish or food processing or quality control.

(3.1) Paragraphs (3)(c) and (d) do not apply to fish imported from a country with which Canada has entered into a agreement regarding the import and export of fish if the agreement contains provisions by which Canada

(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.

(3.2) The holder of a quality management import licence shall send to the Agency at least every 6 months a listing of all evaluations conducted on products and the results obtained in a form acceptable to the Agency.

(4) The holder of a quality management program import licence shall

(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.

(2) Where the President of the Agency has suspended or revoked an import licence pursuant to subsection (1), the importer may, within 60 days after that suspension or revocation, request in writing the President of the Agency to determine whether the licence should be reinstated.
(3) The importer shall pay the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice for each inspection that is carried out in the course of a determination under subsection (2).
(4) The determination referred to in subsection (2) is final.

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]
TABLE

Item
Type of Inspection

1
Sensory evaluation

2
Net content determination

3
Label evaluation

4
Container integrity evaluation

5
Fish content of battered or breaded products

6
Histamine

7
E. Coli

8
Faecal coliforms

9
Listeria monocytogenes

10

Salmonella species

11
Standard plate count

12
Staph. Aureus

13

Vibrio species

14
Electrophoresis species identification

15
Food additives

16
Sodium and potassium

17
Heavy metals, other than mercury

18
Mercury

19
Moisture content

20
Pesticides and PCBs

21
Salt content

22
Marine toxins

23
Drug residues

24
pH

25
Water activity

26
Sterility

27
Quality indices

28
Tuna colour

SOR/96-364, s. 3;
SOR/98-2, s. 9;
SOR/2002-124, s. 5.

6.6 No person who is the holder of a quality management import licence shall use a laboratory for the purpose of implementing and complying with their quality management program unless it has been recognized by the President of the Agency as being competent to conduct those services or has been accredited by the Standards Council of Canada.

SOR/98-2, s. 10;
SOR/2009-314, s. 3(E).

Previous Version

7 Unless otherwise permitted by the President of the Agency, fish shall be packed in new, clean, sound containers.
SOR/2000-184, s. 59.

8 (1) For the purpose of preserving the identity of any fish, an inspector may detain the fish 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.
(4.1) 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.
(5) 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.

SOR/80-65, s. 1.

9 (1) Subject to section 9.1, if a person requests an inspection certificate for fish, an inspector shall

(a) if the person operates a registered establishment and the fish was processed in that establishment, evaluate, based on a review of the establishment’s compliance with its quality management program, the Act and these Regulations, whether an inspection of the fish is required and, if it is required, inspect the fish;
(a.1) if the person holds a fish export licence, evaluate, based on a review of the person’s compliance with the conditions of the licence, the Act and these Regulations, whether an inspection of the fish is required and, if it is required, inspect the fish; and
(b) in any other case, inspect the fish.

(2) An inspector shall issue an inspection certificate for fish where

(a) the inspector determines that an inspection of the fish is not required; or
(b) the inspector determines, following an inspection of the fish, that the fish meets the requirements of the Act and these Regulations.

(3) A person who requests an inspection certificate for fish shall pay the applicable inspection service fee fixed by the Canadian Food Inspection Agency Fees Notice.
(4) [Repealed, SOR/2002-124, s. 6]

SOR/96-364, s. 4;
SOR/2002-124, s. 6;
SOR/2009-314, s. 4.

Previous Version

9.1 If an inspection certificate is requested for fish that has been caught in accordance with a recreational or sport fishing licence issued under the Fisheries Act and that is to be exported for personal consumption or use to an importing country that requires that the fish be accompanied by an inspection certificate issued by the exporting country, an inspector shall issue the inspection certificate for the fish if

(a) the fish was not prepared for export in a registered establishment or by a person who holds a fish export licence; and

(b) the applicant provides the following information and documents:

(i) a copy of the fishing licence or the fishing licence number,
(ii) a description of the fish, including the species of the fish and its weight,
(iii) the date on which the fish was caught,
(iv) the business name and address of the establishment where the fish was prepared for export or the name and address of the person who prepared the fish for export, and
(v) evidence to substantiate that the fish was eviscerated and packaged under sanitary conditions.

SOR/2009-314, s. 5.

10 (1) Where a person interested in a decision of an inspector in respect of any inspection, grading, marking or other matter under Part I of the Act or these Regulations is not satisfied with that decision, the person may, within 30 days after such decision, by notice in writing, appeal the decision to the President of the Agency who shall, subject to section 11, order a reinspection.
(2) Where a reinspection is made pursuant to subsection (1) and the President of the Agency makes a decision as a result thereof, that decision shall be final.

SOR/88-265, s. 4;
SOR/2000-184, s. 59.

10.1 A person who appeals a decision under subsection 10(1) shall pay the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice for any of the following types of reinspection that is ordered under that subsection:

(a) sensory evaluation;
(b) net content determination;
(c) label evaluation;
(d) container integrity evaluation;
(e) fish content of battered or breaded product;
(f) histamine;
(g) electrophoresis species identification;
(h) food additives;
(i) sodium and potassium;
(j) moisture content;
(k) salt content;
(l) pH;
(m) quality indices;
(n) water activity; and
(o) tuna colour.

SOR/86-213, s. 5;
SOR/87-277, s. 2;
SOR/88-265, s. 4;
SOR/90-773, s. 4;
SOR/96-364, s. 5;
SOR/2002-124, s. 7.

11 A reinspection shall not be ordered pursuant to subsection 10(1) where

(a) the identity of the fish or containers of fish in dispute has not been preserved;
(b) the request for reinspection was not made within 30 days after the disputed inspection;
(c) the fish or containers of fish have in or upon them any poisonous or harmful substance; or
(d) the fish or containers of fish have been previously reinspected.

SOR/86-213, s. 6;
SOR/88-265, s. 5.

12 Where an inspector has reasonable grounds to believe that fish has deteriorated after the date on which it was inspected or that it otherwise fails to meet the requirements of these Regulations, he may again inspect such fish.

12.1 [Repealed, SOR/98-2, s. 11]

13 (1) Where an inspection is made under section 12 and the fish is found not to be of the grade marked on the container, any inspection marks and quality designations on the container shall be removed or obliterated and any inspection certificate that may have been issued for the fish is void.
(2) No person shall use an inspection certificate if he knows that the certificate is void.

14 (1) For the purposes of this section, processing does not include

(a) the washing, icing or boxing of live, whole or dressed unfrozen fish other than

(i) shellfish and echinoderms,
(ii) fish raised in an aquaculture operation, or
(iii) crustaceans, excluding live lobster or live crab;

(b) the freezing on board a vessel of whole or dressed fish that are destined for further processing in a registered establishment, other than shellfish, echinoderms or crustaceans, excluding shrimp;
(c) the shucking of scallops to remove adductor muscles with or without roe attached, if carried out on board a vessel;
(d) the evisceration of whole unfrozen fish or the salting or pickling of whole, split or dressed unfrozen fish, by fisher-packers, other than shellfish, echinoderms or crustaceans; or
(e) actions taken by fishers or processors at the time or point of catching, unloading, handling, holding or transporting fish to preserve its quality and safety before delivery to a registered establishment for the purpose of processing, storage or inspection before export, if those actions are taken in accordance with these Regulations.

(2) Any person who processes or stores fish for export must do so in a registered establishment unless the person holds a fish export licence.

(3) No person shall export fish unless

(a) all the processing and storage of the fish is carried out in a registered establishment; or
(b) the person holds a fish export licence.

(4) Subsection (3) does not apply in respect of

(a) fish that are imported into Canada by a holder of an import licence and that are intended for direct sale to consumers without further processing; or
(b) final products that are produced in a registered establishment and that, before being marketed, exported or made available to consumers, are temporarily stored in a cold-storage warehouse or other location that is not a registered establishment.

SOR/89-218, s. 1;
SOR/92-75, s. 2(F);
SOR/94-58, s. 1;
SOR/99-169, s. 3;
SOR/2009-314, s. 6.

Previous Version

14.1 No person shall operate a registered establishment unless it meets the requirements of these Regulations.
SOR/99-169, s. 3.

14.2 No person shall, unless they have job experience or qualifications that meet the applicable requirements set out in the Facilities Manual,

(a) perform or supervise a product preservation process; or
(b) supervise the development or implementation of a quality management program.

SOR/99-169, s. 3.

14.3 No person shall use a vessel for fishing or for transporting fish unless the vessel meets the applicable requirements of Schedule III.
SOR/99-169, s. 3.

14.4 If the President of the Agency, in writing, informs a fisher-packer who carries out an activity described in paragraph 14(1)(d) that there is serious contamination in the place where the activity is carried out, whether on board the vessel or onshore in the establishment where that activity is carried out, no person shall

(a) process any fish on board that vessel or onshore in that establishment; or
(b) export or attempt to export any fish that has been processed on board that vessel or in that establishment.

SOR/99-169, s. 3;
SOR/2009-314, s. 7.

Previous Version

14.5 [Repealed, SOR/2009-314, s. 8]
Previous Version

15 (1) An application for a certificate of registration for an establishment shall be made to the President of the Agency, be accompanied by the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice and, subject to subsection (2), contain

(a) the full business name, business address and business telephone number of the applicant and, if applicable, the full names of partners or officers of the company;
(b) a description of the types of process operations intended to be conducted;
(c) the types of fish products intended to be produced, stored or exported;
(d) a product description of each type of fish product intended to be produced, stored or exported;
(e) a process flow diagram that identifies each step in the process operation for each type of fish product; and
(f) a detailed diagram of the establishment.

(2) The applicant is not required to include in the application the information referred to in paragraphs (1)(c) to (f) if the applicant has previously provided the President of the Agency with that information, there has been no change to the information and there is a mention to that effect in the application.
(3) to (5) [Repealed, SOR/2002-124, s. 8]

(6) The President of the Agency shall issue a certificate of registration to an establishment if

(a) the establishment and its processing and support areas meet the requirements set out in Schedules I and II;
(b) the establishment is free from serious contamination;
(c) the applicant has a quality management program that meets the requirements of subsection (8) in respect of the processing, storing or exporting of fish; and
(d) the President of the Agency has no reasonable grounds to believe that the applicant will not comply with the Act or these Regulations.

(7) Despite subsection (6), the President of the Agency shall issue a certificate of registration to an establishment that is a food processing facility if all of the following conditions are met:

(a) it is registered in accordance with regulations made under the Meat Inspection Act or the Canada Agricultural Products Act or any other Act of Parliament;
(b) the establishment has a food inspection and control program that is equivalent to a quality management program;
(c) the requirements set out in subsection (1) and paragraphs (6)(a), (b) and (d) are met.

(8) A quality management program referred to in paragraph (6)(c) for use in an establishment shall

(a) comprise

(i) a prerequisite program plan,
(ii) a regulatory action point plan,
(iii) a hazard analysis that identifies each hazard that is likely to occur for each type of fish product intended to be produced in each process operation,
(iv) if the hazard analysis has identified hazards, a HACCP plan in which all critical control points, critical limits, monitoring procedures used at critical control points, frequencies of monitoring procedures and corrective actions are specified, and
(v) a sanitation program that includes requirements regarding the protective clothing to be worn by employees for the tasks they perform;

(b) meet the applicable requirements set out in the Facilities Manual; and
(c) if the applicant intends to conduct a shellfish process operation, meet the applicable requirements set out in the Canadian Shellfish Sanitation Program Manual.

(9) An operator of a registered establishment shall

(a) comply with all the applicable provisions of the Act and these Regulations;
(b) implement and comply with the quality management program;
(c) adhere to all the conditions of the certificate of registration;
(d) ensure that the establishment’s quality management program meets the applicable requirements set out in the Facilities Manual;
(e) in the case of an establishment conducting a shellfish process operation, ensure that the establishment’s quality management program meets the applicable requirements set out in the Canadian Shellfish Sanitation Program Manual;
(f) on request of an inspector, make available to an inspector in a readily accessible location a copy of the quality management program and all records of, and amendments to, the quality management program; and
(g) conduct a review of the quality management program each time it is found to be not in compliance with subsection (8) and, in any case, at least once per year.

(10) An operator of a registered establishment shall maintain, at an address in Canada and for not less than three years, a record in English or French of

(a) the name, business address, business telephone number and title of the person responsible for the quality management program at the establishment;
(b) the location of all files and records in respect of the quality management program;

(c) in respect of each critical control point specified in the HACCP plan,

(i) a description of the critical limits, monitoring procedures and verification procedures that are used,
(ii) the frequency of the monitoring and verification procedures,
(iii) samples of the forms that are used during inspections and of the forms that are used to record corrective actions,
(iv) the corrective actions,
(v) the results of every inspection conducted in accordance with monitoring and verification procedures and any corrective actions taken,
(vi) the product preservation processes to be used and, for each process the expected results as specified in the quality management program, and
(vii) the results obtained by each product preservation process;

(d) in respect of shellfish,

(i) the common name of the shellfish,
(ii) the quantity by weight of the shellfish delivered to the establishment,
(iii) the location where the shellfish was harvested,
(iv) the date on which the shellfish was harvested,
(v) the name, address and telephone number of the person who harvested the shellfish,
(vi) the method of transport and the date on which the shellfish was delivered to the establishment, including details of the method and conditions of storage before and after delivery,
(vii) the manner in which, and the date on which, the shellfish was processed in the establishment, and
(viii) the date on which the shellfish was shipped from the establishment and the name and address of the person to whom it was shipped;

(e) in respect of every prerequisite program plan and regulatory action point plan,

(i) a description of the plans and monitoring procedures that are used,
(ii) the frequency of the monitoring procedures, and
(iii) the corrective actions taken;

(f) a description of the system used to trace fish to their first shipping destination;

(g) in respect of each shipment of fish,

(i) the name and address of the person to whom each shipment was sent,
(ii) the type of fish,
(iii) the quantity of fish,
(iv) the method of transportation, including manifest and container numbers or other information that is sufficient to identify or trace the location of the fish,
(v) the date on which the fish was shipped, and
(vi) the date on which the fish was processed;

(h) the date and time when the operator of the registered establishment received information questioning the safety of fish processed or exported by the operator;
(i) if the information referred to in paragraph (h) is validated on investigation, a description of the information, the date and time when it was received, the date and time the information was validated, 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 when the Agency was notified under subsection 6.01(2);
(j) in respect of every person responsible for supervising the development or implementation of the quality management program or performing or supervising a product preservation process, documentary evidence of their training, qualifications or job experience in fish or food processing or quality control; and

(k) a list of all amendments made to the quality management program.

TABLES 1 TO 3[Repealed, SOR/2002-124, s. 8]

SOR/83-110, s. 1;
SOR/92-75, s. 3;
SOR/96-364, s. 7;
SOR/99-169, s. 3;
SOR/2000-317, s. 17;
SOR/2002-124, s. 8;
SOR/2002-437, s. 1(E);
SOR/2009-314, s. 9.

Previous Version

15.1 (1) The President of the Agency, at no charge, shall issue a fish export licence to any person who operates an establishment, other than a registered establishment, authorizing the person to be engaged as a principal or agent in the export of fish if

(a) the person submits an application to the President, on a form provided by the Agency, that contains

(i) the legal name and business name of the applicant, as well as the name, address, telephone number, fax number and email address of the applicant’s establishment that is referred to in the application,
(ii) a detailed diagram of the establishment,
(iii) a description of the activities to be carried out at the establishment,
(iv) a description of the controls to be implemented to ensure compliance with the Act and these Regulations, and
(v) a declaration from the applicant confirming that the information provided in subparagraphs (i) to (iv) is complete and true;

(b) it is reasonable to expect that the implementation of those controls will be adequate to maintain compliance with the Act and these Regulations in the establishment;
(c) the establishment is free from serious contamination; and
(d) the information provided by the applicant is complete and true and there are no reasonable grounds to believe that the applicant will not comply with the Act and these Regulations.

(2) The applicant is not required to include in the application the information referred to in subparagraphs (1)(a)(ii) and (iv) if the applicant has previously provided the President of the Agency with that information, there has been no change to the information and there is a mention to that effect in the application.

SOR/99-169, s. 3;
SOR/2002-437, s. 2;
SOR/2009-314, s. 10.

Previous Version

16 A certificate of registration or fish export licence is not assignable and expires one year after the date of issuance indicated on it.

SOR/92-75, s. 3;
SOR/96-364, s. 8;
SOR/99-169, s. 3.

16.1 (1) The President of the Agency may, on application by an operator of a registered establishment or the holder of a fish export licence, amend a certificate of registration or a fish export licence if every applicable requirement of these Regulations is met, including the payment of the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice.
(2) The expiry date of an amended certificate of registration or fish export licence is the date indicated on the original certificate or licence.

SOR/99-169, s. 3;
SOR/2002-124, s. 9.

16.2 (1) The President of the Agency may, on application by an operator of a registered establishment, inactivate the certificate of registration, if all applicable fees fixed by the Canadian Food Inspection Agency Fees Notice have been paid in respect of it.
(2) The operator of a registered establishment in respect of which a certificate of registration has been inactivated shall not process any fish for export.
(3) The President of the Agency may, on application by the operator of a registered establishment, reactivate the certificate of registration if an inspector has determined that the establishment meets the conditions of the certificate, the applicable requirements of the Act and these Regulations.

SOR/99-169, s. 3;
SOR/2002-124, s. 10.

16.3 A certificate of registration or fish export licence is void on the day that any of the following occur:

(a) effective control or effective direction of the registered establishment or of the business of the holder of the fish export licence is transferred to the control or direction of any other person, body corporate, partnership, cooperative, association, trustee, executor or legal representative;
(b) the registered establishment or the establishment, equipment or conveyance of the holder of a fish export licence is destroyed or damaged to an extent that the processing or the conduct of operations without a risk of serious contamination is determined by an inspector not to be possible;
(c) the operator of the registered establishment or the holder of a fish export licence is subject to a receivership or makes an assignment in bankruptcy; or
(d) the operator of the registered establishment or the holder of a fish export licence ceases to operate the registered establishment or its business or surrenders the certificate of registration or fish export licence.

SOR/99-169, s. 3.

16.4 (1) The President of the Agency may, on application, issue a temporary certificate of registration in respect of an establishment whose operator is subject to a receivership or has made an assignment in bankruptcy if all of the following conditions are met:

(a) the applicant for the certificate is the authorized receiver or trustee in bankruptcy of the operator of the establishment;
(b) the application contains the information required by subsection 15(1); and
(c) the establishment meets the requirements of the Act and these Regulations.

(2) A temporary certificate of registration expires on the earlier of

(a) 240 days from its date of issue, or
(b) the day stated on the temporary certificate or on any amendments made thereto.

(3) No fees are payable in respect of the application for, or the issuance of a temporary certificate of registration.

SOR/99-169, s. 3;
SOR/2009-314, s. 11(E).

Previous Version

16.5 The President of the Agency may revoke a certificate of registration or a fish export licence if an inspector, using all reasonable means, cannot contact the operator of the registered establishment or the holder of the licence for a period of 90 days.
SOR/99-169, s. 3.

17 (1) The President of the Agency may suspend, revoke or refuse to issue a certificate of registration or a fish export licence if

(a) the President has reasonable grounds to believe that the operator of a registered establishment, the holder of the licence or the applicant has provided false information to the President for the purpose of obtaining a certificate or licence;
(b) the registered establishment or the establishment, equipment or conveyances of the holder of the licence are not free from serious contamination;
(c) the establishment is not operated in accordance with the quality management program;
(d) the operator of the registered establishment or the holder of the licence has failed to comply with the requirements of section 6.01; or
(e) the operator of the registered establishment, the holder of the licence or the applicant otherwise fails to comply with these Regulations or a condition of the certificate or licence or fails to pay the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice.

(2) If a certificate of registration has been suspended or revoked, the operator of the registered establishment may, within 30 days after the suspension or revocation, request in writing that the President of the Agency determine whether the certificate should be reinstated.
(3) The fee payable for each inspection that is carried out for the purpose of determining whether a certificate of registration should be reinstated is the amount fixed by the Canadian Food Inspection Agency Fees Notice.
(4) A determination referred to in subsection (2) is final.

SOR/92-75, s. 3;
SOR/96-364, s. 9;
SOR/99-169, s. 3;
SOR/2002-124, s. 11.

17.1 Any person who requests an inspection, other than an inspection referred to in subsection 17(3), to determine whether his or her establishment meets the applicable requirements of Schedule I or a quality management program, shall pay the applicable fee fixed by the Canadian Food Inspection Agency Fees Notice.

SOR/99-169, s. 3;
SOR/2002-124, s. 12.

18 (1) Despite anything in these Regulations and subject to subsection (2), the President of the Agency may, on receiving an application, issue a permit to allow, during the period stated in the permit,

(a) the production or marketing of experimental or test products;
(b) the reworking, reconditioning, processing, culling or salvaging of fish at a registered establishment to enable the fish to meet the applicable requirements of the Act or these Regulations;
(c) the construction or utilization of areas that do not comply with the Act or these Regulations;
(d) equipment that is used in a vessel or an establishment constructed before the coming into force of this section that does not comply with the Act or these Regulations to continue to be used or to operate;
(e) the marketing, possession, use or disposal of tainted, decomposed or unwholesome fish not intended for human consumption;
(f) the re-use of containers or the use of labels that do not meet the applicable requirements of these Regulations;
(g) the labelling of products to accommodate particular cultural communities in Canada;
(h) the importing, exporting or marketing of fish for charitable purposes, international events or national festivities, if the lot size is less than 1 000 kg;
(i) the production and supply of food in a national emergency or for international aid; or
(j) the exporting to another country of fish or containers that do not meet the applicable requirements of the Act or these Regulations.

(2) The President of the Agency may on reasonable grounds refuse to issue a permit if, in the President’s opinion, the issuance of the permit

(a) would result in a risk to public health or safety or otherwise diminish consumer protection;
(b) may result in the marketing to consumers of fish that does not comply with subsection 6(1) or section 27 or the requirements of other countries; or
(c) may damage the reputation of Canada’s fish processing industry.

(3) The President of the Agency may revoke or refuse to issue a permit if

(a) the President has reasonable grounds to believe that the holder of the permit or the applicant has provided false information to the President for the purpose of obtaining the permit; or
(b) the holder of the permit or the applicant has contravened a condition of the permit or a provision of the Act or these Regulations.

SOR/82-829, s. 2;
SOR/99-169, s. 3.



18.1 The President of the Agency may, from time to time, attach any conditions to a registration certificate, licence or permit issued under these Regulations if the President is satisfied that those conditions are necessary to ensure that the import or export of fish complies with these Regulations.
SOR/99-169, s. 3.

19 [Repealed, SOR/99-169, s. 4]

20 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.
SOR/82-829, s. 3.

21 No person shall export, process for export or attempt to process for export any fresh fish unless the unloading, handling, holding and transportation have been conducted in accordance with Schedule V.
SOR/82-829, s. 3.

22 (1) Processed fish shall be protected from contamination and the weather during loading, unloading and transportation.
(2) Fresh fish and semi-preserves, while under the control of a carrier, shall be kept properly chilled.
(3) Frozen fish, while under the control of a carrier, shall be kept refrigerated in such a manner that, when it is delivered to its destination, the temperature of such fish will not have increased more than 5.5°C from the temperature at the time it was loaded.

SOR/81-374, s. 1;
SOR/82-829, s. 4.

23 No person shall

(a) process crabs, lobsters, clams, oysters, mussels or whelks that are not alive; or
(b) pack, sell, export or import clams, oysters, mussels or whelks in any form unless such molluscs are free from shellfish toxin when tested by a method approved by the President of the Agency.

SOR/2000-184, s. 59.

24 No person shall export or import or attempt to export or import cans of fish

(a) that have not been properly sealed;
(b) the tops or bottoms of which have been distorted outwards; or
(c) that are otherwise defective.

24.1 Every person who exports fish from an establishment shall keep a record of the name and address of the person to whom, and the date on which, the fish is shipped from the establishment.
SOR/92-75, s. 4.

PART II Labelling

25 (1) In the case of canned fish, every can of fish or the wrapper or label thereon shall be correctly and legibly marked in English or French, in addition to any other language, to indicate

(a) the common name of the fish;
(b) in the case of fish other than shellfish and crustaceans, the net weight of the contents;
(c) in the case of shellfish and crustaceans, the drained weight of the contents;
(d) the name and address of the person by whom or for whom the fish is processed or by whom it is distributed; and

(e) the ingredients in each can, where there is more than one ingredient therein,

(i) by listing them in descending order of their proportion in the can, or
(ii) by stating the proportion of each ingredient in the can.

(2) The information required pursuant to subsection (1) shall be shown in such a manner that

(a) the common name of the fish and the stated weight thereof appear on the main body or face of the can or on the main panel of the label thereon;

(b) the common name of the fish is shown in letters of equal height and prominence and indicates whether the product has been prepared

(i) by mincing, flaking or other special process,
(ii) from selected parts of fish, or
(iii) for dietetic use; and

(c) the printing used to indicate the weight of fish is not less than 3.2 mm in height.

(3) Where descriptive terms are used in addition to the wording required by subsection (1), such terms shall be printed in letters not less than one-half the height of the letters used for the common name of the fish.

SOR/81-374, s. 2.

26 (1) In the case of fish, other than canned fish, every container or the label thereon shall be correctly and legibly marked in English or French, in addition to any other language, to indicate

(a) the common name of the fish;

(b) the net weight of the fish unless,

(i) in the case of oyster and clam meats that are not frozen, the container or label is marked with a statement of net contents in terms of fluid measure or by count,
(ii) in the case of oysters that are marketed in the shell, the container or label is marked with a statement of the contents in terms of bushels or pecks or by count, or
(iii) in any case not referred to in subparagraph (i) or (ii), the container or label states that the contents are to be weighed at the time of retail sale;

(c) the grade, size, class, count and moisture content as follows:

(i) in the case of pickled fish, with the grade, class and size of the fish,
(ii) [Repealed, SOR/2007-18, s. 1]
(iii) in the case of bloaters, with the grade and count of the fish,
(iv) in the case of bloater fillets, with the grade of the fish,
(v) in the case of frozen Atlantic smelts, with the size of the fish,
(vi) [Repealed, SOR/2007-18, s. 1]
(vii) in the case of Atlantic oysters in the shell, with the shape designation, and
(viii) in the case of dried squid, with the grade designation;

(d) the name and address of the person by whom or for whom the fish is processed or by whom it is distributed;

(e) the ingredients in each container, where there is more than one ingredient therein,

(i) by listing them in descending order of their proportion in the container, or
(ii) by stating the proportion of each ingredient in the container; and

(f) in the case of bivalve molluscs in the shell, the date of processing and the location from which the bivalve molluscs were harvested.

(2) The markings referred to in paragraph (1)(a) to (c) shall be shown on the main panel of every container containing 900 g or less of fish and shall be not less than 3.2 mm in height.
(3) Cartons and cases are exempt from paragraphs (1)(b) to (e) where they contain containers of fish that are marked in accordance with subsections (1) and (2).

SOR/81-374, s. 3;
SOR/83-110, s. 2;
SOR/89-375, s. 1;
SOR/2007-18, s. 1.

Previous Version

27 No person shall package any fish or mark or label any container of fish in a manner that is false, misleading or deceptive.

28 No person shall mark or label any fish or container of fish with the designation “Processed under Government Supervision” or “Canada Inspected” or “Approved for further processing” without the consent of the President of the Agency.
SOR/2000-184, s. 59.

29 No person shall mark or label a container of fish with a quality designation or sell a container of fish that is so marked or labelled unless

(a) a standard for that quality has been specified in these Regulations; and
(b) the fish in that container meets that standard.

30 [Repealed, SOR/99-169, s. 5]

PART III Code Markings

31 (1) Every carton and case in which containers of fish are packed at an establishment shall be legibly marked on one end in such a manner that the name of the establishment and the day, month and year of processing can be determined by an inspector.
(2) Every container in which pickled, spiced or marinated fish are packed at an establishment shall be legibly marked in such a manner that the name of the establishment and the day, month and year of processing can be determined by an inspector.

32 (1) Every can of canned fish that is packed in a registered establishment shall be embossed or otherwise marked in a manner that is visible, permanent and legible with code markings that

(a) identify the establishment;
(b) indicate the day, month and year of processing; and

(c) identify the product contained therein in accordance with the table to this subsection.
TABLE

Product
First letters of code marking

1. Salmon

Blueback

B

Chum

K

Coho

C

Pink

P

Sockeye

S

Spring

T

Steelhead

H

Mixed species of minced salmon

M

2. Lobster

L

3. Tomalley or lobster paste

LT

4. Lobster cocktail

LC

(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.

SOR/99-169, s. 7.

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.
SOR/81-374, s. 4.

36 In the case of canned mackerel or canned mackerel fillets that are packed without the addition of water, brine or vinegar solution, if the drained weight of the product is less than 80 per cent of the declared net quantity, the can or the label on it shall show the drained weight of the product.

SOR/81-374, s. 5;
SOR/2000-184, s. 59;
SOR/2015-78, s. 5.

Previous Version

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.
TABLE

Column I
Column II

1. Oncorhynchus nerka

Sockeye Salmon

Red Sockeye Salmon
Red Salmon

2. Oncorhynchus tschawytscha

Spring Salmon

King Salmon
Chinook Salmon

3. Oncorhynchus kisutch

Coho Salmon

Medium Red Coho Salmon

4. Oncorhynchus gorbuscha

Pink Salmon

5. Oncorhynchus keta

Chum Salmon

Keta Salmon

6. Salmo gairdnerii

Steelhead Salmon

Deep Sea Trout

7. Salmo salar

Salmon

Atlantic Salmon

(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.
SOR/2000-184, s. 59.

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.
TABLE

1

Euthynnus alletteratus (Atlantic little tunny or Atlantic black skipjack)

2

Euthynnus lineatus (little tunny or black skipjack)

3

Euthynnus yaito or Euthynnus affinis (kawakawa or little tuna)

4

Katsuwonus pelamis or Euthynnus pelamis (skipjack)

5

Thunnus albacares or Neothunnus macropterus (yellowfin tuna)

6

Thunnus tonggol or Neothunnus rarus (tonggol tuna or longtailed tuna)

7

Thunnus obesus or Parathunnus mebachi (bigeye tuna)

8

Thunnus atlanticus (blackfin tuna)

9

Thunnus alalunga or Thunnus germo (albacore)

10

Thunnus maccoyii (southern bluefin tuna)

11

Thunnus thynnus orientalis (oriental tuna)

12

Thunnus thynnus thynnus or Thunnus thynnus (Atlantic bluefin tuna)

SOR/90-268, s. 1.

48 The species of fish Sarda Chiliensis or Sarda Lineolata, after it has been canned, shall be designates as “Bonito” or “Bonito Tuna”.

49 In addition to the requirements of section 25, the labels on all cans of tuna shall indicate the colour of the fish flesh in accordance with the following colour classifications:

(a) “White Meat Tuna” or “White Tuna” is canned tuna of the species Thunnus alalunga or Thunnus germo that has a diffuse luminous reflectance of not less than 33.7 per cent that of magnesium oxide;
(b) “Light Meat Tuna” or “Light Tuna” is canned tuna that has a diffuse luminous reflectance of not less than 22.6 per cent that of magnesium oxide when that reflectance is measured by a method prescribed by the President of the Agency; and
(c) “Dark Meat Tuna” or “Dark Tuna” is canned tuna that does not meet the colour requirements of “Light Meat Tuna”.

SOR/90-268, s. 2;
SOR/2000-184, s. 59.

Sardines

50 Only canned fish that are produced from small clupeoid fish may be designated as “sardines”.

PART V Fresh or Frozen Fish

Breaded Fish

51 (1) In this section “fish stick” means a uniform rectangular portion of breaded fish flesh that weighs not less than 25 g and not more than 50 g.

(2) Fish sticks for sale in Canada shall be not less than 10 mm thick and shaped so that the length is not less than three times the greatest width and shall

(a) if cooked, contain a minimum of 60 per cent by weight of fish flesh; and
(b) if uncooked, contain a minimum of 67 per cent by weight of fish flesh.

(3) Uniform rectangular portions of breaded fish flesh for sale in Canada that weigh more than 50 g shall

(a) if cooked, contain a minimum of 66 2/3 per cent by weight of fish flesh; and
(b) if uncooked, contain a minimum of 75 per cent by weight of fish flesh.

(4) Fish sticks and other uniform rectangular portions of breaded fish flesh for sale in Canada that are prepared from minced fish shall have a descriptive term on the container of label thereof, in close proximity to the common name and in letters not less than half the height of the letters in the common name and in any case not less than 1.6 mm in height, declaring that the product is produced from minced fish.

SOR/81-374, s. 7;
SOR/82-845, s. 2.

52 (1) Prepackaged fish and chips for sale in Canada shall contain fish that is batter-coated and when inspected by a method approved by the President of the Agency

(a) the batter-coated fish shall be not less than 45 per cent of the declared weight of the product; and
(b) the fish content of the batter-coated fish shall be not less than 25 per cent of the declared weight of the product.

(2) French-fried potatoes in prepackaged fish and chips referred to in subsection (1) shall be of the grade required by the Processed Products Regulations for french-fried potatoes.

SOR/2000-184, s. 59;
SOR/2002-354, s. 21.

53 Breaded scallops for sale in Canada shall,

(a) if cooked, contain a minimum of 60 per cent by weight of scallop meat; and
(b) if uncooked, contain a minimum of 67.5 per cent by weight of scallop meat.

SOR/83-906, s. 1;
SOR/86-213, s. 8(F).

Lobster Meat

54 Unfrozen lobster meat and frozen lobster meat shall be free from the stomach, intestinal tract, gills, cartilage, shell particles, liver, roe and any other part that is not lobster flesh.

55 (1) [Repealed, SOR/2015-78, s. 6]
(2) Each container of unfrozen lobster meat to which pickle or brine has been added, having the dimensions set out in an item of Column I of the table to this section, shall contain not less than the net weight set out in Column II of the table opposite that item.

(3) Each container of frozen lobster meat to which pickle or brine has been added, having the dimensions set out in an item of Column I of the table to this section, shall contain not less than 95 per cent of the net weight set out in Column II of the table opposite that item.
TABLE

Column I
Column II

Container Dimensions
Net Weight

1.   87.3 × 44.5 (307 × 112)

142 g

2.   87.3 × 46.0 (307 × 113)

142 g

3.  108.0 × 47.6 (404 × 114)

227 g

4.  108.0 × 60.3 (404 × 206)

340 g

5.  108.0 × 61.1 (404 × 206.5)

340 g

6.  108.0 × 139.7 (404 × 508)

907 g

7.  157.2 × 133.4 (603 × 504)

1.70 kg

8.  157.2 × 177.8 (603 × 700)

2.27 kg

SOR/81-374, s. 8;
SOR/2015-78, s. 6.

Previous Version

56 [Repealed, SOR/2015-78, s. 7]
Previous Version

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.
SOR/81-374, s. 9.

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.
SOR/81-374, s. 9.

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.

SOR/81-374, s. 10.

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.
SOR/83-227, s. 1.

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.
SOR/83-227, s. 1.

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.
SOR/2000-184, s. 59.

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.
SOR/2000-184, s. 59.

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.
SOR/2000-184, s. 59.

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.
SOR/99-169, s. 8.

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.

SOR/98-2, s. 12.

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.
TABLE

Markings on Containers
Length of Smelts in Containers

1.  Small size

under 100 mm

2.  Medium size

100 mm but less than 140 mm

3.  No. 1 size

140 mm but less than 180 mm

4.  Extra size

180 mm and over

(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.
TABLE

Markings on Containers
Weight of Whitefish in Containers

1.  Small

under 680 g

2.  Medium

680 g but less than 1.35 kg

3.  Large

1.35 kg but less than 1.80 kg

4.  Jumbo

1.80 kg and over

SOR/81-374, s. 12.

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.
SOR/2000-184, s. 59.

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.

(2) Fish having a fat content of less than 13 per cent may be packed for export from Canada where a lower fat content is specified by a buyer in the importing country.

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.

SOR/2000-184, s. 59.

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.
TABLE I
Length in Millimetres

(measured from tip of nose to round of tail)

Description
Scotch Cure Herring
Herring and Split Herring
Alewives
Spring Mackerel

Small

230 but under 255
180 but under 230

255 but under 330

Matt

255 but under 280




Medium

280 but under 305
230 but under 280
200 but under 255
330 but under 380

Large

305 and over
280 and over
255 and over


Mixed



200 and over


No. 4



ungraded for size


TABLE II
Count per 90.7 kg Barrel

Description
Summer Mackerel
Fall Mackerel
Mackerel Fillets

Extra Small

over 400



Small

between 270 and 401

over 750

Small medium

between 225 and 271
between 200 and 401


Medium

between 160 and 226
between 150 and 201
550 to 751

Large

under 161
between 115 and 151
under 551

Extra large


under 115


(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.

SOR/81-374, ss. 13, 14.

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.

(3) Where the weight of bloaters in a container is greater or less than 8.16 kg, the count indicated by marking or labelling shall be proportionately greater or less, whichever is appropriate, than that required by subsection (2), as approved by the President of the Agency.
(4) The longest fish in a container of bloaters shall not be more than 25 mm longer than the shortest fish in that container when measured from the tip of the nose to the round of the tail.

SOR/ 81-374, s. 15;
SOR/2000-184, s. 59.

PART VIII Salted Fish

103 In this Part, salted fish means fish of the Gadidae family that has been preserved by salt and contains not less than 12% salt on a wet weight basis and a maximum moisture content of 65%.
SOR/2007-18, s. 2.
Previous Version

104 (1) No person shall place a product designation on a label affixed to a container of salted fish unless the designation is immediately adjacent to the common name of the product without any intervening printed, written or graphic matter and the designation is made in accordance with subsection (2).

(2) Salted fish shall be designated as

(a) “split fish”, if it is split and at least two-thirds of the anterior of the backbone has been removed;
(b) “split fish with entire backbone”, if it is split and no portion of the backbone has been removed;
(c) “fillet”, if it is a fillet as defined in section 2; or

(d) any other designation that

(i) is distinctive from those set out in paragraphs (a) to (c), and
(ii) meets the requirements of these Regulations.

SOR/2007-18, s. 2;
SOR/2009-314, s. 12(F).

Previous Version

105 (1) No person shall place a class designation on a label affixed to a container of salted fish unless the designation is made in accordance with subsection (2).

(2) Salted fish shall be designated as

(a) “slack salted fish”, if, after the curing process is complete, it has a maximum salt content of 25% of the dry weight of the fish;
(b) “light salted fish”, if, after the curing process is complete, it has a salt content of more than 25% but not more than 33% of the dry weight of the fish;
(c) “dried heavy salted fish”, if, after the curing process is complete, it has a salt content of more than 33% of the dry weight of the fish and has a maximum moisture content of 54%; or
(d) “green heavy salted fish”, if, after the curing process is complete, it has a salt content of more than 33% of the dry weight of the fish and has a moisture content of more than 54% but not more than 65%.

SOR/2007-18, s. 2.
Previous Version

106 If more than one species of salted fish is packed in a container, the names of the species must be indicated on the label in the common name or in the list of ingredients in descending order of proportion.
SOR/2007-18, s. 2.
Previous Version

107 [Repealed, SOR/2007-18, s. 2]
Previous Version

108 [Repealed, SOR/2007-18, s. 2]
Previous Version

109 [Repealed, SOR/2007-18, s. 2]
Previous Version

110 [Repealed, SOR/2007-18, s. 2]
Previous Version

111 [Repealed, SOR/2007-18, s. 2]
Previous Version

112 [Repealed, SOR/2007-18, s. 2]
Previous Version

113 [Repealed, SOR/2007-18, s. 2]
Previous Version

114 [Repealed, SOR/2007-18, s. 2]
Previous Version

115 [Repealed, SOR/2007-18, s. 2]
Previous Version

116 [Repealed, SOR/2007-18, s. 2]
Previous Version

117 [Repealed, SOR/2007-18, s. 2]
Previous Version

118 [Repealed, SOR/2007-18, s. 2]
Previous Version

119 [Repealed, SOR/2007-18, s. 2]
Previous Version

120 [Repealed, SOR/2007-18, s. 2]
Previous Version

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.

cleaning
cleaning 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)
disinfection
disinfection means the reduction of the amount of micro-organisms to a level that will not cause serious contamination. (désinfection)
durable
durable, in respect of construction material, means resistant to decay, breakdown or other physical damage. (durable)
impervious
impervious, in respect of any material, means an inert material such as concrete through which water or any other substance will not pass. (imperméable)
non-absorbent
non-absorbent, 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)
non-corrodible
non-corrodible means any metal or other material that does not readily rust, corrode, erode or otherwise decay. (résistant à la corrosion)
non-toxic
non-toxic means not injurious to health. (non toxique)
refrigeration facilities
refrigeration facilities 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).
smooth
smooth means a fairly regular or even surface without projections, indentations or roughness and that can be easily cleaned and disinfected. (lisse)
sound
sound means being in good repair or maintenance. (en bon état)
washable
washable 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.

(2) Construction and packaging materials and non-food chemical products used in the construction and operation of establishments or in their equipment shall be suitable for the purpose for which they are to be used.
(3) Saltfish, squid, stockfish and capelin may be dried outside an establishment if it is dried in a location away from traffic on grounds under the control of the operator of the establishment, on dryer flakes or other equipment that is raised at least 1 m above the ground or water and if the fish is handled to prevent the risk of contamination.

3 Floors shall be constructed of smooth, impervious, non-absorbent and non-toxic materials, be sloped for drainage and be maintained in a sound condition for ease of cleaning and disinfection.

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.

5 Wall surfaces shall be constructed of smooth, non-absorbent, durable and non-toxic materials that are light-coloured and thoroughly washable, in such a manner that all joints are sealed and floor and wall junctions are coved or rounded, and shall be maintained in a sound condition for ease of cleaning and disinfection.
6 Ceilings shall be constructed of smooth, non-absorbent, durable and non-toxic materials that are light-coloured, washable, of a height acceptable to the President of the Agency and maintained in a sound condition for ease of cleaning and disinfection.
7 Heating units, water feed lines, piping, lighting, public address or radio systems or other overhead fixtures shall be designed, constructed, installed and finished to prevent the accumulation of dirt and to reduce condensation, the growth of moulds and the shedding of foreign particles into fish being processed beneath and, if the purpose of each is not readily evident, shall be labelled in such a manner that this purpose is readily discernable by an inspector.
8 Windows that are capable of being opened to the outside, and any other openings to the outside, shall be constructed so as to prevent the accumulation of dirt and be fitted with non-corrodible insect-proof and animal-proof screens or other similar devices.

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.

11 Cooler or cold storage racking systems on which pallets of fish are stored shall be constructed of metal or other material acceptable to the President of the Agency and shall be maintained in a sound condition for ease of cleaning and disinfection.
12 Packaging and labelling materials shall be stored in dry and 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.

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 millilitres; or
(b) the water is derived from a source approved by the President of the Agency.

(2) For the purpose of providing a safe and sanitary supply of water to an establishment, an inspector may require that water supply sources be chlorinated or otherwise treated.

(3) Despite subsection (2), the President of the Agency may allow live shellfish to be held in an establishment in untreated water derived from a source approved by the President if

(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.

(4) Steam

(a) directly in contact with fish shall not contain any substance that is a hazard; and
(b) shall be supplied in adequate quantities for retorting and any other purpose as specified in the establishment’s quality management program.

(5) Ice making or ice storage facilities shall

(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.

(6) No ice making facility or ice storage facility constructed after the coming into force of this Schedule shall use wood on any surface that makes contact with ice.
(7) Ice that is for use in an establishment shall be handled and transported in a manner that prevents its contamination.
(8) No ice shall be used in an establishment unless it has been made from water that meets the requirements of this Schedule and is stored in a manner that prevents its contamination.
(9) An establishment may use water that does not meet the requirements of subsections (1) to (3) for fire protection, boilers or auxiliary services if there is no connection between the other water systems providing water to the establishment and all feed lines and pipes are clearly labelled or coloured so that the purpose of each is readily discernable by an inspector.
(10) Adequate supplies of hot water at a temperature of at least 43°C shall be provided throughout processing areas for cleaning and disinfection and at all handwash stations.
(11) Hoses and other water delivery devices in ready-to-eat fish and shellfish process operations shall be equipped with backflow preventers or vacuum breakers.
(12) Each operator of an establishment constructed after the coming into force of this Schedule shall keep and make available to an inspector, blueprints or other suitable drawings or sketches that show all water supply and water waste disposal systems, including sources of supply, intake locations, piping runs, treatment systems employed, location of water sampling valves for the taking of water samples before and after its treatment and the outfall or sewage hook-up locations.

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.

(2) Continuous offal handling systems that carry offal on conveyors or flumes to offal bins shall be constructed so that they pose no threat of contamination to the processing areas or to fish being processed and must

(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.

(3) Vessels, barges or conveyances may be used to store or transport offal to designated gurry grounds or fish meal plants if they are operated in a clean and sanitary manner.

16 Natural or artificial lighting shall be provided at intensities adequate to ensure the effective delivery to the processing operation being conducted, and the light fixtures shall have appropriate covers and be installed for ease of cleaning and disinfection.
17 Natural and mechanical ventilation systems shall provide clean air, inhibit condensation and maintain conditions that are free from smoke, steam or foul odours, and any openings for the ventilation of the processing or support areas shall be fitted with non-corrodible insect-proof and animal-proof screens or other similar devices.

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 .

(2) Refrigeration facilities shall be operated in a manner that minimizes frost build-up.
(3) Cold storages shall be equipped with automatic temperature recording devices capable of recording the temperature at least once every 24 hours.
(4) In refrigeration facilities that are not equipped with automatic temperature recording devices, accurate thermometers must be installed and the temperature read and recorded at least once every 24 hours.
(5) An operator of a registered establishment shall keep a record of each temperature recorded there for a period of three years.

19 Equipment that is used to perform product preservation processes shall meet the applicable requirements set out in the establishment’s quality management program.
20 Devices that are used to monitor the effectiveness of product preservation processes or the performance of equipment used in product preservation processes shall be calibrated and function in accordance with the applicable requirements set out in the establishment’s quality management program.
21 All facilities and equipment shall be maintained in a sound condition so as to minimize the risk of contamination to fish and facilitate cleaning and disinfection, and shall be installed in such a manner as to allow adequate cleaning of the surrounding area.

22 Flush toilets shall be

(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.

24 Changing facilities for personnel and visitors shall be provided in every establishment that is constructed after this Schedule comes into force.
25 Utensils and cutting surfaces shall be constructed of non-corrodible, non-absorbent, smooth, impervious and washable material that is maintained in a sound condition for ease of cleaning and disinfection.

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.

27 Pallets used as equipment in a processing area, such as foot stands, stands for vats and pan racks, shall be constructed of non-corrodible, non-absorbent, smooth, non-toxic and washable materials, and be maintained in a sound condition for ease of cleaning and disinfection.

28 Vessels with enclosed processing areas shall have, in addition to meeting other applicable requirements of this Schedule,

(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);
SOR/2009-314, s. 13(E);
SOR/2013-78, s. 1.

Previous Version

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.

(3) No person shall:

(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.

(4) Immediately on leaving a processing area a person shall remove any protective clothing and store it in a manner that prevents contamination.

4 Pesticides or any other animal control products shall be applied in a manner that prevents the contamination of fish, packaging, labelling materials and ingredients.
5 Animals are not permitted inside an establishment.

6 Fish offal shall be

(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.

7 Equipment and material provided to clean and disinfect protective clothing and footwear such as handdips and footdips shall be provided in adequate quantities and be conveniently located in processing areas.
8 Doors into and out of an establishment shall be kept closed and may be opened only when necessary to allow personnel, fish, equipment and other materials to enter or leave the establishment unless air curtains or other devices as specified in the establishment’s quality management program that prevent the entry of insect and animal pests are in operation.
9 No person who is a known carrier of a disease that is likely to be transmitted through food or who is afflicted with an infected wound, skin infection, sore, diarrhoea or any communicable disease, shall work in a registered establishment if there is a possibility of contaminating fish with pathogenic organisms.
10 A person engaged in the handling or processing of fish shall not wear any jewellery, fingernail polish or personal adornments that could contaminate or become incorporated into fish being processed.

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.

12 Handwash and toilet facilities shall be maintained in good operating order and be properly equipped with single-service towels and toilet tissue, and all effluent and sewage shall be disposed of in accordance with local ordinances or, if none exist, in a manner satisfactory to an inspector.

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.

14 Forklifts and other devices used for moving fish and materials inside an establishment shall be clean and maintained in a sound condition.

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.

(2) Wooden pallets may be used for the press piling of saltfish or the processing of salmon roe if a barrier of material suitable for food contact is placed between the wooden pallet and the fish.
(3) Every pallet shall be clean and maintained in a sound condition.

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.

18 Frozen fish shall be handled and protected in an establishment to ensure that the temperature of the fish does not increase more than 5.5°C during the time the fish

(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.

2 Subject to item 3, fish and ice storage areas shall be of non-absorbent, non-corrodible materials, other than wood, and so constructed as to preclude physical damage to the fish and facilitate cleaning and any surfaces that contact fish shall be smooth and free from cracks and crevices.
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 President of the Agency.
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 by crushing when the boxes are stacked.
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 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.

9 Where chilled water systems are installed on a vessel, such systems shall be of materials approved by the President of the Agency, be constructed to facilitate proper cleaning and be capable of holding fish at -1°C.
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 25 mm thick block of fish when the temperature of the thermal centre is reduced from 0°C to -20°C 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 -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.

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 -26°C 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.

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(ss. 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.

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.

SOR/82-829, s. 6;
SOR/99-169, s. 12;
SOR/2000-184, s. 59.

SCHEDULE VI
[Repealed, SOR/99-169, s. 13]