Food and Food Handling Establishments Regulation

Food and Food Handling Establishments Regulation, M.R. 339/88 R The Public Health Act , C.C.S.M. c. P210 Regulation 339/88 R Registered August 29, 1988 bilingual version (HTML) Table of Contents Section 1 Definitions 1.1 The term "public health inspector" includes "health officer" PART I GENERAL 2 Registration 3 Permits 3.1 Temporary establishments 4 Suspension, etc. 5 Food sanitation and source 5.1 Certificate of seizure and disposal 6 Food storage and display 7 Pests 8 Refuse and garbage 9 Animals 10 Change rooms and locker rooms 11 General sanitation 12 Personnel 13 Temperature control 14 Equipment 15 Cleaning and sanitizing 16 Lighting 17 Milk 18 Ventilation 19 Abattoirs — ante-mortem inspections 19.1 Abattoirs — post-mortem inspections 19.2 Sources for food safety and animal welfare 19.3 Exemption for personal use 20 Meat from an approved facility 21 Meat from game animals or game birds 22 Storage of uninspected meat 23 Processing of uninspected meat 24 Refusing or suspending operating permit 25 Other requirements for uninspected meat 26 Sale of uninspected poultry 27 Peddling and hawking 27.1 Manufacturing of ice 27.2 Dispensing of ice 28 Transportation 29 Hazardous products 30 Salvage PART II FOOD PROCESSING AND FOOD SERVICE ESTABLISHMENTS 31 Application 32 Requirements 33 Sanitary facilities 34 Food preparation and display 35 Food hygiene 36 Dishwashers and glasswashers 37 Temporary food service establishments 38 Mobile food units Schedule A Repealed B Uninspected Meat Processing Plants Operating Conditions Definitions 1 In this regulation, "abattoir" means a premises, structure or vehicle used for the killing or eviscerating or both of cattle, sheep, swine, horses, poultry or other animals other than fish for subsequent use as human food but does not include premises used for the custom killing of uninspected poultry; (« abattoir ») "abattoir operator" means a person who operates a food handling establishment that is an abattoir; (« exploitant d'abattoir ») "Act" means The Public Health Act , C.C.S.M. c. P210; («  Loi  ») "accurate thermometer" means a thermometer that is accurate to within ± 1°C; (« thermomètre précis ») "corrosion-resistant material" means a material that retains those surface characteristics which permit it to be readily cleaned and sanitized even after repeated or prolonged exposure to food and cleaning and sanitizing compounds; (« matériau résistant à la corrosion ») "easily cleanable surface" means a surface that is readily accessible and of such material and finish and so fabricated that food residue or other matter foreign to the surface may be effectively removed by normal cleaning methods; (« surface facile à nettoyer ») "equipment" means any item other than utensils or tableware used in the preparation, manufacture, processing, packaging and storage of food in a food handling establishment; (« matériel ») "event" means an organized activity or celebration not exceeding 14 days duration; (« événement ») "food" means any substance intended for human consumption and includes ice, water or other liquids; (« aliments ») "food contact surface" means those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces from which food may drain, drip or splash back onto surfaces normally in contact with food; (« surface en contact avec les aliments ») "food handling establishment" includes an abattoir, food processing plant, food service establishment, meat processing plant, retail food store, temporary food service establishment, warehouse or any place, premises, structure or vehicle in which food is (a) manufactured, processed, prepared, packaged, stored or handled, or (b) sold or offered for sale, but does not include a private dwelling in which food is prepared or served for consumption by the occupant or his or her family, staff or guests, or any vehicle used exclusively for transport; (« établissement de manutention des aliments ») "food processing plant" means a commercial establishment in which food is manufactured, processed or packaged for human consumption; (« usine de transformation des aliments ») "food service establishment" means any place where food is prepared or provided for consumption in individual portions but does not include a food processing plant or retail food store; (« établissement de restauration ») "hermetically sealed container" means a container designed and intended to be secure against entry of microorganisms and to maintain the sterility of its contents after commercial processing; (« contenant scellé hermétiquement ») "insanitary conditions" means the condition of a place or premises, or a circumstance, that (a) presents or might present a threat to the health of any person, (b) prevents or hinders, or might prevent or hinder, the suppression of disease, or (c) has contaminated, tainted or polluted food, or may contaminate, taint or pollute food, in a manner that presents or might present a threat to the health of any person; (« conditions insalubres ») "meat" means all parts, including viscera, of slaughtered cattle, sheep, swine, horses, poultry or other animals not including fish, that are intended for use as human food; (« viande ») "meat processing plant" means any commercial establishment all or part of whose business is the cutting, processing, wrapping or storage of meat and meat products; (« usine de transformation de la viande ») "meat products" means any food for human consumption of which one of the constituents of that food is meat; (« produits à base de viande ») "mobile food unit" means a vehicle-mounted food service establishment capable of being readily moved, and which returns to a central commissary or other fixed food service establishment after each day's operation; (« cantine ambulante ») "operator" means the designated manager or the person in possession of or in charge of any food handling establishment; (« exploitant ») "potentially hazardous food" means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms, but does not include foods which have a pH level of 4.6 or below or a water activity value of 0.85 or less; (« aliments potentiellement dangereux ») "poultry" means any domesticated fowl used for their meat or eggs or both; (« volaille ») "retail food store" means any establishment or part of an establishment where food is displayed for purchase for the ultimate consumer and intended for off premises consumption but does not include food service establishments or food vending machines; (« magasin d'alimentation au détail ») "sanitize" means to treat clean surfaces by heat or chemicals with such temperature and sufficient time to eliminate disease producing organisms; (« aseptiser ») "single-service utensil" means a utensil designed to be used only once and then discarded; (« ustensile jetable ») "tableware" means multi-use utensils used for eating and drinking; (« vaisselle ») "temporary food service establishment" means a food service establishment operating at a fixed location in conjunction with an event; (« établissement temporaire de restauration ») "uninspected meat" means meat that has not been inspected and approved in an establishment under the Safe Foods for Canadians Act (Canada) or an abattoir operated under a permit issued under this regulation; (« viande non inspectée ») "utensil" means any portable implement used in the manufacture, storage, preparation, transportation or service of food, and includes tableware. (« ustensile ») M.R. 32/2009 ; 42/2013 ; 67/2021 The term "public health inspector" includes "health officer" 1.1 In this regulation, the term "public health inspector" includes a "health officer" described in section 10 of the Public Health Personnel Regulation , subject to the limitations set out in section 11 of that regulation. M.R. 32/2009 PART I GENERAL Registration 2 No person shall construct, extensively remodel or operate a food handling establishment or other building intended to be used as a food handling establishment without first registering the food handling establishment by completing and filing a registration form in a form approved by the minister. M.R. 32/2009 Permits 3(1) Subject to subsections (4) to (5), and to section 3.1, no person shall operate a food handling establishment unless in possession of a valid and subsisting permit in a form approved by the minister, issued by the director or a public health inspector. 3(2) A permit issued under this section to an operator of a mobile food unit or a food service establishment expires on March 31 of each year. 3(3) Permits are not transferable between persons or establishments. 3(4) A permit is not required for a food handling establishment (a) where only non-potentially hazardous foods are sold or displayed for purchase; or (b) where sanitation and food safety are regulated (i) by the federal government or an agency of the federal government, (ii) by a municipality, or (iii) under another Act of the Legislature. 3(4.1) For certainty, a permit is not required for a food handling establishment in respect of the sale of ungraded eggs in accordance with section 7.1 of the Poultry Products Regulation , Manitoba Regulation 211/87 R. 3(5) Despite subsections (4) and (4.1), the operator of a food handling establishment described in those subsections is not exempt from the requirement to obtain and possess a permit if, in the opinion of the director, the exemption would create, or be likely to create, a risk to public health. 3(6) A permit issued under this section shall be posted by the operator in a conspicuous location within the food handling establishment. M.R. 32/2009 ; 67/2021 ; 36/2025 Temporary establishments 3.1(1) The operator of a food handling establishment operated on a temporary basis, including but not limited to a temporary food service establishment, is not required to obtain a permit for the establishment if it is operated for a special occasion or special circumstance, and the director has given written approval to the operator to operate it for such a purpose. 3.1(2) A director's approval under this section may be subject to such terms and conditions as the director considers necessary, and the operator of the establishment must comply with those terms and conditions. M.R. 32/2009 Suspension, etc. 4(1) The director or a public health inspector may withhold issuance of the permit if the food handling establishment is not in compliance with the provisions of this regulation. 4(2) The director or a public health inspector may suspend the permit of a food handling establishment where any provision of the regulation is found to have been violated. 4(3) Where a temporary food service establishment is found to be in non-compliance with the requirements of this regulation, the permit may be cancelled or suspended by the director or a public health inspector. M.R. 32/2009 Food sanitation and source 5(1) No person shall sell or display for purchase or serve an article of food that (a) has in or upon it any poisonous substance; (b) is unfit for human consumption; (c) consists in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance; (d) has been exposed to a contaminant or other substance, organism or matter that could render the article unfit for human consumption; or (e) was manufactured, prepared, preserved, packaged, stored or transported under insanitary conditions. 5(2) No person shall manufacture, process, prepare, preserve, package, transport, store, sell, offer for sale, deposit for sale, or prepare for sale any food under insanitary conditions. 5(3) A public health inspector may, upon written notice to the operator of a food handling establishment, place a hold on any food which the inspector believes is in violation of this regulation. 5(4) [Repealed] M.R. 32/2009 5(5) Subject to section 21, the operator of a food handling establishment shall ensure that all potentially hazardous foods in the establishment originate from a government inspected food processing plant or other approved source. 5(5.1) For certainty, subsection (5) does not apply to the sale of ungraded eggs in accordance with section 7.1 of the Poultry Products Regulation . 5(6) No person shall use food from hermetically sealed containers if that food was not prepared in a government inspected food processing plant. M.R. 32/2009 ; 67/2021 ; 36/2025 Certificate of seizure and disposal 5.1 A medical officer, director, public health inspector or health officer who seizes food under subsection 32(1) of the Act, and destroys or otherwise disposes of it, must give a certificate of seizure and disposal, in a form approved by the director, to the owner of the food. M.R. 32/2009 Food storage and display 6 The operator of a food handling establishment shall ensure that (a) food is protected from exposure to a contaminant or other substance, organism or matter that could render the food unfit for human consumption, at all times while being stored, prepared, displayed, served or transported; (b) food on display, other than whole unprocessed raw fruits and unprocessed raw vegetables, is protected from exposure to a contaminant or other substance, organism or matter that could render the food unfit for human consumption, by being packaged, by display cases, closed containers, food shields or other effective means; (c) suitable food dispensing utensils are used by employees and are provided for consumers who serve themselves; (d) food dispensing utensils are (i) stored in the food with the dispensing utensil handle extending out of the food, (ii) stored clean and dry, or (iii) stored in running potable water; (e) food and food containers are stored at a minimum of 15 cm above the floor on permanent storage shelves or stored on easily movable dollies, racks or pallets; and (f) food and food containers are not stored under exposed or unprotected building drains or waterlines, except for automatic fire protection sprinkler systems. M.R. 32/2009 Pests 7 The operator of a food handling establishment shall ensure that effective measures are taken to prevent the entry and presence of insects, rodents, birds and vermin in the establishment. Refuse and garbage 8(1) The operator of a food handling establishment shall ensure that garbage and refuse inside the establishment are kept in durable, easily cleanable and rodent proof containers, that do not leak and do not absorb liquids, but plastic or non-absorbent paper bags may be used to line these containers. 8(2) The operator of a food handling establishment shall ensure that (a) garbage containers in food preparation and utensil washing areas are kept covered at all times when not in continuous use; (b) there is a sufficient number of containers to hold all garbage and refuse between collections or removal; (c) garbage containers are frequently cleaned; and (d) used grease is stored in impervious containers with tight fitting lids and secured in such a manner as to prevent spillage. 8(3) The operator of a food handling establishment shall ensure that outside garbage storage containers are (a) made of material that is durable, easily cleaned, and rodent and insect proof; (b) of a design that is rodent and insect proof; (c) kept in good repair; and (d) regularly emptied. 8(4) A public health inspector may require the operator of a food handling establishment to provide, for the storage of outside garbage containers, enclosed facilities that are (a) rodent and insect proof; and (b) resistant to entry by scavenging birds and mammals found in the area. M.R. 32/2009 Animals 9 No person in charge of a food handling establishment shall allow any live animals to enter or remain in the establishment with the exception of (a) a dog that serves as a guide or leader for a blind or deaf person; (b) edible fish, crustacea, shellfish or fish in aquariums; or (c) an animal in the custody of an abattoir operator for the purpose of slaughter. M.R. 67/2021 Change rooms and locker rooms 10 The owner of a food handling establishment shall provide adequate facilities for the storage of the personal wearing apparel of the staff. General sanitation 11(1) The operator of a food handling establishment shall ensure that (a) the establishment is maintained in good repair and kept clean; (b) toilet and handwashing facilities for the use of the staff are provided in a convenient, accessible location and are kept clean, sanitary and in good repair; (c) an adequate supply of hot and cold potable water is provided; and (d) an adequate supply of water at a temperature of not less than 50°C is provided for cleaning purposes. 11(2) The operator of a food handling establishment shall ensure that sawdust, wood shavings and similar materials are not allowed on the floors of the food handling establishment. 11(3) The operator of a food handling establishment shall ensure that (a) floors that are water-flushed or receive discharge of water or other fluid waste are graded and provided with a drain; (b) mats or duckboards are designed to permit easy removal and cleaning; and (c) wall and floor junctions are coved and sealed. Personnel 12(1) Every person working in a food handling establishment shall (a) maintain a high degree of personal cleanliness and conform to good hygienic practice during work periods; (b) wear clean outer garments and footwear; (c) not use tobacco in any form when engaged in food preparation or service, or while in equipment storage and utensil washing areas; (d) thoroughly wash his or her hands and exposed portions of the arms before work and as often as necessary to keep them clean; (e) consume food only in the designated areas where contamination of food, equipment or utensils is not likely; (f) while infected with a communicable disease or while carrying organisms that cause such a disease, not work in a food handling establishment in any capacity in which there is likelihood of contamination of food or food contact surfaces; and (g) while preparing food or washing utensils, wear a suitable hair covering or restraint to prevent direct or indirect contact of the hair with food, equipment or utensils. 12(2) [Repealed] M.R. 32/2009 M.R. 32/2009 Temperature control 13(1) Subject to subsection 34(2), and unless otherwise permitted by a public health inspector, the operator of a food handling establishment shall ensure that all potentially hazardous foods are maintained at an internal temperature not higher than 5°C or not lower than 60°C except during necessary periods of preparation. 13(2) The operator of a food handling establishment shall ensure that all potentially hazardous frozen foods are kept frozen. 13(3) The operator of a food handling establishment shall ensure that potentially hazardous foods are thawed (a) in refrigerated units at a temperature not to exceed 5°C; (b) under potable running water at a temperature of 21°C or lower with sufficient water velocity to agitate and float off loose food particles; (c) in a microwave oven only when the food will be immediately subjected to a cooking process; or (d) as part of the cooking process. 13(4) The operator of a food handling establishment shall ensure that each refrigerated room or space within the establishment is equipped with an accurate thermometer. 13(5) The operator of a food handling establishment shall ensure that each hot and cold food storage facility within the establishment is provided with an accurate thermometer. 13(6) The operator of a food handling establishment shall provide a thermometer for the measurement of temperatures in food and the cooking media. 13(7) A thermometer used for immersion into food or cooking media shall be an indicating metal stem type, numerically scaled accurate thermometer. M.R. 153/2013 Equipment 14(1) The operator of a food handling establishment shall ensure that all equipment and utensils which come into direct contact with food are made of safe, corrosion-resistant, non-absorbent, smooth, easily cleanable material (a) that does not impart to the food, odours, colour, taste, or a contaminant or other substance, organism or matter that could render the food unfit for human consumption; and (b) are maintained in a safe condition. 14(2) The operator of a food handling establishment shall ensure that (a) cutting blocks, cutting boards, salad bowls and baker's tables are made of hard maple or an equivalent non-absorbent material; and (b) potentially hazardous foods are not served on wooden boards or dishes. 14(3) The operator of a food handling establishment shall ensure that (a) unless designed for in-place cleaning, food contact surfaces shall be accessible for cleaning and inspection without being disassembled or by being easily disassembled; (b) floor-mounted equipment, unless readily movable, is sealed to the floor or installed in such a manner as to facilitate easy cleaning of the equipment and the floor, but in no case where the equipment is not sealed to the floor shall the clearance from the floor be less than 15 cm; (c) equipment containing bearings and gears requiring other than a food grade lubricant are designed and constructed so that the lubricant being used cannot come into contact with food or food contact surfaces; (d) aisles and working spaces between units of equipment and walls are unobstructed and of sufficient width to permit employees to perform their duties without contamination of food or food contact surfaces by clothing or personal contact; and (e) surfaces of equipment not intended for contact with food, but which are exposed to splash or food debris or otherwise require frequent cleaning are designed and fabricated to be smooth and easily cleanable and are kept clean and in good repair. 14(4) The operator of a food handling establishment shall ensure that food contact surfaces of equipment and utensils are thoroughly cleaned and sanitized after each usage or at suitable intervals. 14(5) Articles and operations not related to the operation of the food handling establishment or the storage and preparation of food are not permitted in a food handling establishment. M.R. 32/2009 Cleaning and sanitizing 15(1) The operator of a food handling establishment shall ensure that utensils after being cleaned are sanitized by one of the following methods: (a) immersion for the stated period in a sanitizing solution containing (i) at least 50 ppm of available chlorine at a temperature not less than 24°C for at least one minute, or (ii) at least 12.5 ppm of available iodine in a solution having a pH range which the manufacturer has demonstrated to be effective at a temperature of at least 24°C for at least one minute, or (iii) water at a temperature of at least 77°C for at least 30 seconds; or (b) treatment with any other chemical or physical method acceptable to the director and under such terms and conditions as specified by the director. 15(2) All cleaned and sanitized utensils and equipment shall be air-dried and stored in a sanitary manner. 15(3) The operator of a food handling establishment shall ensure that single service articles are used where facilities for washing and sanitizing are not provided. 15(4) Unless otherwise approved by the director or a public health inspector, the operator of a food handling establishment shall provide a non-corrodible three-compartment sink of sufficient size to accommodate each utensil and it shall be used where the cleaning and sanitizing of the utensils is conducted manually. 15(5) The operator of a food handling establishment shall ensure that drain boards or easily movable utensil tables of adequate size are provided for proper storage and handling of soiled and cleaned utensils. 15(6) The operator of a food handling establishment shall ensure that (a) dish tables or drainboards are non-corrodible and of sufficient size for the handling of soiled and cleaned utensils; (b) sinks and drainboards are self-draining; and (c) where a three-compartment sink is used for washing and sanitizing of utensils, the utensils are (i) washed in the first compartment of the sink, which shall contain a clean, hot detergent solution, (ii) rinsed in the second compartment of the sink, which shall contain clean, warm water, and (iii) sanitized in the third compartment of the sink. 15(7) The operator of a food handling establishment shall ensure that (a) cloths used for wiping food contact surfaces shall be used for no other purpose and shall be clean and stored in a sanitizing solution; (b) food contact surfaces of cleaned and sanitized equipment and utensils shall be handled in such a manner so as to be protected from contamination; and (c) single-service utensils and cleaned and sanitized portable equipment shall be stored above the floor in a clean, dry location, so that food contact surfaces are protected from contamination. M.R. 32/2009 Lighting 16 The operator of a food handling establishment shall ensure that (a) a permanently fixed artificial light source is installed to provide at least 215 lx of light on all food preparation surfaces, equipment or utensil washing work areas; (b) a permanently fixed artificial light source is installed to provide, at a distance of 76 cm from the floor, a minimum of 215 lx of light in utensil and equipment storage areas, lavatory and toilet areas, dry food storage areas, and dining areas during cleaning operations; (c) a permanently fixed artificial light source is installed to provide, at a distance of 76 cm from the floor, a minimum of 108 lx of light in walk-in refrigerator and freezer units; (d) lights are shielded to protect food from broken glass in all food preparation areas; and (e) lights are shielded to protect food from broken glass where lights are located over unprotected food or food processing, packaging, or serving lines or where any other hazard might exist. Milk 17 No person shall utilize, in any way for food, in a food handling establishment, milk or milk products unless the milk or milk products have been pasteurized. Ventilation 18(1) The operator of a food handling establishment shall ensure that all rooms have sufficient ventilation to keep them free of excessive heat, steam, condensation, vapours, obnoxious odours, smoke and fumes. 18(2) The operator of a food handling establishment shall ensure that the establishment is provided with ventilation in conformance with the Manitoba Building Code , as amended from time to time. 18(3) Where grease laden vapours are produced, the operator of the food handling establishment shall ensure that the installation of ventilation exhaust equipment fully complies with the National Fire Protection Association Publication 96 (latest edition) as required in the Manitoba Building Code and the Manitoba Fire Code , as amended from time to time. 18(4) The operator of a food handling establishment shall ensure that hoods, canopies, filters and like devices are designed, installed and maintained so as to prevent grease or condensation from collecting on walls and ceilings and from dripping into food or onto food contact surfaces and are kept clean. Abattoirs — ante-mortem inspections 19(1) An abattoir operator must not slaughter an animal unless (a) in the 24-hour period before the slaughter, a health officer has approved the slaughter after conducting an inspection of the abattoir and the animal; and (b) the abattoir operator complies with any requirements the officer considers necessary for the purposes of food safety or animal welfare. 19(2) A health officer who does not approve of a slaughter under subsection (1) may condemn the animal or require the abattoir operator to hold the animal for further inspection. 19(3) A health officer who condemns an animal under subsection (2) may direct the abattoir operator to euthanize the animal and dispose of its carcass, and the abattoir operator must comply with any requirements considered necessary by the officer. 19(4) A health officer who conducts a further inspection under subsection (2) may (a) approve of the slaughter of the animal, in which case subsection (1) applies, with necessary changes; or (b) condemn the animal, in which case subsection (3) applies, with necessary changes. M.R. 42/2013 ; 67/2021 Abattoirs — post-mortem inspections 19.1(1) After slaughtering an animal under section 19, an abattoir operator must not use the animal's carcass (or allow it to be used) as meat or to produce a meat product unless a health officer has first approved the carcass for such use after completing a post-mortem inspection of the carcass and viscera. 19.1(2) A health officer may impose any conditions on an approval under subsection (1) that they consider necessary. 19.1(3) A health officer who approves a carcass under subsection (1) may tag, label or stamp the carcass or its packaging as being or containing an inspected carcass, or require the abattoir operator to tag, label or stamp the carcass or its packaging as being or containing an inspected carcass. 19.1(4) A health officer who does not approve a carcass under subsection (1) may (a) condemn the carcass, in which case the abattoir operator must dispose of the carcass as directed by the health officer; or (b) conduct a further inspection of the carcass. 19.1(5) A health officer who conducts a further inspection under clause (4)⁠(b) may (a) approve the carcass, in which case subsections (2) and (3) apply, with necessary changes; or (b) condemn the carcass, in which case clause (4)⁠(a) applies, with necessary changes. M.R. 67/2021 Sources for food safety and animal welfare 19.2(1) When inspecting an animal for slaughter or giving directions to an abattoir operator under sections 19 and 19.1, a health officer may take into account (a) any principles, standards or processes set out in a current or former policy of the Canadian Food Inspection Agency for food safety and animal welfare; and (b) the religious beliefs or cultural practices of the abattoir operator or their intended customers in relation to the slaughter. 19.2(2) For certainty, subsection (1) does not limit the discretion of a health officer in undertaking an inspection or making an approval. M.R. 67/2021 Exemption for personal use 19.3 Despite sections 19 and 19.1, a person may slaughter and eviscerate an animal for personal consumption without inspection if the slaughter and evisceration take place on the person's property. M.R. 67/2021 Meat from an approved facility 20(1) No person shall sell, attempt to sell, advertise for sale, or display for sale any meat or meat products unless the meat has been inspected and approved in an establishment operated in accordance with the Safe Foods for Canadians Act (Canada) or an abattoir operated under a permit issued under this regulation. 20(2) Subject to sections 21, 22 and 23, the owner, proprietor or person in charge of a food handling establishment must not allow meat or a meat product to be brought into or to remain within the food handling establishment unless the meat or meat product has been inspected and approved in an establishment operated in accordance with the Safe Foods for Canadians Act (Canada) or an abattoir operated under a permit issued under this regulation. 20(3) No person shall utilize, in any way for food, in a food handling establishment, meat or meat products, unless the meat has been inspected and approved in an establishment operated in accordance with the Safe Foods for Canadians Act (Canada) or an abattoir operated under a permit issued under this regulation. M.R. 42/2013 ; 67/2021 Meat from game animals or game birds 21(1) The director may grant permission for food handling establishments to handle and serve meat from game animals or game birds for special occasions or under special circumstances subject to such terms and conditions as the director may prescribe. 21(2) Despite section 23, the meat from game animals or game birds may be present in a meat processing plant if (a) the meat is received directly from the owner for processing; (b) the meat or meat products are returned only to the owner; (c) the meat is stored and processed entirely separate from all other meat or meat products; and (d) the meat or meat products are clearly labelled denoting the species and the name of the owner. M.R. 32/2009 ; 67/2021 Storage of uninspected meat 22 No person shall store, in a food handling establishment, meat or meat products not inspected pursuant to the Safe Foods for Canadians Act (Canada) or this regulation, unless (a) the permit for the food handling establishment authorizes the operator to rent a frozen food locker to an individual to store meat or meat products for that individual's personal use; and (b) the meat or meat products are stored in accordance with the permit. M.R. 32/2009 ; 67/2021 Processing of uninspected meat 23(1) No person shall operate a meat processing plant which processes uninspected meat unless (a) the person is in possession of a valid and subsisting permit issued by the director; (b) the meat is received directly from the owner for processing; (c) the meat or meat products are returned directly to the owner; (d) the meat or meat products are stored and processed separately from all inspected meat and meat products; (e) the meat or meat products are clearly labelled "uninspected" with the name and address of the owner; and (f) such other conditions as are set out by the director on the permit to ensure the intent of clauses (a) to (e), are met. 23(2) The director, upon receipt of an application for a permit to operate an uninspected meat processing plant, may require the applicant to provide such plans, equipment lists, specifications and operating procedures as the director considers necessary. M.R. 67/2021 Refusing or suspending operating permit 24 The director may refuse to issue an operating permit or may suspend an operating permit if the uninspected meat processing plant is not in compliance with the provisions of this regulation. M.R. 67/2021 Other requirements for uninspected meat 25 No person shall operate a meat processing plant which processes uninspected meat and does not comply with Schedule B. M.R. 67/2021 Sale of uninspected poultry 26 For certainty, sections 19 and 20 do not apply to the sale of poultry directly to a consumer in accordance with section 7.4 of the Poultry Products Regulation . M.R. 36/2025 Peddling and hawking 27(1) No person shall peddle or hawk meat, fish or other potentially hazardous foods without first obtaining a permit from the director or a public health inspector or without having that permit in his or her possession. 27(2) No person shall peddle or hawk uninspected meat. M.R. 32/2009 ; 67/2021 Manufacturing of ice 27.1 No person shall manufacture ice for human consumption unless the water used in its manufacture is obtained from a licensed "public water system" or a licensed "semi-public water system", as those terms are defined in The Drinking Water Safety Act . M.R. 32/2009 Dispensing of ice 27.2(1) No person shall operate an ice-making machine for the dispensing of ice cubes to the public unless the machine is manufactured, installed and maintained in accordance with the latest edition of standard number 12, for automatic ice-making equipment, published by the National Sanitation Foundation International. 27.2(2) All scoops, ice buckets and containers that are provided to the public for handling or storing ice cubes dispensed from ice-making machines must (a) be of smooth and impervious material designed to facilitate cleaning, unless they are single-service and disposable; and (b) be kept clean and stored and handled in a sanitary manner. M.R. 32/2009 Transportation 28(1) Every person transporting food to or from food handling establishments for commercial purposes shall ensure that the food is protected from contamination. 28(2) Every person transporting potentially hazardous foods for commercial purposes shall ensure that the food is kept at a temperature not higher than 5°C or not lower than 60°C. 28(3) Every person transporting potentially hazardous frozen foods for commercial purposes shall ensure that the food is kept frozen. 28(4) No person shall transport domestic class pesticides with food products unless the pesticides and food are effectively separated and there is no likelihood of contamination. 28(5) No person shall transport commercial, agricultural or restricted class pesticides or other hazardous materials with food. Hazardous products 29(1) No person shall store poisonous or toxic materials in a food handling establishment except where those products are used to maintain the establishment in a sanitary condition or for the sanitization of equipment and utensils or where the product is intended for retail sale. 29(2) The operator of a food handling establishment shall ensure that those toxic and poisonous materials in his or her establishment are distinctly labelled or marked for easy identification. 29(3) The operator of a food handling establishment shall ensure that poisonous and toxic materials not intended for retail sale are not stored in food storage, preparation and display areas and rooms where cleaned equipment and utensils are kept. 29(4) The operator of a food handling establishment shall ensure that sanitizing agents and cleaning compounds not intended for retail sale are not stored in the same cabinet or area of the room with pesticides or other poisonous materials. 29(5) The operator of a food handling establishment shall ensure that poisonous and toxic materials are not used in any manner which may contaminate food equipment or utensils or constitute a hazard to employees or consumers. 29(6) No person shall store personal medications in a food preparation, food storage or food service area. Salvage 30 No person shall remove, sell or otherwise dispose of any food that has been salvaged from fires, floods, or any other disaster without first obtaining the permission of the director, a public health inspector or another authorized representative of the minister. PART II FOOD PROCESSING AND FOOD SERVICE ESTABLISHMENTS Application 31 This Part applies to all food processing and food service establishments, in addition to Part I. Requirements 32(1) The operator of a food service or food processing establishment shall ensure that the floors of all food preparation, food storage, utensil washing rooms and areas, walk-in refrigerators, locker rooms, and toilet rooms are constructed of impervious, durable materials and are kept in good repair and kept clean. 32(2) Close-woven carpeting is permitted in food service establishments, except in food preparation, food storage and equipment and utensil washing areas. 32(3) The operator of a food service establishment or food processing establishment shall ensure that dustless methods of cleaning are used except in emergency situations and that any cleaning is done when the least amount of food is exposed. 32(4) The operator of a food service establishment or food processing establishment shall ensure that (a) walls, partitions and ceilings in all food preparation and utensil washing areas are smooth, non-absorbent, and easily cleanable, and are kept clean and in good repair; (b) studs, joists and rafters are not exposed in walk-in refrigeration units, food preparation areas, equipment washing and utensil washing areas; and (c) equipment and materials attached to walls or ceiling are clean and kept in good repair. 32(5) Where a food service establishment or food processing establishment is part of a private dwelling, or is an extension of a private dwelling (a) the establishment shall be separated from the private residence by a solid wall and a full self-closing door; and (b) unless otherwise approved by a public health inspector, the food, storage, processing and cooking facilities for the food establishment shall be separate from those for the private dwelling. 32(6) No person shall have sleeping facilities in a room in which food is prepared, processed, cooked, packaged, served or stored, but serving of individual portions of food in rooms in a hotel, motel or like establishment is permitted. 32(7) The operator of a food processing establishment or food service establishment shall ensure that no unauthorized persons are allowed in food preparation areas. Sanitary facilities 33(1) The operator of a food service establishment or food processing establishment shall ensure that (a) in new or re-constructed establishments, toilet facilities for patrons are provided in compliance with the Manitoba Building Code , as amended from time to time; (b) separate handwashing facilities conveniently located in the food preparation area are provided for employees; (c) sink compartments used for food preparation are not used for handwashing; (d) each handwashing facility is provided with hot and cold water under pressure and tempered by a mixing valve or combination faucet; (e) self-closing, slow-closing or metering faucets are provided to supply a flow of water for at least 15 seconds without reactivation; and (f) a supply of hand-cleaning soap or detergent is provided at each lavatory and a supply of sanitary towels or a hand-drying device providing heated air is also provided and located near each facility. 33(2) Notwithstanding subsection (1), requirements for sewer and water and lavatory facilities in remote areas shall be at the discretion of the public health inspector. 33(3) The operator of a food service establishment or food processing establishment shall ensure that common towels are not used in the establishment. 33(4) Where disposable towels are used, the operator of the food service establishment or food processing establishment shall provide easily cleanable, conveniently located waste receptacles. Food preparation and display 34(1) The operator of a food processing establishment or food service establishment shall ensure that (a) raw fruits and vegetables are thoroughly washed before being cooked or served; (b) unless otherwise approved by a public health inspector, (i) eggs, meat, whole poultry, poultry products, ground poultry, food mixtures containing poultry, and potentially hazardous foods are cooked throughout to reach a minimum internal temperature of 82°C for at least 15 seconds, with no interruption of the initial cooking process, (ii) all pre-cooked, refrigerated or frozen potentially hazardous food to be reheated is rapidly heated to reach a minimum internal temperature of 74°C for at least 15 seconds before placement in a hot food storage facility, (iii) ground red meats, including sausages made with red meat, and mechanically tenderized beef, are cooked to reach a minimum internal temperature of 71°C for at least 15 seconds, with no interruption of the initial cooking process, (iv) whole cuts of red meat that have not been mechanically tenderized are cooked to reach a minimum internal temperature of 63°C for at least 3 minutes, with no interruption of the initial cooking process, and (v) fish is cooked to reach a minimum internal temperature of 70°C for at least 15 seconds with no interruption of the initial cooking process, unless it is fish that is intended to be consumed raw, including raw-marinated and partially cooked fish; and (c) bulk food, not stored in the container or package in which it was obtained, is stored in a container identifying the food by its common name. 34(2) Rare beef may be cooked and stored at a minimum internal temperature of 55°C. M.R. 147/2016 Food hygiene 35(1) The operator of a food service or food processing establishment shall ensure that (a) subject to clause (b), food once served to a consumer is not served again; and (b) wrapped food which is still wholesome and has not been unwrapped, other than potentially hazardous food, may be re-served. 35(2) The operator of a food service or food processing establishment shall ensure that (a) single-service articles are used only once and then discarded; and (b) single-service articles are handled and dispensed in a manner that prevents contamination of surfaces which may come in contact with food or with the mouth of the user. M.R. 67/2021 Dishwashers and glasswashers 36(1) The operator of a food service establishment shall ensure that all tableware is cleaned and sanitized after each use. 36(2) Unless otherwise approved by a public health inspector, all dishwashers and glasswashers used in a food handling establishment shall bear a National Sanitation Foundation certification. 36(3) Where mechanical dishwashers or glasswashers are used, the operator of the food handling establishment shall ensure that the machine is capable of (a) physically cleaning all utensils and tableware to the satisfaction of the public health inspector; (b) sanitizing all utensils and tableware by (i) rinsing the clean utensils or tableware with a solution of at least 50 ppm of available chlorine at a temperature of at least 24°C for sufficient time to provide effective sanitation but not less than 20 seconds, (ii) rinsing the clean utensils or tableware with a solution containing at least 12.5 ppm of available iodine and having a pH range which the manufacturer has demonstrated to be effective at a temperature of at least 24°C for sufficient time to provide effective sanitation, but not less than 20 seconds, (iii) raising the surface temperature of the utensils or tableware to a temperature of 71°C for at least 10 seconds, or (iv) treatment with any other chemical or physical method acceptable to the director and under such terms and conditions as specified by the director; and (c) automatically dispensing all chemicals utilized for sanitation purposes. 36(4) Every dishwashing or glasswashing machine shall be thoroughly cleaned at the end of each day's operation or as often as necessary to maintain it in a satisfactory condition. Temporary food service establishments 37 Notwithstanding any other requirement of this regulation, the operator of a temporary food service establishment shall comply with the following requirements: (a) the processing of potentially hazardous food on the premises is prohibited; (b) potentially hazardous food shall be maintained at temperatures of 5°C or lower, or 60°C or higher; (c) subject to clause (d), wet storage of packaged food and beverages is prohibited; (d) wet storage of pressurized beverage containers is permitted when (i) the water contains a minimum chlorine residual of 50 ppm, and (ii) the ice water is changed frequently enough to keep both the water and the container clean; (e) only single-service eating and drinking utensils shall be used; (f) food contact surfaces of food preparation equipment shall be protected from contamination; (g) adequate and properly constructed equipment shall be installed in such a manner that the facilities can be kept clean and food will not become contaminated; (h) an adequate supply of potable water shall be provided for drinking, food preparation, cleaning and handwashing; (i) liquid waste shall be disposed of in such a manner as not to create a health hazard; and (j) garbage and rubbish shall be stored in tightly covered, water-tight washable containers or other water-tight receptacles. M.R.

32/2009 Mobile food units 38 The operator of a mobile food unit shall comply with the following requirements: (a) mobile food units serving only food prepared and packaged in individual servings and transported and stored under conditions meeting the requirements of this regulation, or beverages that are dispensed from covered containers or other protected equipment, need not comply with the requirements of this regulation pertaining to the necessity of water and sewage systems, nor to those requirements pertaining to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitizing exists at the commissary; (b) mobile food units shall provide only single-service utensils for use by the customer; (c) a mobile food unit requiring a water system shall comply with all applicable requirements of this regulation; (d) liquid wastes resulting from the operation of a mobile food unit shall be stored in a permanently installed retention tank with a capacity at least 15% larger than the water supply tank; (e) liquid waste shall not be discharged from the retention tank when the mobile food unit is in motion; (f) all connections on the vehicle for servicing mobile food unit waste disposal facilities shall be of a different size than those used for supplying potable water to the mobile food unit; and (g) the waste connection on mobile food units shall be located lower than the water inlet connection to preclude contamination of the potable water system. SCHEDULE A [Repealed] M.R. 32/2009 SCHEDULE B UNINSPECTED MEAT PROCESSING PLANTS OPERATING CONDITIONS 1. Conditions set forth in this regulation shall be used as the basis for approval of the building construction and finishing, equipment used and in the operation of an uninspected meat processing plant. 2. A written record of uninspected animals or portions thereof which are received for processing shall be maintained in an accurate, current and continuing manner, including the date of receipt and return to the owner. This record shall be available for examination by officials authorized by the minister. 3. A legible and readily visible tag, label or stamp shall be affixed to each carcass, portion thereof, and packaged product identifying it as "Uninspected", and providing the name and address of the owner of the meat. 4. A separate section of the refrigerated holding facilities shall be used for the exclusive storage of uninspected product prior to and after processing. The designation and identification of these areas shall be clearly established with signs or in some other manner acceptable to the authorized departmental representative. Adequate storage areas for both inspected and uninspected product shall be provided. 5. A clearly defined and exclusive period for the processing of uninspected meat shall be set aside during which period only uninspected product will be present in the processing area. 6. All utensils and equipment, including work surfaces, used in the processing of uninspected meat or meat products shall be thoroughly cleaned and sanitized at the completion of the processing of uninspected meat or meat products.