|THE REGIONAL MUNICIPALITY OF PEEL|
|BY-LAW NUMBER 59- 2005|
A by-law to regulate disclosure of food safety inspection information to the public.
WHEREAS the Region of Peel's Board of Health has a duty to provide a food safety program as mandated by the Ministry of Health and Long-Term Care under the provisions of the Health Protection and Promotion Act, R.S.O. 1990, c. H-7 and accompanying Mandatory Health Programs and Service Guidelines;
AND WHEREAS the Region of Peel's Board of Health has a duty to provide food safety information annually to the community and other prescribed persons under the Mandatory Health Programs and Service Guidelines;
AND WHEREAS the Region of Peel's Board of Health is mandated to assess all food premises annually and determine their risk status according to the Ministry of Health Hazard Analysis Critical Control Point Protocol;
AND WHEREAS the Region of Peel's Board of Health has a duty to inspect all retail food business establishments in the Region of Peel to ensure compliance with the Health Protection and Promotion Act and regulations thereunder as prescribed under the Mandatory Health Programs and Service Guidelines;
AND WHEREAS the Region of Peel's Board of Health is required to provide the Minister of Health with semi-annual and annual food safety data;
AND WHEREAS the Council of the Regional Corporation in December 2004, endorsed the creation of a mandatory food safety disclosure program with elements including the posting of green, yellow, or red signs and summary results of the last public health inspection at the entrance to retail food business establishments in the Region of Peel and on the Region of Peel's public website in order to improve the health of Peel inhabitants;
AND WHEREAS it is desirable for the health, safety and well-being of inhabitants of and visitors to the Region of Peel to provide them with information regarding the food safety performance of food premises in the Region of Peel;
AND WHEREAS section 130 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, otherwise authorizes a Council of a Regional Corporation to regulate food safety performance where this is related to the health, safety and well-being of its inhabitants;
NOW THEREFORE the Council of the Regional Municipality of Peel enacts as follows:
"Food" means food or drink for human consumption, and includes an ingredient of food or drink for human consumption;
"Inspector" means a public health inspector acting under the direction of the Medical Officer of Health for the Region of Peel;
"Medical Officer of Health" means the Medical Officer of Health for the Regional Municipality of Peel, duly appointed under the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and includes any staff acting on his or her behalf;
"Milk" means milk from cows, goats or sheep;
"Operator" means any person who owns, occupies, manages, controls, governs, or has responsibility for and control over the activity carried on within a retail food business establishment, although there may be more than one operator of the retail food business establishment;
"Peel Health Inspection Summary" means the original colour copy sign belonging to the Region of Peel and issued by Peel Health to a retail food business establishment in the form attached as Schedule "A", Schedule "B" and Schedule "C";
"Public Entrance" means the main entrance used by the public to enter the retail food business establishment;
"Region" or "Region of Peel" means the Regional Municipality of Peel;
"Retail Food Business Establishment" means premises where food or milk is sold or offered for sale to the public or where meals or meal portions are prepared for immediate consumption or sold or served in a form that will permit immediate consumption on the premises by the public but does not include a private residence, dwelling, hot dog carts, catering or mobile preparation vehicles, farmers markets, farm gates or other similar itinerant food establishments;
"Sign Holder" means a Region of Peel issued sign holder, or other sign holder approved by Peel Health.
(i) The purpose of this By-law. (ii) The enforcement of any section of this By-law. (iii) The exercise of a power or the carrying out of a duty under this By-law or under the Health Promotion and Protection Act, R.S.O. 1990, c. H. 7, and regulations thereunder. (iv) The carrying out of a direction given under this By-law or the Health Promotion and Protection Act, R.S.O. 1990, c. H. 7.
SAMPLES OR EXTRACTS:
SEVERABILITY OF SECTION:
READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 7th day of July, 2005.
Schedule A, B and C are available in Clerk's