QUALITY CONTROL, R.R.O. 1990, Reg. 456

• Jurisdiction: Ontario

Fish Inspection Act
Loi sur l’inspection du poisson

R.R.O. 1990, REGULATION 456

QUALITY CONTROL

Note: This Regulation was revoked on January 1, 2021. (See: O. Reg. 465/19, s. 62)

Last amendment: 465/19.

This Regulation is made in English only.

Interpretation

1. In this Regulation,

“breaded fish” means fish or fish flesh that is coated with batter and breading;

“can” means any hermetically sealed glass or metal container;

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

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

“comminuted fish flesh” means fish flesh that has been ground to a fine, uniform consistency;

“semi-preserving establishment” means an establishment where fish is prepared by salting or pickling in brine, vinegar, sugar, spices or any combination of those salting or pickling agents and packed so that it may be kept fit for human consumption for a minimum of six months by means of refrigeration without freezing;

“shrimp cocktail” means shrimp meat packed with sauce, spices, seasonings or flavourings or any combination of those ingredients; and

“sterilized”, in respect of canned fish, means fish that has been treated with heat to prevent spoilage and to destroy all pathogenic organisms. R.R.O. 1990, Reg. 456, s. 1.

2. For the purposes of section 7 of the Act,

“decomposed”, with respect to fish, means fish that has an offensive or objectionable odour, flavour, colour or textural defect associated with spoilage;

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

“unwholesome”, with respect to fish, means fish that has in or upon it micro-organisms of public health significance or substances toxic or aesthetically offensive to man. R.R.O. 1990, Reg. 456, s. 2.

PART I
GENERAL

3. Fish shall be packed in new, clean and sound containers. R.R.O. 1990, Reg. 456, s. 3.

4. (1) An inspector may detain fish or any container of fish for the purpose of inspection and for the purpose of identifying such fish, the inspector may attach to any of the fish or any container of fish a numbered tag furnished by the Ministry. R.R.O. 1990, Reg. 456, s. 4 (1).

(2) Where fish or any container of fish is detained under subsection (1), the inspector shall deliver or mail to the owner or the owner’s agent a notice of detention. R.R.O. 1990, Reg. 456, s. 4 (2).

(3) Where fish or any container of fish is detained under subsection (1) on premises owned by a person who is not the owner of the fish, a copy of the notice of detention referred to in subsection (2) shall be delivered or mailed to that person. R.R.O. 1990, Reg. 456, s. 4 (3).

(4) No person shall move, sell or otherwise dispose of fish or any container of fish detained under subsection (1) unless that person has obtained a release therefor from an inspector. R.R.O. 1990, Reg. 456, s. 4 (4).

(5) Where an inspector is satisfied that,

(a) fish and any container of fish detained under subsection (1) meet the requirements of this Regulation, he or she shall prepare a release authorizing the disposition of the fish for human consumption; or

(b) fish or any container of fish detained under subsection (1) does not meet the requirements of this Regulation, he or she may mark the fish or container accordingly and shall prepare a release authorizing the disposition of the fish for any purpose other than human consumption,

and shall deliver or mail one copy of the release referred to in clause (a) or (b) to the owner of the fish or the owner’s agent and one copy to the person, if any, on whose premises the fish was found. R.R.O. 1990, Reg. 456, s. 4 (5).

5. Where an inspector is satisfied that fish and any container of fish meet the requirements of this Regulation, the inspector shall, on request, issue an inspection certificate. R.R.O. 1990, Reg. 456, s. 5.

6. An appeal made under section 4 of the Act shall be made by notice in writing to the Minister within thirty days of the decision of the inspector. R.R.O. 1990, Reg. 456, s. 6.

7. (1) No reinspection shall be ordered as a result of an appeal unless the appellant is able to satisfy the Minister that the identity of the fish or containers to be reinspected has been preserved. R.R.O. 1990, Reg. 456, s. 7 (1).

(2) No reinspection shall be ordered as a result of an appeal where the decision of the inspector appealed from is in respect of the presence of a poisonous or harmful substance in or upon the fish or containers. R.R.O. 1990, Reg. 456, s. 7 (2).

8. Where fish or containers have been approved under this Regulation and upon reinspection are found not to meet the requirements of this Regulation, any inspection marks and quality designations on such fish or containers shall be removed or obliterated and any inspection certificate that may have been issued for the fish or containers is void. R.R.O. 1990, Reg. 456, s. 8.

9. All receptacles, including vehicle bodies, boxes, tubs and barrels used to transport fish to or from any establishment shall be clean and shall be disinfected when necessary. R.R.O. 1990, Reg. 456, s. 9.

10. Fish that is intended for human consumption shall be adequately iced or chilled while being held or transported and shall be protected from contamination and the weather. R.R.O. 1990, Reg. 456, s. 10.

11. Fish that is intended for human consumption shall be protected from contamination and the weather during loading and unloading. R.R.O. 1990, Reg. 456, s. 11.

12. 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 10ºF from the temperature at the time it was loaded. R.R.O. 1990, Reg. 456, s. 12.

13. No person shall sell or offer for sale 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. R.R.O. 1990, Reg. 456, s. 13.

PART II
LABELLING

14. 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 this Regulation or the Fish Inspection Regulations (Canada); and

(b) the fish in that container meets that standard. R.R.O. 1990, Reg. 456, s. 14.

PART III
CODE MARKINGS

15. (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. R.R.O. 1990, Reg. 456, s. 15 (1).

(2) Every container in which pickled, spiced or marinated fish are packed 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. R.R.O. 1990, Reg...