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Food Safety Regulations

made under

Section 105 of the

Health Protection Act

S.N.S. 2004, c. 4

O.I.C. 2005-458 (October 14, 2005, effective November 1, 2005), N.S. Reg. 206/2005

amended to O.I.C. 2026-30 (effective April 1, 2026), N.S. Reg. 30/2026

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Interpretation and Application

Citation

Definitions

Application of regulations

Codes of practice established by Minister

Food Establishment Permits and Inspections

Class of permits

Application for permit

Temporary food service event permit

Notification receipts

Temporary food service events

Permit non transferable

Form and posting of permit

Renewal of Permit

Non-issuance of permit

Suspension or revocation

Appeal to Minister about food establishment permit decision

Appeal panel

Review by appeal panel and recommendations to Minister

Decision of appeal

Complying with inspector

Inspection services

Inspection reports available

Design and Construction of Food Establishments and Equipment

Construction or renovation of food establishment

Design and construction

Washroom facilities

Living and sleeping quarters

Design, construction, installation and maintenance of equipment

Equipment for waste and recyclables

Food Establishment Personnel

Illness of personnel

Notification of medical officer

Personnel policies and procedures

Food hygiene training

Controlling Hazards to Food Safety

Maintenance, cleaning, and sanitation programs

Source and types of food

Control of meat

Food temperature controls

Care of food and food ingredients

Quality assurance systems

Deviation or defect in quality assurance system

Maintenance of quality assurance system records

Serving and re-selling unused food

Live animals not permitted in food establishments

Testing, Inspection and Contaminated Food

Sampling and testing food

Inspector detaining and condemning foods

Provision of samples to an inspector

Recall of food

Contaminated or adulterated food

Packaging, Storing and Transporting Food

Labelling and packaging food

Storing and transporting food

Storing food ingredients and food packaging

Storage of articles not used in food preparation or processing

Interpretation and Application

Citation

1 These regulations may be cited as the Food Safety Regulations .

Definitions

2 In these regulations,

“accredited laboratory” means a laboratory that has received formal recognition of

technical competence to perform specific types of testing or measurement;

“Act” means the Health Protection Act ;

“adulteration” means the addition of any foreign or inferior substances to a food or

food ingredient that makes it corrupt, debased, or impure;

“consultant inspection services” means inspections that are conducted by the

Department on the request of an operator;

“contamination” means exposure of food to conditions that permit or may permit

the introduction or the occurrence of any of the following:

(

i) a disease-causing microorganism or parasite,

(ii) any biological or chemical agent,

(iii) foreign matter, residue, drugs or any other substance that may

compromise food safety;

“Department” means the Department of Environment;

“edible” means fit for human consumption regardless of whether the food requires

preparation before being eaten or is ready to eat;

“food additive” has the same meaning as in Part B of the Food and Drug

Regulations (Canada);

“food animal” means a ruminant, porcine, ratite or a domesticated rabbit, bird or

other animal whose meat is intended for human consumption;

“food bank” means a not-for-profit organization that accepts donated food and

operates with the exclusive intent of distributing food for the relief of poverty, and

receives, holds, packages, repackages or distributes food to be consumed off the

premises, but does not process or serve food;

“food hygiene training program” means a certificate training program recognized

by the department which outlines food safety principles and has expiry and renewal

requirements;

“hold tag” means a tag applied to food to indicate that the food has been held,

detained or condemned by an inspector;

“HST” means harmonized sales tax;

other province or territory or an official agency of those governments under whose

authority food safety standards are established or enforced;

“low-risk food” means food that is not potentially hazardous food;

“notifiable disease or condition” means a notifiable disease or condition as defined

Part 1 of the Act;

“notification receipt” means a permit issued in accordance with

Section 6B that a

notification has been received;

“notifier” means a person who submits a notification;

“operator” means a person who holds a permit to operate a food establishment;

“potable”, in relation to water, means water that is safe to drink and meets the

requirements of the Guidelines for Canadian Drinking Water Quality published by

the federal Department of Health;

“potentially hazardous” means having the potential to support the growth of

pathogenic microorganisms or the production of toxins;

“product” means a food product that is processed or derived in whole or in part

from a specified food and that is intended for human consumption;

“process” means to substantially change or alter the appearance or nature of a food,

to combine with an ingredient or additive or to make foods ready-to-eat;

“ready-to-eat food” means a food that is

(

i) normally consumed without washing, cooking or other preparation,

(ii) prepared into a form in which it is consumed without further

processing;

“restaurant” means a food establishment that for all or part of the year operates in a

fixed location and is engaged in providing food services to patrons who

(

i) order and are served while seated and pay after eating, or

(ii) pay before eating on the premises after ordering or selecting items at

(

A) a counter,

(

B) a food bar, or

(

C) a cafeteria line;

“sanitize” means to reduce the number of micro-organisms to a level that does not

compromise food safety by means of a chemical agent or physical method;

“service dog” means a service dog as defined in the Service Dog Act ;

“smoke” includes to inhale or exhale smoke from, burn, carry, hold or otherwise

have control over a lit or heated cigarette, cigar, pipe, water pipe, electronic

cigarette or other device that burns or heats tobacco or another substance that is

intended to be smoked or inhaled;

“soup kitchen” means a not-for-profit organization that operates with the exclusive

intent of distributing food for the relief of poverty, and receives, holds and

processes food to be served or consumed on the premises;

“temporary food service event” means a booth or structure erected to provide a

food service in conjunction with a single event that operates over a limited time in

the same location;

“wildlife” means wildlife as defined in the Wildlife Act .

Application of regulations

(1) These regulations apply to all food establishments except for all of the following:

(

a) a dwelling in which food is produced for sale at a public market, temporary

food service event, bake sale or directly to the final consumer where

(

i) the end product

(

A) does not contain ingredients capable of supporting the growth

of infectious or toxigenic microorganisms, including meat, fish,

dairy or egg products, and

(

B) has a high salt or sugar content, low moisture content or a low

pH that inhibits the growth of disease-supporting

microorganisms, and

(ii) any dairy or egg products used in baked or other goods have a high

salt or sugar content, low moisture content or a low pH that inhibits

the growth of disease-supporting microorganisms;

(

b) a premises that offers only fresh, whole, unprocessed fruit and vegetables

cut for harvest;

(

c) a premises that offers only food that is prepackaged at a facility subject to

inspection and is not potentially hazardous;

(

d) a private residence where the owner offers overnight accommodation used

mainly for the reception of the travelling or vacationing public and serves

breakfast only;

(

e) a food establishment in which food is prepared and served by a religious or

not-for-profit organization for functions or gatherings, but these regulations

do apply if a function or gathering is held in conjunction with and at the site

of a fair, exhibition, festival or other temporary food service event;

(

f) a meat plant that is licensed and inspected under the Meat Inspection Act

(Nova Scotia) or Safe Food for Canadians Act (Canada);

(fa) a meat processing plant that is licensed and inspected under the Safe Food

for Canadians Act (Canada);

(

g) a part of a fish or fish products processing facility that is registered, licensed

and operated under the Fisheries and Coastal Resources Act and the Fish

Inspection Regulations made under that Act;

(

h) a part of a food processing plant that manufactures, packages, labels or

stores food and

(

i) does not provide food directly to the consumer, and

(ii) is licensed and inspected under the Food and Drugs Act (Canada) or

the Safe Foods for Canadians Act (Canada);

(

i) a premises that is operated solely for the purposes of cutting, processing or

packaging wildlife;

(

j) a child-caring facility, long-term care facility or home for special care that is

exempted by the Administrator;

(

k) a catering operation that prepares food in a private residence to be

consumed by occupants and their guests;

(

l) a food bank or soup kitchen;

(

m) a business that provides customers with complimentary low-risk food, but is

not otherwise engaged in food handling.

(2) [repealed]

(3) The Administrator may exempt an operator who holds a permit for a type or class

of food establishment from any provision of these regulations.

Codes of practice established by Minister

(1) The Minister may establish codes, standards and guidelines to support and give

direction to food establishments in interpreting and complying with these

regulations.

(2) If there is a conflict between a code, standard or guideline established under this

Section and the provisions of the Act and these regulations, the Act and these

regulations prevail.

Food Establishment Permits and Inspections

Class of permits

(1) Classes of permits, the expiry dates for permits and the fees prescribed for permits

are as set out in the following table:

Class of Permit

Term of Permit

Fee for Permit

(plus HST)

temporary food service event

1 day to 14 days

$21.93

eating establishment

1 year

$193.56

eating establishment seasonal

6 months or less

$77.40

foodshop

1 year

$77.40

foodshop seasonal

6 months or less

$38.70

mobile: class 1

1 year

$193.56

mobile: class 2 or 3

1 year

$77.40

public market

1 year

$38.70

(2) Permit fees are waived for any of the following establishments if they are not

contracted to an outside body and food is provided directly by the facility:

(

a) a public hospital;

(

b) a facility that provides supervisory or personal care to individuals, including

nursing homes and residential care facilities under the Homes for Special

Care Act ;

(

c) a facility licensed under the Early Learning and Child Care Act ;

(

d) public schools within the meaning of the Education Act and the Conseil

scolaire acadien provincial Act ;

(

e) a correctional facility within the meaning of the Correctional Services Act ;

(

f) recreational camps within the meaning of the Recreational Camps

Regulations made under the Act.

(3) Permit fees are waived for all of the following applicants:

(

a) public market organizers;

(

b) temporary food service event organizers.

Application for permit

6 Except as provided in

Section 6A, a person must submit an application for a permit to

the Administrator in a form prescribed by the Administrator and the application must

include all of the following:

(

a) the applicable fee prescribed in

Section 5;

(

b) any reasonable information required by the Administrator;

(

c) the plans and specifications of the food establishment required by

Section

18A.

Temporary food service event permit

6A

(1) To obtain a temporary food service event permit, a person must notify the

Administrator, in writing and in the form prescribed by the Administrator, of the

upcoming event and include all of the following in the notification:

(

a) their contact information, including

(

i) name,

(ii) address,

(iii) email address, and

(iv) telephone number;

(

b) the location of the event;

(

c) for an incorporated entity, proof of current registration with the Registrar of

Joint Stock Companies;

(

d) the dates that the temporary food service event will take place;

(

e) a sworn statement signed by the notifier stating all of the following:

(

i) that the notifier knows and understands the regulations, standards and

guidelines that apply to a temporary food service event,

(ii) that the notifier will carry out the temporary food service event in

compliance with the Act, and the applicable regulations, standards

and guidelines.

(

f) any additional relevant information the Administrator requires to make their

decision.

(2) A notification must be submitted before the date the temporary food service event

is to begin, in accordance with the standards established by the Minister under

Section 4.

(3) A person must not begin a temporary food service event before obtaining a

notification receipt under

Section 6B.

Notification receipts

6B

(1) The Administrator must provide a notification receipt to a notifier who submits a

temporary food service event notification in accordance with

Section 6A.

(2) A notification receipt is proof of notifying the Department and may include any

(3) The Administrator may cancel a temporary food service event notification receipt

for any of the following reasons:

(

a) any of the reasons listed in subsection 83(1) of the Health Protection Act for

cancelling a permit;

(

b) the notifier fails to comply with the Act, a regulation or a standard;

(

c) the notifier fails to comply with an inspection as required by subsection

6C(3).

(4) On cancelling a temporary food service event notification permit under subsection

(3), the Administrator must provide written notice of the cancellation to the

notifier.

Temporary food service events

6C

(1) A temporary food service event may only begin, or be continued, during the time

period and [in the] locations specified in the notification receipt for the event.

(2) A person must cease operating a temporary food service event and advise the

Administrator if any requirements of a regulation, standard, guideline or term and

condition of the permit for carrying out the temporary food service event cannot be

met.

Permit non transferable

7 A permit is not transferable to any other person or to any other food establishment.

Form and posting of permit

(1) A permit or notification receipt must be in the form prescribed by the

Administrator.

(2) A permit or notification receipt must be posted in a conspicuous location in the

food establishment.

Renewal of Permit

9 To renew a permit, other than a temporary food service event permit, an operator must

submit a completed renewal application on or before the permit’s expiry date to the

Minister on a form approved by the Administrator and the renewal application must

include all of the following:

(

a) the applicable fee prescribed in

Section 5;

(

b) any reasonable information as required.

Non-issuance of permit

10 If the Administrator refuses to issue or renew a permit under subsection 83(1) of the Act,

the refusal remains in effect until the Administrator is satisfied that the applicant is

capable of operating a food establishment in accordance with these regulations.

Suspension or revocation

(1) If the Administrator suspends or cancels a permit under subsection 83(1) of the

Act, the Administrator

(

a) must provide written notice of the suspension or cancellation to the permit

holder; and

(

b) may serve a notice of closure on the operator and post a copy of the notice

in an area of the food establishment where it is visible to the public.

(2) An operator who receives a notice of the suspension or the cancellation of their

permit must

(

a) cease operation of the food establishment immediately; and

(

b) close the food establishment and not reopen it until authorized by the

Administrator.

(3) A person must not remove a notice that has been posted under clause (1)(

b) unless

authorized to do so by the Administrator.

Appeal to Minister about food establishment permit decision

(1) A permit holder who appeals a decision of the Administrator under

Section 85 of

the Act must serve the Administrator with a notice of appeal accompanied by a

non-refundable fee of $246.52 no later than 30 days after the date they are advised

of the Administrator’s decision.

(2) The Administrator must send a copy of the notice of appeal to the chair of the

appeal panel established under

Section 13 no later than 5 days after the date the

Administrator receives a notice of appeal.

Appeal panel

(1) The Minister may establish an appeal panel to review appeals and make

recommendations to the Minister on an appeal.

(2) The appeal panel must be made up of at least 3 persons, 1 of whom is a medical

officer, 1 of whom is a person representing the food industry, and 1 of whom is a

person representing consumers.

(3) The appeal panel must appoint a chair and must determine its own practices and

procedures.

(4) The quorum for the appeal panel is 1 person.

Review by appeal panel and recommendations to Minister

14 The appeal panel must review an appeal and make a recommendation to the Minister

about the appeal no later than 10 days after the date the appeal panel receives a copy of

the notice of appeal.

Decision of appeal

15 The Minister must decide an appeal no later than 10 days after the date that the Minister

receives the recommendations of the appeal panel.

Complying with inspector

(1) An operator must comply with all reasonable directions given by an inspector

under the Act and these regulations.

(2) A person must not remove or alter a hold tag unless directed to do so by the

inspector.

(3) A food that has a hold tag and is detained on the instruction of an inspector must

not be handled or used without permission of an inspector.

Inspection services

(1) The Administrator may establish the frequency of inspections.

(2) The fee for consultant inspection services is $123.30 per hour plus expenses.

Inspection reports available

18 The Department must make inspection reports available in electronic form for public

review through a process consistent with the Department’s Routine Access Policy .

Design and Construction of Food Establishments and Equipment

Construction or renovation of food establishment

18A A person must not begin to construct a new food establishment or renovate or expand an

existing food establishment until construction plans and specifications are submitted to

and approved by an inspector.

Design and construction

(1) A food establishment must be located, designed, constructed and maintained to

ensure all of the following:

(

a) that the risk of contaminating the food is minimized;

(

b) that operations are carried out in an area of the food establishment that is

sanitized and appropriate to the operation;

(

c) that the surfaces and materials are durable, non-toxic and are easy to

maintain, clean and sanitize;

(

d) that the design and layout allow for the movement of food and personnel in

a way that prevents contamination;

(

e) that there is effective protection to prevent the access and sheltering of

insects, rodents and other pests.

(2) A food establishment must provide all of the following in accordance with

applicable legislation or as considered acceptable by the Administrator:

(

a) a supply of potable hot and cold water at adequate pressure and volume

with the appropriate facilities to store and distribute the water and to control

the water temperature;

(

b) adequately designed and appropriately located hand-washing facilities;

(

c) change rooms and lunch rooms, if appropriate;

(

d) a wastewater system that meets the requirements of applicable legislation,

regulations and municipal bylaws;

(

e) storage facilities that are designed to store foods, ingredients, non-food

products and chemicals safely.

(3) A food establishment must have lighting, ventilation, heating, refrigeration and

plumbing that is appropriate to the specific activities of the food establishment and

that is considered acceptable by the Minister.

(4) All of the following types of restaurants must have accessible entryways,

washroom facilities and pathways that are considered acceptable by the Minister:

(

a) newly constructed restaurants;

(

b) restaurants located in a converted space that was not previously occupied by

a restaurant;

(

c) restaurants located in a pre-existing restaurant space that was closed for at

least 12 months prior to the submission of an application for a food

establishment permit for the new restaurant.

Washroom facilities

(1) A food establishment must have washroom facilities for staff and washroom

facilities for the public available in a convenient location, unless exempted by the

Administrator.

(2) A washroom facility must be constructed, equipped, and designed in accordance

with the Nova Scotia Building Code .

(3) If an inspector gives written approval, the same washroom facilities may be used

for both staff and the public.

21 [repealed]

Living and sleeping quarters

22 All living and sleeping quarters that are located in the same building as a food

establishment, such as in a dwelling, must be separated from rooms and areas used for

the food establishment’s operations by floor-to-ceiling partitioning and solid self-closing

doors.

Design, construction, installation and maintenance of equipment

(1) All equipment and utensils used to process, prepare, store, serve, sell or display

food must be designed, constructed, installed and maintained to

(

a) protect food from contamination;

(

b) allow adequate cleaning, sanitizing and maintenance.

(2) Equipment used to cook, heat-treat, cool, store, display or freeze food must be

designed to

(

a) achieve the required food temperature as rapidly as is necessary to maintain

food safety; and

(

b) control temperature, humidity, air flow and any other condition that is likely

to have a detrimental effect on food safety.

(3) The equipment referred to in subsections (1) and (2) must be made of materials

that are suitable for their intended purpose and that are non-toxic to food.

Equipment for waste and recyclables

(1) Food establishments must provide equipment or containers to hold and handle

liquid and solid wastes and recyclables.

(2) Equipment or containers used for wastes and recyclables must be clearly identified

or labelled and used exclusively for that purpose.

Food Establishment Personnel

Illness of personnel

(1) Food service personnel must report any illness or condition to the operator if they

have been diagnosed with or believe or should reasonably suspect that they are

infected with a notifiable disease or condition that is transmissible through food.

(2) The operator must exclude or restrict any personnel who has notified them, or who

is reasonably suspected of having a notifiable disease, from activities in accordance

with

Section 92 of the Act.

(3) A medical officer may remove an exclusion or restriction imposed under

subsection (2).

Notification of medical officer

26 An operator must notify a medical officer if any personnel meet any of the following:

(

a) the person has been diagnosed with a notifiable disease or condition

transmissible by food;

(

b) the person is known or suspected of being infected with a notifiable disease

or condition transmissible by food;

(

c) the person has notified the operator under subsection 25(1).

Personnel policies and procedures

27 A food establishment must develop and demonstrate policies and procedures for

personnel that ensure that a person entering a food handling area or engaging in an

operation in a food establishment who comes into contact with food meets all of the

following:

(

a) the person is clean and sanitary and shows good personal hygiene;

(

b) the person wears sanitary clothing and footwear;

(

c) the person takes adequate measures to prevent food from being

contaminated by hair;

(

d) the person washes their hands as often as is necessary to prevent

contamination of food;

(

e) the person removes any object or substance from their body that might fall

into or otherwise contaminate food;

(

f) the person refrains from any behaviour or practice that risks contaminating

food.

Food hygiene training

(1) An operator must successfully complete a food hygiene training program and

provide proof of this to the Administrator upon request.

(2) If an operator is absent from a food establishment, the operator must ensure that a

member of the personnel who has successfully completed a food hygiene training

program is present.

(3) A person in a food establishment who comes into contact with food must be

trained or instructed in food hygiene to a level appropriate to the activity that the

person performs.

Controlling Hazards to Food Safety

Maintenance, cleaning, and sanitation programs

(1) An operator of a food establishment must have a maintenance, cleaning and

sanitation program in place to control the risk of contamination of food,

equipment, utensils and other facilities in the food establishment.

(2) A maintenance, cleaning and sanitation program must include procedures to ensure

that all of the following are done:

(

a) the food establishment and equipment are maintained, cleaned and

sanitized;

(

b) insects, rodents and other pests are controlled;

(

c) the effectiveness of the program is monitored;

(

d) all waste streams in and surrounding the food establishment are managed.

(3) A food establishment must provide facilities and equipment to implement the

maintenance, cleaning and sanitation program and must identify in their program

the cleaning and sanitizing agents used in the food establishment, including their

concentration and uses.

Source and types of food

30 An operator must ensure that all food in their food establishment is obtained from a

source that is subject to inspection or is food that is exempted by these regulations.

Control of meat

(1) Uninspected meats and meat products are not permitted in a food establishment.

(2) If an operator who holds a permit is exempt from subsection (1) by the

Administrator under subsection 3(3), an operator may have wildlife carcasses in a

food establishment for the purpose of processing the meat from the wildlife carcass

if all of the following conditions are met:

(

a) the wildlife carcass is clean, edible and will not contaminate other food,

equipment or facilities;

(

b) the wildlife carcass, or any part of it, is

(

i) stored and processed so that the it does not come into direct contact

with other food; and

(ii) not processed in the same room of the food establishment at the same

time as food that has been inspected or processed in accordance with

these regulations;

(

c) after the wildlife carcass is processed, all equipment is sanitized before

being used for processing inspected meat;

(

d) the operator keeps a record, in a manner prescribed by an inspector or the

Administrator, of every wildlife carcass received by the food establishment;

(

e) the operator provides a record kept under clause (

d) to an inspector or a

conservation officer appointed under the Wildlife Act on their request.

32 [repealed]

Food temperature controls

(1) An operator must ensure that the temperature of food is controlled so that the food

does not deteriorate or become inedible or unsafe.

(2) The operator must ensure that all refrigeration and heat-holding equipment has a

temperature measuring device that is accurate and in good repair.

Care of food and food ingredients

34 An operator must ensure that a food establishment is operated so that all food and food

ingredients are processed, manufactured, handled, prepared, packaged, served, sold,

offered for sale or distribution free of charge, dispensed, displayed and stored in a

manner that prevents contamination and adulteration.

Quality assurance systems

(1) If directed by an inspector, a food establishment must have a quality assurance

system in place that identifies, implements, monitors and verifies critical factors in

the processing and preparation of food and that effectively prevents contamination

or adulteration of food and ensures food safety.

(2) A quality assurance system must do all of the following:

(

a) provide mechanisms to identify specific ingredients or food additives and

the amounts used in a food;

(

b) provide mechanisms to control the addition of food additives and nutrients

to meet the requirements of the Food and Drugs Act (Canada);

(

c) ensure that information on a food label is complete and accurately

represents the food;

(

d) ensure that controls are put in place to prevent food mislabelling.

Deviation or defect in quality assurance system

36 If directed by an inspector, a food establishment must have procedures in place for when

a deviation or defect that could affect food safety occurs in their quality assurance

program

(

a) to identify and evaluate food safety;

(

b) to isolate foods; and

(

c) that set out corrective actions to be taken and ensure that changes are made

to the quality assurance system.

Maintenance of quality assurance system records

(1) If directed by an inspector, a food establishment must maintain records that

demonstrate the quality assurance system used to ensure food safety in the

processing or preparation of a food.

(2) Records maintained under subsection (1) must be made available when requested

by an inspector.

Serving and re-selling unused food

(1) A potentially hazardous food that is served or sold to a purchaser and is unused or

returned by the purchaser must not be served again or resold.

(2) A food may be served again or resold if it meets all of the following:

(

a) it is not potentially hazardous;

(

b) it is individually packaged;

(

c) it is unopened and in its original container.

Live animals not permitted in food establishments

(1) Except as otherwise permitted by this Section, an operator must not permit any live

animal to be in a food establishment.

(2) An operator may permit the following live animals to be in a food establishment in

the circumstances indicated:

(

a) a service dog, if permitting the guide animal to enter does not pose a risk of

contaminating the food; and

(

b) edible fish, crustaceans, shellfish or live fish in an aquarium.

(3) Other than during meals, pets are allowed in a common dining area of a day care,

child-caring facility, nursing home or home for residential care, if all of the

following requirements are met:

(

a) the common dining area is separated from all food storage and food

preparation areas by partitions and self-closing doors;

(

b) condiments, equipment and utensils are stored in enclosed cabinets or

removed from the common dining area when a pet is present;

(

c) after a pet has left the common dining area, the area, including tables,

countertops and similar surfaces, is cleaned and sanitized before the next

meal service.

(4) An operator may allow dogs in an outdoor dining area if all of the following

conditions for the outdoor dining area are met:

(

a) the area is not fully enclosed with floor to ceiling walls and the Department

determines it is not part of the interior physical facility;

(

b) the area is equipped with an entrance that is separate from the main indoor

entrance to the food establishment and patrons do not bring dogs through

the indoor dining space to enter or exit the restaurant;

(

c) there are signs posted at each entrance to the area in such a manner as to be

clearly observable by the public stating that dogs are allowed in the outdoor

dining area and including the responsibilities of the pet owner under clauses

(f), (g), (

h) and (i);

(

d) food is not prepared, including mixing drinks and serving ice, in the outdoor

dining area, except that a beverage glass may be filled from a pitcher or

other container that has been filled or otherwise prepared inside the food

establishment;

(

e) food establishment employees do not touch, pet or otherwise handle a dog

(

i) while serving food or a beverage,

(ii) while handling tableware, or

(iii) before entering another part of the food establishment;

(

f) dogs do not have contact with reusable food service dishes or utensils;

(

g) dogs are not given any food, including dog kibbles, biscuits or edible treats,

while in the area;

(

h) dogs are not on any seat, chair, patron’s lap, table, countertop or similar

surface in the outdoor dining area;

(

i) dogs are kept on a leash or within a pet carrier and are under the control of

an adult at all times;

(

j) each table and chair in the area is sanitized after each use and spilled food

and drink is removed from the floor or ground between seatings of patrons;

(

k) the establishment provides effective means for cleaning up dog vomitus and

fecal matter.

40 [repealed]

41 [repealed]

Testing, Inspection and Contaminated Food

Sampling and testing food

(1) An inspector may require an operator to implement sampling and testing

procedures to demonstrate any of the following:

(

a) that food is not contaminated;

(

b) that an established procedure does not result in the adulteration of food; and

(

c) that compositional standards set by government agencies and marketing

boards are met.

(2) Upon request of an inspector, the operator must provide the results of sampling

and testing procedures from an accredited laboratory.

Inspector detaining and condemning foods

(1) An inspector who reasonably believes that a food in a food establishment is

adulterated, contaminated or from an uninspected source must do one of the

following:

(

a) detain the food and securely attach a hold tag bearing the words “Nova

Scotia Held”;

(

b) condemn the food and have it disposed of in a manner that is satisfactory to

an inspector or the Administrator.

(2) An inspector who detains a food may submit samples to an accredited laboratory

for testing.

Provision of samples to an inspector

44 At the request of an inspector, an operator of a food establishment must, without charge,

provide the inspector with samples of a food, ingredient, food additive, container or

packaging material used or to be used in the manufacturing, processing or preparation of

food, for the purposes of laboratory examination.

Recall of food

(1) If directed by an inspector or the Administrator, an operator must establish

(

a) a written procedure that ensures the timely and complete recall of any lot of

a food; and

(

b) a food distribution record to enable the operator to recall any lot of a food.

(2) Food returned to a food establishment as part of a recall, may be held for disposal

under the direction and supervision of an inspector.

Contaminated or adulterated food

46 An operator must not sell, offer for sale, supply, prepare, process, package, display,

serve, dispense or store food that is contaminated or adulterated.

Packaging, Storing and Transporting Food

Labelling and packaging food

(1) An operator must ensure that all food in the food establishment is

(

a) labelled and identified as being from a source that is subject to inspection;

(

b) food that is exempted in accordance with

Section 31.

(1A) Upon request of an inspector, an operator must provide proof of the source of food.

(2) An operator must

(

a) provide adequate food safety information to enable the purchaser to handle,

store, process, prepare or display the food safely; and

(

b) ensure that refrigerated, prepared ready-to-eat food that may be held for

longer than 24 hours is clearly marked at the time it is prepared to indicate

the date by which the food must be consumed.

(3) An operator must ensure that containers, materials, and procedures used for food

packaging and labelling do all of the following:

(

a) prevent contamination of the food;

(

b) provide an environment that adequately controls contamination;

(

c) protect the food from damage likely to make the food inedible.

Storing and transporting food

(1) An operator must ensure that all food is stored and transported under conditions

that do all of the following:

(

a) protect the food from contamination;

(

b) provide an environment that adequately controls contamination;

(

c) protect the food from damage likely to make the food inedible.

(2) A conveyance or container used that is used to transport or store food must be

designed, constructed and maintained so that they do all of the following:

(

a) provide the food with adequate protection from contamination;

(

b) allow adequate cleaning and, if an inspector considers it necessary,

sanitization;

(

c) adequately maintain temperatures, relative humidity and other conditions

necessary to protect food from contamination as a result of harmful

microbiological growth;

(

d) permit the adequate separation of different foods from one another and from

non-food items if necessary.

(3) An operator must ensure that all food received at their food establishment is

transported in accordance with subsections (1) and (2).

Storing food ingredients and food packaging

(1) An operator must ensure that food ingredients and food packaging materials must

be stored in a dry storage room or designated area that

(

a) protects the food ingredient or food packaging material from contamination;

and

(

b) provides an environment that is dry and in which moisture and humidity are

controlled.

(2) Before being placed in the dry storage room or designated area, opened packages

of food ingredients and food packaging materials must be

(

a) transferred to clean, suitably covered containers or be sealed and securely

closed; and

(

b) clearly identified as to content.

Storage of articles not used in food preparation or processing

50 An operator must ensure that articles, equipment or materials not associated with the

processing or preparation of food are stored

(

a) separately from areas where food is processed or prepared; and

(

b) in a manner that does not contaminate food or food preparation areas.

Legislative History

Reference Tables

Food Safety Regulations

N.S. Reg.

206/2005

Health Protection Act

Note: The information in these tables does not form part

of the regulations and is compiled by the Office of the Registrar of

Regulations for reference only.

Source Law

The current consolidation of the Food Safety Regulations made under the Health Protection Act includes all of the following

regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

206/2005

Nov 1, 2005

date specified

Oct 28, 2005

114/2007

Apr 1,

date

specified

Mar

30, 2007

173/2008

Apr 1,

date

specified

Apr

18, 2008

114/2009

Apr 1,

date

specified

Apr

14, 2009

88/2011

Apr 1,

date

specified

Apr

15, 2011

114/2013

Apr 1,

date

specified

Apr

12, 2013

111/2015

Apr 1,

date

specified

Apr 8,

101/2020

Jul

21, 2020

date

specified

Aug

14, 2020

138/2020

Oct 1,

date

specified

Oct 23, 2020

52/2021

Mar

30, 2021

date

specified

Apr 9, 2021

102/2022

May

17, 2022

date

specified

Jun 3, 2022

30/2026

Apr 1,

date

specified

Feb 6, 2026

The following regulations are not

yet in force and are not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs. = repealed and substituted

Provision affected

How affected

2 ........................................................

am. 101/2020 (clause lettering removed)

2 ,

defn. of “accredited laboratory ” ..................................................

ad. 101/2020

2 ,

defn. of “

adulteration” ...........

am. 101/2020

2, defn. of

“Department” .............

am. 101/2020

2, defn. of

food bank” ...............

ad. 101/2020

2, defn. of

food hygiene” ...........

rep. 101/2020

2, defn. of

food hygiene

training program” ..................................

ad. 101/2020

2, defn. of

“hold tag” ...................

ra. from 2, defn. of

“official tag”

2, defn. of

“inspected” ................

am. 101/2020

2, defn. of

“low-risk food” ..........

ad. 101/2020

2, defn. of

“official tag” ..............

ra. as 2, defn. of “hold tag”

2, defn. of “notification receipt” .

ad. 30/2026

2, defn. of “notifier” ....................

ad. 30/2026

2, defn. of

“potable” ....................

ad. 101/2020

2, defn. of

“restaurant” ................

ad. 138/2020

2, defn. of

“service dog” .............

ad. 101/2020

2, defn. of

“smoke” .....................

ad. 101/2020

2, defn. of

“soup kitchen” ...........

ad. 101/2020

2, defn. of “temporary food service event” .......................................

ad. 30/2026

3(1) ...................................................

am. 101/2020 (“premise” replaced with “premises” throughout)

3(1)(a) ..........................................

rs.

101/2020; am. 30/2026

3(1)(b) .........................................

rs.

101/2020

3(1)(c) ..........................................

am.

101/2020

3(1)(d) .........................................

rs.

101/2020

3(1)(f) ..........................................

rs.

101/2020

3(1)(fa) ........................................

ad. 101/2020

3(1)(h)(i) ......................................

am.

101/2020

3(1)(h)(ii) ....................................

rs.

101/2020

3(1)(i) ..........................................

am.

101/2020

3(1)(j) ..........................................

rs.

101/2020

3(1)(k) .........................................

rs.

101/2020

3(1)(l) ..........................................

ad. 101/2020

3(1)(m) ........................................

ad. 101/2020

3(2) ...................................................

rep. 101/2020

4(1) ...................................................

am.

101/2020

5 ........................................................

rs.

114/2007, 173/2008, 114/2009, 88/2011, 114/2013; am. 111/2015, 183/2015,

101/2020; rs. 30/2026

6 ........................................................

am.

30/2026

6(c) ..............................................

am.

30/2026

6A–6C ..............................................

ad. 30/2026

8(1)–(2) .............................................

am.

30/2026

9 ........................................................

rs.

101/2020; am. 30/2026

9(2) .............................................

fc. 114/2007, 173/2008, 114/2009, 88/2011, 114/2013,

111/2015

11(1)(b) .............................................

am.

101/2020

12(1) .................................................

fc. 114/2007, 173/2008, 114/2009, 88/2011, 114/2013,

111/2015

16(2)–(3) ...........................................

am.

101/2020

17(2) .................................................

fc. 114/2007, 173/2008, 114/2009, 88/2011, 114/2013,

111/2015

18 ......................................................

am.

101/2020

18A ...................................................

ad. 101/2020

19(1)(d) .............................................

rs.

101/2020

19(2) .................................................

am.

101/2020

19(2)(d) .............................................

rs.

101/2020

19(2)(e) .............................................

am.

101/2020

19(3) .................................................

rs.

101/2020

19(4) .................................................

ad. 102/2022

21 ......................................................

rep. 101/2020

23(1) .................................................

am.

101/2020

23(1)(a) .............................................

am.

101/2020

23(3) .................................................

am.

101/2020

25(1) .................................................

am.

101/2020

28(1) .................................................

am.

101/2020

28(2) .................................................

am.

101/2020

28(3) .................................................

rs.

101/2020

29(1)–(2) ...........................................

rs.

101/2020

29(3) .................................................

am.

101/2020

31(2)(d) .............................................

am.

101/2020

32 ......................................................

rep. 101/2020

34 ......................................................

rs.

101/2020

35(1) .................................................

am.

101/2020

36 ......................................................

am.

101/2020

37(1) .................................................

am.

101/2020

39(1) .................................................

am.

101/2020, 52/2021

39(2) .................................................

am.

101/2020

39(3) .................................................

ad. 101/2020

39(4) .................................................

ad. 52/2021

40 ......................................................

rep. 101/2020

41 ......................................................

rep. 101/2020

42 ......................................................

ra. as 42(1) from 42

42(1) .................................................

ra. from 42 as 42(1) ;

am. 101/2020

42(2) .................................................

ad. 101/2020

43(1) .................................................

am.

101/2020

43(1)(a) .............................................

am.

101/2020

43(1)(b) .............................................

am.

101/2020

43(2) .................................................

am.

101/2020

45(1) .................................................

am.

101/2020

45(2) .................................................

am.

101/2020

47(1) .................................................

rs.

101/2020

47(1A) ..............................................

ad. 101/2020

51 ......................................................

rep. 101/2020

52 ......................................................

rep. 101/2020

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections

Note

Effective

date

The reference in clause 2(

e) to the Department of Agriculture and Fisheries should be read as a reference

to the Department of Agriculture in accordance with O.I.C. 2006-121 under the Public Service Act , R.S.N.S. 1989, c. 376.

(corrected by

N.S. Reg. 101/2020)

Feb 24, 2006

The reference in clause

3(1)(

j) to the Department of Health should be read as a reference to the

Department of Health and Wellness in accordance with O.I.C. 2011-15 under the Public Service Act , R.S.N.S. 1989, c. 376.

(corrected by

N.S. Reg. 101/2020)

Jan 11, 2011

The references in clauses 3(1)(

d) and (

k) to the

Department of Tourism, Culture and Heritage should be read as references to

the Department of Economic and Rural Development and Tourism in accordance

with O.I.C. 2011-116 under the Public Service Act , R.S.N.S. 1989, c.

Jan 11, 2011

The references in clauses

3(1)(

d) and (

k) to the Department of Tourism, Culture and Heritage should be

read as references to the Department of Business in accordance with O.I.C.

2015-116 under the Public Service Act , R.S.N.S. 1989, c. 376, which

assigns all affairs and matters previously assigned to the Department of

Economic and Rural Development and Tourism not specifically identified in the

order to the Department of Business.

(corrected by

N.S. Reg. 101/2020)

Apr 9, 2015

The reference in

Section 2 to the Department of

Environment should be read as a reference to the Department of Environment

and Climate Change in accordance with O.I.C. 2021-60 under the Public

Service Act , R.S.N.S. 1989, c. 376.

Feb 23, 2021

Repealed and Superseded

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only regulations that are specifically repealed and

replaced appear in this table. It may not reflect the entire history of

regulations on this subject matter.