Note: Since the end of 1998, Ontario Regulation 403/97 has been amended by Ontario Regulations 152/99 and 278/99. Previous amendments are listed in the Table of Regulations in the Statutes of Ontario, 1998.

1. Article 1.1.3.2. of Ontario Regulation 403/97 is amended by adding the following definition:

   Food premise means a floor area where food or drink for human consumption, or an ingredient of food or drink for human consumption, is manufactured, processed, prepared, stored, displayed, handled, served, distributed, sold or offered for sale, but does not include:

   (a) a private residence;

   (b) a boarding house that provides meals for fewer than ten boarders;

   (c) a building to which Regulation 554 or 568 of the Revised Regulations of Ontario, 1990 applies;

   (d) a plant, as defined in the Milk Act , that is required to be operated under the authority of a licence issued under that Act;

   (e) a plant, as defined in the Meat Inspection Act , that is required to be operated under the authority of a licence issued under that Act;

   (f) an egg-grading station or a processed egg station that is required to be operated under the authority of a licence issued under the Livestock and Livestock Products Act ;

   (g) a floor area occupied by a church, service club or fraternal organization for the purpose of:

   (i) preparing meals for special events for its members and personally invited guests, or;
   (ii) conducting bake sales, or;

   (h) a farm building.

   
   

2. Article 3.7.4.15. of the Regulation is revoked and the following substituted:

   3.7.4.15. Reserved

3. Section 3.7 of the Regulation is amended by adding the following Subsection:

   3.7.6. Food Premises

   3.7.6.1. Application

   (1) The requirements of this Subsection apply to all food premises .

   3.7.6.2. Room Finishes

   (1) Except as provided in Sentence (2), floors and floor coverings shall be tight, smooth and non-absorbent in rooms where:

   1. food or drink for human consumption, or an ingredient of food or drink for human consumption, is manufactured, processed, prepared, stored, displayed, handled, served, distributed, sold or offered for sale;

   2. utensils are washed; or

   3. washing fixtures or toilet fixtures are located.

   
   (2) Carpeting may be used in areas where food is served.

   (3) Wall and ceiling finishes of rooms and passageways shall be easy to clean.

   3.7.6.3. Location of Plumbing Fixtures

   (1) A room containing a water closet shall be located where:

   1. it does not open directly into any room or area where food or drink for human consumption, or an ingredient of food or drink for human consumption, is intended to be stored, prepared, processed, distributed, served, sold or offered for sale; and

   2. it is not necessary for the public to go through the food preparation areas to gain access to the plumbing fixtures .

   (2) Except as permitted in Sentence (3), a room containing plumbing fixtures for the public and employees in a restaurant shall be located in the restaurant

   (3) A room containing plumbing fixtures for the public in Sentence (2) need not be located in the restaurant if:

   1. the room is located in the building containing the restaurant; and

   2. the distance of travel between the restaurant and the room is not more than 45 m.

   
   3.7.6.4. Lavatories, Appliances and Sinks

   (1) A separate lavatory for the handwashing of employees shall be constructed in a location convenient for employees in each manufacturing, processing and preparation area.

   (2) If equipment and facilities for the cleaning and sanitizing of utensils are provided, they shall consist of:

   1. mechanical equipment; or

   2. drainage racks of corrosion-resistant materials and;

      (i) a three-compartment sink or three sinks; or
      (ii) a two-compartment sink or two sinks, where the first compartment or sink can be used effectively for washing and rinsing and the second compartment or sink can be used effectively for sanitizing.

   (3) A retail food premise is exempt from compliance with this Article if its eating and drinking area does not exceed 56 m² and any one or more of the following applies:
   1. it is designed to sell only cold drinks in or from the original container;

   2. it is designed to sell only frozen confections in the original package or wrapper;

   3. it is designed to prepare and sell only hot beverages;

   4. it is designed to prepare and sell only popped corn, roasted nuts or french-fried potatoes;

   5. it is designed to sell only food or drink for human consumption that:

      (i) is pre-packaged at a premise other than the food premise at which it is being offered for sale; and
      (ii) is not capable of supporting the growth of pathogenic organisms or the production of the toxins of such organisms.

   
   3.7.6.5 Hot and Cold Water Supply

   (1) A hot and cold water supply shall be provided to:

   1. every plumbing appliance and fixture required by Article 3.7.6.4.;

   2. every area where food or drink for human consumption, or an ingredient of food or drink for human consumption, is manufactured, processed or prepared; and

   3. every area where utensils are washed.

   (2) This Article does not apply to a retail food premise described in Sentence 3.7.6.4.(3).
   

   
   3.7.6.6. Employee Facilities

   (1) In a food premise , where dressing rooms are provided for employees, there shall be separate dressing rooms for males and females that:<

   1. are large enough for the employees to change and store their clothing; and

   2. are equipped with lockers or other facilities suitable for storing the clothing of the employees.

   (2) Every room containing sanitary units for employees shall have a floor area not less than 2.3 m².
   

   3.7.6.7. Sleeping Quarters

   (1) A room or space intended to be used as sleeping quarters shall not open directly into any room where food or drink for human consumption, or an ingredient of food or drink for human consumption, is manufactured, processed, prepared, stored, displayed, handled, served, distributed, sold or offered for sale.

    

4. Subsection 9.1.1. of the Regulation is amended by adding the following Article:

   9.1.1.6. Food Premises

   (1) The requirements of Subsection 3.7.6. apply to all food premises .

    

5. This Regulation comes into force on March 5, 2000.

This document is prepared for purposes of convenience only, and for accurate reference recourse should be had to the Official Volumes.