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"Point in Time" Regulation Content

Public Health Act

Food Premises Regulation

B.C. Reg. 210/99

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 March 31, 2012
January 18, 2016
Section 2 February 22, 2013
Section 2.1 March 31, 2012
Section 3 March 31, 2012
Section 6 to 8 March 31, 2012
Section 10 March 31, 2012
Section 11 February 22, 2013
Section 12 February 22, 2013
Section 14 February 22, 2013
Section 23 February 22, 2013
Section 24 February 22, 2013
Section 25 March 31, 2012
January 18, 2016

 Section 1 (1) definition of "health official" BEFORE repealed by BC Reg 69/2012, effective March 31, 2012.

"health official" means a medical health officer or a public health inspector;

 Section 1 (1) definition of "guide animal" BEFORE repealed by BC Reg 223/2015, effective January 18, 2016.

"guide animal" means a guide animal as defined in section 1 of the Guide Animal Act;

 Section 2 (d) BEFORE amended by BC Reg 59/2013, effective February 22, 2013.

(d) premises that are governed by the Milk Industry Act, the Meat Inspection Regulation or the Fish Inspection Act,

 Section 2 (d.1) (ii) BEFORE amended by BC Reg 59/2013, effective February 22, 2013.

(ii)  would be a single family residence if it were not being used as an assisted living residence, and

 Section 2 (d.2) was added by BC Reg 59/2013, effective February 22, 2013.

 Section 2.1 was enacted by BC Reg 69/2012, effective March 31, 2012.

 Section 3 BEFORE amended by BC Reg B.C. Reg. 69/2012, effective March 31, 2012.

 Plans and specifications to be approved

3  (1)  A person must not construct or make alterations to food premises unless the plans and specifications for the construction or alteration have been approved by a health official.

(2)  An applicant for approval under subsection (1) must

(a) submit to a health official a copy of the complete plans and specifications for the construction or alteration, and

(b) provide the health official with any other information the health official reasonably requires.

(3)  The health official may approve the plans and specifications submitted under subsection (2) if the plans and specifications indicate that the proposed construction or alteration conforms to the requirements of section 4.

 Section 6, 7 and 8 BEFORE amended by BC Reg B.C. Reg. 69/2012, effective March 31, 2012.

 Approval

6  (1)  A person must not operate food premises unless

(a) the plans and specifications for the premises have been approved under section 3, and

(b) the premises are constructed and maintained in accordance with that approval.

(2)  If food premises are not constructed and maintained in accordance with the approval under section 3, a health official may revoke the approval.

(3)  A health official may reinstate an approval revoked under subsection (2) if the health official is satisfied that the premises meet the conditions for approval under section 3.

 Notification of health hazard

7  Every operator of food premises must immediately notify a health official of any circumstance that exists in the food premises that may cause a health hazard.

 Permit to operate food service establishment

8  (1)  A person must not operate a food service establishment unless the person holds a permit issued under this section.

(2)  A person who wishes to operate a food service establishment must

(a) apply to a health official on a form provided by the minister, and

(b) provide the health official with any information the health official reasonably requires.

(3)  A health official may issue a permit to operate a food service establishment to a person who complies with the Act and this regulation.

(4)  A health official may refuse to issue a permit under subsection (3) to any person who, in the opinion of the health official, has demonstrated that he or she is not capable of operating a food service establishment in accordance with the Act and this regulation.

(5)  Repealed. [B.C. Reg. 49/2009, s. 2 (a).]

(6)  A permit issued under subsection (3) is not transferable.

(7)  The holder of a permit issued under subsection (3) must post the permit in a conspicuous location in the food service establishment.

(8)  An operating permit issued under section 2.05 of B.C. Reg. 148/74, the Sanitation and Operation of Food Premises Regulations, that is valid and subsisting on the day that this regulation comes into force is deemed to have been issued under this section.

[am. B.C. Reg. 49/2009, s. 2 (a).]

 Section 10 (1) BEFORE amended by BC Reg B.C. Reg. 69/2012, effective March 31, 2012.

(1)  Every operator of a food service establishment must hold a certificate, issued by a health official, for the successful completion of the food handler training program known as FOODSAFE or its equivalent.

 Section 11 (a) BEFORE amended by BC Reg 59/2013, effective February 22, 2013.

(a) food premises for which plans and specifications have been approved under section 3, or

 Section 11 (a.1) was added by BC Reg 59/2013, effective February 22, 2013.

 Section 11 (b) before amended by BC Reg 59/2013, effective February 22, 2013.

(b) a source that is approved by the government of Canada, the government of another province or territory, or an official or agency of any of those governments under whose authority food safety standards are established and enforced.

 Section 12 (b) BEFORE amended by BC Reg 59/2013, effective February 22, 2013.

(b) stored, handled, prepared, displayed and dispensed in a sanitary manner.

 Section 14 (3) BEFORE amended by BC Reg 59/2013, effective February 22, 2013.

(3)  Every operator of food premises must ensure that frozen food is stored or displayed at a temperature of not more than -18° C.

 Section 14 (4) was added by BC Reg 59/2013, effective February 22, 2013.

 Section 23 (2) BEFORE amended by BC Reg 59/2013, effective February 22, 2013.

(2)  Every operator of a food service establishment must have written procedures to ensure that a health hazard does not occur in the operation of the establishment.

 Section 23 (4) was added by BC Reg 59/2013, effective February 22, 2013.

 Section 24 (3) was added by BC Reg 59/2013, effective February 22, 2013.

 Section 25 (2) (c) BEFORE amended by BC Reg B.C. Reg. 69/2012, effective March 31, 2012.

(c) any other animal that a health official determines will not pose a risk of a health hazard occurring on the premises.

 Section 25 (2) (a) BEFORE amended by BC Reg 223/2015, effective January 18, 2016.

(a) a guide animal but not in any area of the premises in which food is prepared, processed or stored;