THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, TUESDAY, SEPTEMBER 29, 2015 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 75/15 NLR 76/15 NLR 77/15 NLR 78/15

Extraordinary Gazette September 29, 2015 3 NEWFOUNDLAND AND LABRADOR REGULATION 75/15 Fish Inspection Administrative Regulations (Amendment) under the Fish Inspection Act (O.C. 2015-190) (Filed September 29, 2015) Under the authority of subsection 4(1) of the Fish Inspection Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, September 28, 2015. Julia Mullaley Clerk of the Executive Council REGULATIONS Analysis 1. S.4 Amdt. Licence not required 2. S.4.1 Added Restriction on direct sales 3. S.17 Amdt. Administrative penalty 1.

(1) Section 4 of the Fish Inspection Administrative Regulations is amended by renumbering it as subsection 4(1). (2) Subsection 4(1) of the regul ations is amended by adding immediately after paragraph (

a) the following: NLR 74/07 as amended

Fish Inspection Administrative Regulations (Amendment) 75/15 Extraordinary Gazette September 29, 2015 4 (a.1) a fish harvester selling the following fish, which shall be from his or her catch and caug ht in accordance with his or her commercial fishing licence issued under the Fisheries Act (Canada) and regulations under that Act, directly to an individual at an establishment: (

i) fresh finfish, (ii) live crustaceans, (iii) seal meat, (iv) shucked scallops, or (

v) squid; (a.2) a fish harvester filleting finfish for the purpose of selling it or offering to sell it in accordance with paragraph (a.1); (3) Paragraph 4(1)(

c) of the regulations is repealed and the following substituted: (

c) an individual purchasing fish for personal consumption and not for resale directly from (

i) a fish processor who is licensed under the Act and the regulations, (ii) a person licensed under

section 5 of the Food Premises Regulations, or (iii) a person referred to in paragraph (d); (4) Subsection 4(1) of the regul ations is amended by adding immediately after paragraph (

c) the following: (c.1) an individual purchasing the following fish for personal consumption and not for resale directly from a fish harvester: (

i) fresh finfish,

Fish Inspection Administrative Regulations (Amendment) 75/15 Extraordinary Gazette September 29, 2015 5 (ii) live crustaceans, (iii) seal meat, (iv) shucked scallops, or (

v) squid; 2. The regulations are amende d by adding immediately after

section 4 the following: 4.1 A direct sale between a fish harvester and either a person who holds both a fish buyer's licence an d a licence under

section 5 of the Food Premises Regulations or an individual shall take place at an establishment and shall not take pl ace from a vehicle or by means of door-to-door sales. 3. Subsection 17(2) of the regulations is repealed and the following substituted:

(2) Where the holder of a fish processing licence fails to file a report as required by

section 15 of the Fish Inspection Operations Regulations or the holder of a fish buyer's licence fails to file a report as required by

section 15.01 of the Fish Inspection Operations Regulations, the minister may order that person to pay to the government of the province a penalty of $100 per day for each day or part thereof that the report is not filed to a maximum of $20,000. ©Queen's Printer Restriction on direct sales

Extraordinary Gazette September 29, 2015 7 NEWFOUNDLAND AND LABRADOR REGULATION 76/15 Fish Inspection Operations Regulations (Amendment) under the Fish Inspection Act (Filed September 29, 2015) Under the authority of subsection 4(2) of the Fish Inspection Act, I make the following regulations. Dated at St. John’s, September 28, 2015. Vaughn Granter Minister of Fisheries and Aquaculture REGULATIONS Analysis 1. S.2 Amdt.

Interpretation 2. S.3 Amdt. Establishment requirements 3. S.4 Amdt. Agency agreement requirements 4. S.15.01 Added Duties of fish buyer 5. S.17.1 Added Exemption from marking 6. S.21 Amdt. Restrictions on purchase of lobster and turbot 7. S.23 R&S Standards for storage and transportation 8. S.24 Amdt. Storage before processing or marketing 9. S.34 Amdt. Offal disposal 10. S.43 R&S Storage NLR 76/07 as amended

Fish Inspection Operations Regulations (Amendment) 76/15 Extraordinary Gazette September 29, 2015 8 1. Subsection 2(1) of the Fish Inspection Operations Regulations is amended by adding immediately after paragraph (

a) the following: (a.1) "approved source of water" means water from a source acceptable to the minister; 2. Paragraph 3(3)(

a) of the regulations is repealed and the following substituted: (

a) an establishment used exclus ively by a fish harvester for (

i) washing, gutting, salting, sorting, handling, drying or icing his or her catch, (ii) selling or offering to sell the following fish directly to either a person who holds both a fish buyer's licence and a licence under

section 5 of the Food Premises Regulations or an individual: (

A) fresh finfish, (

B) live crustaceans, (

C) seal meat, (

D) shucked scallops, or (

E) squid, or (iii) filleting finfish for the purpose of selling it or offering to sell it in accordance with subparagraph (ii);

Section 4 of the regulations is amended by adding immediately after subsection (5) the following:

(6) A person who holds both a fish buyer's licence and a licence under

section 5 of the Food Premises Regulations shall not enter into an agency agreement under this section. 4. The regulations are amende d by adding immediately after

section 15 the following: Duties of fish buyer

Fish Inspection Operations Regulations (Amendment) 76/15 Extraordinary Gazette September 29, 2015 9 15.01 The holder of a fish buyer's licence shall comply with reporting requirements established by the minister in the form and manner and at the frequency prescribed by the minister. 5. The regulations are amende d by adding immediately after

section 17 the following: 17.1 Sections 16 and 17 do not apply to a carton of fish, a label of a carton of fish and a master carton of fish for sale directly by a fish harvester in accordance with the Ac t and the regulations to either a person who holds both a fish buyer's licence and a licence under

section 5 of the Food Premises Regulations or an individual. 6. Subsection 21(2) of the regulations is repealed and the following substituted:

(2) The holder of a fish buyer's licence or a fish processing licence may only purchase turbot intended for processing or marketing for human consumption that has been bled and gutted.

Section 23 of the regulations is repealed and the following substituted: 23.

(1) Where fish or fish products are stored, held or transported, (

a) a vehicle used to transport fish or fish products shall employ a system of containment, including insulated containers, vehicle bodies, boxes, tubs and barrels, tanks and other forms of conveyance acceptable to the minister, that is constructed and modified so as to prohibit the discharge of fluid and effluent associated w ith the holding, storage, and transport of fish or fish products; (

b) the conveyance referred to in paragraph (

a) shall provide protection against contamination and where applicable shall be secured with tight fitting covers using strapping or fasteners; (

c) the fish and fish products shall be confined in a container or receptacle to prevent damage or its release; and (

d) the conveyance and the system of containment referred to in paragraph (

a) shall be Exemption from marking Standards for storage and transportation

Fish Inspection Operations Regulations (Amendment) 76/15 Extraordinary Gazette September 29, 2015 10 (

i) free from defects, (ii) watertight, and (iii) cleaned before each trip and disinfected in the manner and frequency determined by an inspector.

(2) Where unprocessed fish intended for processing is stored, held or transported within the province, the fish shall be bled and gutted, where appropriate, and wash ed with an approved source of water to remove excess blood, slime and viscera prior to stowage. 8. Subsection 24(1) of the regulations is repealed and the following substituted: 24.

(1) Where fish intended for processing or marketing for human consumption is (

a) on board a vehicle; (

b) being transported; or (

c) being held (

i) in a holding area or chill room, or (ii) preparatory to entering the production line, the fish shall be (

d) protected from physical damage, contamination and weather at all times; (

e) stowed in a container so that the depth of fish and ice does not exceed 90 centimetres but in any event so that the minimum distance between the fish and ice and the top of the container is 4 centimetres; (

f) in the case of fish other than shrimp, iced or chilled in a manner so as to maintain the temperature of the fish below 4 and in the case of shrimp, iced or chilled in a manner so as to maintain the temperature of the shrimp below 3; Storage before processing or marketing

Fish Inspection Operations Regulations (Amendment) 76/15 Extraordinary Gazette September 29, 2015 11 (

g) in the case of shrimp, stor ed in bags not to exceed 11.5 kilograms per bag or in 70-litre capacity stackable tote pans not to exceed 25 kilograms per tote pan; (

h) in the case of crab, stored in 70-litre capacity stackable tote pans not to exceed 23 kilograms per tote pan; and (

i) in the case of whelk, st ored in bags not to exceed 18 kilograms per bag or stored in 70 litre capacity stackable tote pans not to exceed 20 kilograms per tote pan. 9. Paragraph 34(2)(

a) of the regulations is repealed and the following substituted: (

a) collected in handling system s, receptacles or conveyances that are not used for the holding or transport of fish intended for processing or marketing for human consumption;

Section 43 of the regulations is repealed and the following substituted: 43.

(1) Processed fish and fish intended for marketing for human consumption shall be stored in a manner and in a location that preserves its quality and safety.

(2) No odiferous or toxic su bstance shall be stored in a processing area or in an area where fish is marketed for human consumption.

(3) Unnecessary equipment and ma terial shall not be stored in an area where fish is handled, processed, graded, stored or marketed for human consumption. ©Queen's Printer Storage

Extraordinary Gazette September 29, 2015 13 NEWFOUNDLAND AND LABRADOR REGULATION 77/15 Fish Inspection Ticket Offences Regulations (Amendment) under the Fish Inspection Act (O.C. 2015-191) (Filed September 29, 2015) Under the authority of paragraph 4(1)(e.1) of the Fish Inspection Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, September 28, 2015. Julia Mullaley Clerk of the Executive Council REGULATIONS Analysis 1. S.3 R&S Subsequent offences 2. Sch. Amdt.

Section 3 of the Fish Inspection Ticket Offences Regulations is repealed and the following substituted: 3. With respect to those provisions referred to in the

Schedule a person shall be considered to be convicted of a second, third or subsequent offence when convicted of an offence within 12 months of the date of the last conviction for the same offence under those regulations. NLR 22/08 as amended Subsequent offences

Fish Inspection Ticket Offences Regulations (Amendment) 77/15 Extraordinary Gazette September 29, 2015 14 2. The

Schedule to the regulations is amended by adding immediately after the last row the following: 3(1) Fish Inspection Administrative Regulations Person selling fish without a licence 300 400 500 3(2) Fish Inspection Administrative Regulations Person buying or attempting to buy fish without a licence 300 400 500 3(3) Fish Inspection Administrative Regulations Fish harvester processing fish without a licence 300 400 500 4.1 Fish Inspection Administrative Regulations Fish harvester selling fish from vehicle or door-to-door 300 400 500 ©Queen's Printer

Extraordinary Gazette September 29, 2015 15 NEWFOUNDLAND AND LABRADOR REGULATION 78/15 Food Premises Regulations (Amendment) under the Food Premises Act (Filed September 29, 2015) Under the authority of

section 18 of the Food Premises Act , I make the following regulations. Dated at St. John’s, September 28, 2015. Steve Kent Minister of Health and Community Services REGULATIONS Analysis 1. S.3 R&S Application

Section 3 of the Food Premises Regulations is repealed and the following substituted: 3. The Act and these regulations apply to all food premises except (

a) boarding houses and bed and breakfast operations that provide meals only for overnight guests; (

b) farms selling only their own farm products in the form of honey, unprocessed fruits, vegetables and grains; CNLR 1022/96 as amended Application

Food Premises Regulations (Amendment) 78/15 Extraordinary Gazette September 29, 2015 16 (

c) the home based food preparation industry where the end product does not contain meat, fish, dairy or egg products, or where those dairy or egg products are used in baked or other goods which have low moisture or high sugar or salt content which inhibits the growth of disease supporting microbes, provided they meet standard health guidelines of the department; (

d) temporary facilities or not for profit organizations provided they meet standard health guidelines of the department; (

e) vending machines, provided they meet standard health guidelines of the department; (

f) drinking establishments licensed under the Liquor Control Act where they only sell non-hazar dous foods from their original containers and drinks in glasses or other containers, provided that those drinking establishments meet the requirements of paragraphs 6(

b) and (

c) and sections 7, 23, 25, 26, 28, 29 and 30 of these regulations; and (

g) establishments as defined in the Fish Inspection Act when used by a fish harvester to fillet, sell or offer to sell fish in accordance with paragraphs 4( 1)(a.1) and (a.2) of the Fish Inspection Administrative Regulations. ©Queen's Printer

17 ST. JOHN'S, TUESDAY, SEPTEMBER 29, 2015 Extraordinary Gazette Index Title of Act and Subordinate Legislation CNLR or XNL Gazette made thereunder NL Reg. Amendment Date & Page No. Fish Inspection Act Fish Inspection NLR 75/15 Amends Sept 29/15 p. 3 Administrative NLR 74/07 Regulations (Amdt) S.4 Amdt. S.4.1 Added S.17 Amdt. Fish Inspection NLR 76/15 Ame nds Sept 29/15 p. 7 Operations Regulations NLR 76/07 (Amdt) S.2 Amdt. S.3 Added S.4 Amdt. S.15.01 Added S.17.1 Added S.21 Amdt. S.23 R&S S.24 Added S.34 Amdt.

S.43 R&S Fish Inspection Ticket NLR 77/15 Am ends Sept 29/15 p. 13 Offences Regulations NLR 22/08 (Amdt) S.3 R&S Sch.Amdt. Food Premises Act Food Premises NLR 78/15 Amends Sept 29/15 p. 15 Regulations (Amdt) CNLR 1022/96 S.3 R&S