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Operator Information Guide

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Operator Information Guide

Message from Medical Officer of Health

Dear Food Establishment Operator:

In the fall of 2005, Peel Health introduced a new Food Safety Performance Disclosure Program called FoodCheck Peel. All retail food business establishments operating in Peel Region are required to participate according to Region of Peel's By-law Number 059-2005 (Food Safety Disclosure).

Under the program, when a Public Health Inspector visits your establishment, you will receive one of three Peel Health Inspection Summary signs - Pass (Green), Conditional Pass (Yellow), or Closed (Red). Once a sign is issued, the operator must post it immediately at or near the main public entrance to the establishment such that it is clearly visible to members of the public.

This Operator Information Guide provides you with information about the program. It includes guidelines on how to receive and maintain a Pass sign, details on each of the three signs and samples of the signs.

Please read the information carefully. If you have any questions, please contact your district Public Health Inspector or Peel Public Health at 905-799-7700. In Caledon, call toll free at 905-584-2216.

Thank you for your co-operation. We look forward to continuing to work with you in providing safe and wholesome food to your customers.

Responsibility for retail food safety

All retail food business establishments must operate according to the minimum requirements of the Ontario Food Premises regulation (O. Reg. 562) under the Health Protection and Promotion Act. It is the responsibility of food business operators to know and comply with the regulation at all times. Public Health Inspectors regularly inspect retail food business establishments to assess if they are being operated according to the requirements in the regulation at the time of inspection.

Why is a food safety performance disclosure program needed?

The system has many benefits for the public and food operators. It is intended to improve food safety standards, reduce the risk of foodborne illness, and raise consumer awareness of food safety.

Research has demonstrated that disclosure systems improve compliance with food safety legislation and enhance food safety standards in retail food business establishments.

Food safety inspection and the grading system

The FoodCheck Peel program applies to retail food business establishments operating in the region of Peel, with the exception of itinerant food premises such as hotdog carts, catering vehicles, and farmers markets. The program requires the posting of a green, yellow or red sign based on the results of the most recent food safety inspection.

The FoodCheck Peel program is based on compliance with the Ontario Food Premises Regulation because it is an objective standard by which to measure performance. While compliance with the regulation is a measure of the risk of foodborne illness, one food handling mistake in even the best operated food establishment can lead to foodborne illness. The operator of every retail food business establishment is responsible for knowing the risks associated with foodborne illness and for taking action in his or her establishment to minimize these risks.

When a Public Health Inspector visits your establishment, he/she will assess if your operation meets the requirements of the Ontario Food Premises Regulation and then complete a food safety inspection report. You will receive a printed copy of the report at the end of the inspection.

The grading system is designed to provide a consistent and objective approach to inspections and is used by all Public Health Inspectors in Peel Region. Each requirement listed in the Food Safety Inspection Report is assigned a grade, based on the potential of causing foodborne illness. The overall grade of the food safety inspection will be based on the number and type of infractions observed by the Inspector. The total number of points determines the grade and whether a Green, Yellow or Red sign must be posted at the entrance to the establishment.

Specifically the three signs are defined as:

  • PASS (Green sign) - Substantial compliance with the Ontario Food Premises Regulation.
  • CONDITIONAL PASS (Yellow sign) - Significant non-compliance with the Ontario Food Premises Regulation which may affect food safety (immediate threats to food safety must be eliminated at the time of inspection and will be assessed again within 72 hours).
  • CLOSED (Red sign) - Immediate health hazard to the general public.

The Region of Peel will provide a sign holder for every food establishment. Under the Region of Peel's Food Safety Disclosure By-law the operator is required to post the most recent Peel Health Inspection Summary sign in the sign holder near the main public entrance to the establishment. The sign is required to be posted until another inspection has been conducted, and a Public Health Inspector has provided a replacement sign. In the event that the sign is damaged or goes missing the operator must notify Peel Public Health (905-799-7700) immediately and a sign will be re-issued.

A summary of the inspection findings, charges and convictions for all retail food business establishments in Peel will also be made available online.

Correction of infractions and legal action

When infractions are observed in a retail food business establishment it is the responsibility of the operator to ensure that infractions are corrected as soon as possible. Items directly related to food safety must be corrected by the operator at the time of inspection and will be assessed again during a re-inspection within 72 hours. There is no fee for the follow-up inspections; however, repetitive non-compliance will result in legal action being initiated, which can result in fines.

Public Health Inspectors in the Region of Peel have been designated as Provincial Offences Officers. This means that they have the authority to issue tickets or summonses to court when infractions are observed.

Frequency of inspections

Public Health Inspectors are required to assess all food establishments at least once per year to determine the frequency of inspections. Depending on the factors listed below, inspections may be conducted a minimum of once, twice or four times per year.

A) Four inspections per year

Establishments receiving at least four inspections per year include:
Full menu establishments with the following characteristics:

  • Daily preparation of large volumes of hazardous foods.
  • Preparation of foods that involve multiple preparation, steps e.g. defrosting, cooking, cooling, storing, reheating, preparing, hot holding, slicing, de-boning, mixing, serving.
  • Effective corporate Hazard Analysis Critical Control Points (HACCP) system program not in place, or
  • Establishments associated in the past with foodborne illness.

B) Two inspections per year

Establishments receiving at least two inspections per year:

  • Prepare hazardous foods without meeting the criteria outlined in A above, or
  • Prepare non-hazardous foods with extensive handling and/or high volume of patrons, and/or
  • Are practicing an effective corporate HACCP program.

C) One inspection per year

Establishments receiving at least one inspection per year:

  • Serve prepackaged hazardous foods, or
  • Prepare and/or serve non-hazardous foods without meeting the criteria outlined in B above, or
  • Use a food storage facility for non-hazardous foods only, and/or
  • Have public health concerns that relate primarily to sanitation and maintenance.

How to prepare for FoodCheck Peel

To prepare for inspections under the program, Peel Public Health encourages all operators of retail food business establishments to thoroughly review this Guide and the "Making the Grade" checklist. It is important that you understand and follow the requirements of the Ontario Food Premises Regulation.

All retail food business establishments in Peel Region will receive the Operator Information Guide, a sign holder and "Preparing for FoodCheck Peel" sign. Posting this sign in the sign holder will indicate to the public that your establishment has not yet been inspected. Once your establishment has been inspected, a Public Health Inspector will issue a colored Peel Health Inspection Summary sign based on the inspection results.

For more information on FoodCheck Peel contact Peel Public Health at 905-799-7700. In Caledon, call toll free at 905-584-2216.

PASS (Green) SignGreen (PASS) Sign

What does it mean?

A PASS sign posted at the entrance of a retail food business establishment indicates substantial compliance with the requirements of the Ontario Food Premises Regulation was observed on the inspection date noted on the sign.

What does substantial compliance mean?

Substantial compliance with the Ontario Food Premises Regulation means the:

  • Minimum standards of the Ontario Food Premises Regulation have been met
  • Number and type of infractions observed are unlikely to result in foodborne illness
  • Food operation is unlikely to cause an immediate risk to public health

Correction of any infractions noted is the responsibility of the operator and must be corrected as soon as possible.

Examples of minor infractions

  • Food processing equipment is poorly designed, or the arrangement of food preparation equipment in a kitchen prevents easy access for cleaning and maintaining clean and sanitary conditions
  • Clean utensils are stored in a dirty drawer or container
  • Food handlers are not wearing clean outer garments
  • Hair restraints are not worn by food handlers while they are handling food
  • No test kit or supply of test strips to check the sanitizer concentration in automatic dishwashers are available
  • Garbage has not been removed to maintain the establishment in a sanitary condition

When would my establishment be re-inspected?

Follow-up inspections will take place at the discretion of the Public Health Inspector. Minor non-compliance observed in an establishment receiving a PASS sign can often be followed up during the next regular inspection.

What type of legal action can be expected?

The appropriate legal action will be initiated at the discretion of the Public Health Inspector. Minor infractions, especially those seen repetitively or frequently, may result in the issuance of Provincial Offences Notices (tickets). The maximum set fine per offence is $370.

CONDITIONAL PASS (Yellow) SignYellow (CONDITIONAL PASS) Sign

What does it mean?

A CONDITIONAL PASS sign will be issued when significant non-compliance with the Ontario Food Premises Regulation is observed during an inspection. To avoid a closure order being issued, immediate threats to food safety must be addressed to the satisfaction of the Public Health Inspector during the inspection. A CONDITIONAL PASS indicates that the premises may not be operating according to the Ontario Food Premises Regulation in between inspections.

What does significant non-compliance mean?

Significant non-compliance with the Food Premises Regulation means that:

  • The number and type of infractions observed have the potential to lead to foodborne illness, or
  • One significant item has the potential to lead to foodborne illness

Each infraction of the Ontario Food Premises Regulation has been assigned a point value based on its potential to cause foodborne illness. Upon completion of the inspection, all points are added up. If the number reveals significant non-compliance, the establishment will be issued a CONDITIONAL PASS sign.

Examples of infractions that can lead to foodborne illness:

  • Hazardous foods (i.e. meat, poultry, fish, shellfish) are not cooked to the internal temperature required to kill potentially harmful bacteria
  • Large volume of hazardous food is not stored at the required temperature
  • Hazardous foods are not kept cold enough to prevent the growth of harmful bacteria
  • Contamination of ready-to-eat foods with raw foods/chemicals/pesticides exists
  • Food handling staff are observed to not wash their hands prior to handling food
  • There is potential for food contamination due to the establishment being infested by insects or rodents
  • The same cutting board is used for raw food (e.g. chicken, beef, fish) and for ready-to-eat food (fruit, vegetables, salads) without being washed, rinsed and sanitized in between processes.

When will my food establishment be re-inspected?

Items that pose a risk of foodborne illness must be corrected at the time of inspection. In addition, a food establishment receiving a CONDITIONAL PASS sign will receive a follow-up inspection within 72 hours. The operator is responsible for keeping the sign posted until the Public Health Inspector provides a replacement sign at the time of the follow-up inspection.

Based on the findings of the follow-up inspection, the Public Health Inspector will issue the appropriate sign for the establishment. If the infractions have not been corrected, another yellow CONDITIONAL PASS sign will be issued, and a follow-up inspection will be conducted at the discretion of the Inspector.

What type of legal action can be expected?

When a food establishment has infractions that lead to the issuance of a CONDITIONAL PASS sign, the Public Health Inspector may initiate legal action with Provincial Offence Notices (tickets). The maximum set fine per offence is $370.

CLOSED (Red) SignRed (CLOSED) Sign

What does it mean?

A CLOSED sign is issued to the operator of a food establishment when the Public Health Inspector is of the opinion, upon reasonable and probable grounds, that an immediate health hazard exists.

Under these conditions, an order to close the establishment under section 13 of the Health Protection and Promotion Act will be issued. A section 13 order is issued to eliminate or decrease the effect of the health hazard. An order is a legal document. Failing to comply with an order is an offence, which upon conviction, could result in a significant fine.

What happens after my food establishment gets a CLOSED sign?

If a food establishment is issued a CLOSED sign, the operator must do the following:

  • Close the food establishment and stop preparing and/or selling food to the public.
  • Post the CLOSED sign at the front entrance to the food establishment.
  • Correct the conditions listed on the closure order to remove the health hazard(s).
  • Contact your Public Health Inspector for a follow-up inspection when the conditions have been removed or corrected. A follow-up inspection must be conducted prior to re-opening the establishment.

A Public Health Inspector will revoke the order and remove the CLOSED sign if the health hazard(s) have been removed or corrected. Observations made during the follow-up inspection will determine the appropriate sign for the establishment.

Examples of infractions leading to a CLOSED sign

A health hazard can be any condition that will likely lead to foodborne illness if the condition is not corrected. Examples include:

  • Establishments infested with insects or rodents, where there is evidence of food contamination and a lack of an effective pest control program to remove the infestation.
  • The food establishment does not have sufficient potable water to operate in a sanitary manner.
  • Sewage back-up into food preparation or storage areas.

When will my establishment be re-inspected?

The CLOSED establishment will be monitored on a daily basis by the Public Health Inspector to ensure that the establishment remains closed. The operator may contact the Public Health Inspector to arrange a re-inspection. The operator is responsible for keeping the establishment closed and keeping the CLOSED sign posted until a Public Health Inspector issues the appropriate replacement sign based on a follow-up inspection. If the infractions have not been corrected, the CLOSED sign will not be removed, and the establishment must remain closed.

The CLOSED sign will be revoked if the follow-up inspection demonstrates that the establishment is free of any health hazards.

What type of legal action can be expected?

When conditions observed at a food establishment constitute an immediate health hazard the operator may be charged. Furthermore, operators who do not comply with a closure order may be charged and summonsed to appear in court.

If the court finds the defendant guilty, an individual operator may be fined up to $5,000, and a corporation up to $25,000, for each day or part of a day on which the offence occurred.

Food safety certificate course

It is important to ensure that food handlers know and practice basic food safety rules. Peel Health strongly recommends that managers and staff involved in food preparation complete food handler training and receive a Food Safety Certificate.

  • Food safety legislation
  • Introduction to food safety, microorganisms and contamination
  • Cross-contamination
  • Understanding foodborne illness
  • Receiving and storage of food
  • Preparation, cooking and service
  • Hazard Analysis Critical Control Points (HACCP) system
  • Personal hygiene
  • Food allergies
  • Cleaning and sanitizing
  • Food establishment sanitation, design and maintenance
  • Pest control
  • Healthy eating

At this time, the Food Handler Certification Course is not mandatory for retail food business establishments in Peel Region. However, the Ontario Ministry of Health and Long-Term Care may be changing the Ontario Food Premises Regulation to require food establishments to have certified food handlers. In the near future, the presence of at least one certified food handler per shift in high and medium risk retail food business establishments may become a factor assessed in the FoodCheck Peel program.

Research has shown that food handler training is one of the most effective ways of enhancing food safety. Therefore, Peel Health strongly encourages food handlers and management staff to become certified. To register for an upcoming Food Handler Certification Course, contact Peel Public Health at 905-799-7700. In Caledon, call toll free at 905-584-2216.

 

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