The Regional Municipality of Peel
By-law number 59-2005

A by-law to regulate disclosure of food safety inspection information to the public.

WHEREAS the Region of Peel's Board of Health has a duty to provide a food safety program as mandated by the Ministry of Health and Long-Term Care under the provisions of the Health Protection and Promotion Act, R.S.O. 1990, c. H-7 and accompanying Mandatory Health Programs and Service Guidelines;

AND WHEREAS the Region of Peel's Board of Health has a duty to provide food safety information annually to the community and other prescribed persons under the Mandatory Health Programs and Service Guidelines;

AND WHEREAS the Region of Peel's Board of Health is mandated to assess all food premises annually and determine their risk status according to the Ministry of Health Hazard Analysis Critical Control Point Protocol;

AND WHEREAS the Region of Peel's Board of Health has a duty to inspect all retail food business establishments in the Region of Peel to ensure compliance with the Health Protection and Promotion Act and regulations thereunder as prescribed under the Mandatory Health Programs and Service Guidelines;

AND WHEREAS the Region of Peel's Board of Health is required to provide the Minister of Health with semi-annual and annual food safety data;

AND WHEREAS the Council of the Regional Corporation in December 2004, endorsed the creation of a mandatory food safety disclosure program with elements including the posting of green, yellow, or red signs and summary results of the last public health inspection at the entrance to retail food business establishments in the Region of Peel and on the Region of Peel's public website in order to improve the health of Peel inhabitants;

AND WHEREAS it is desirable for the health, safety and well-being of inhabitants of and visitors to the Region of Peel to provide them with information regarding the food safety performance of food premises in the Region of Peel;

AND WHEREAS section 130 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, otherwise authorizes a Council of a Regional Corporation to regulate food safety performance where this is related to the health, safety and well-being of its inhabitants;

NOW THEREFORE the Council of the Regional Municipality of Peel enacts as follows:

DEFINITIONS:

1. In this By-law:

"Food" means food or drink for human consumption, and includes an ingredient of food or drink for human consumption;

"Inspector" means a public health inspector acting under the direction of the Medical Officer of Health for the Region of Peel;

"Medical Officer of Health" means the Medical Officer of Health for the Regional Municipality of Peel, duly appointed under the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended, and includes any staff acting on his or her behalf;

"Milk" means milk from cows, goats or sheep;

"Operator" means any person who owns, occupies, manages, controls, governs, or has responsibility for and control over the activity carried on within a retail food business establishment, although there may be more than one operator of the retail food business establishment;

"Peel Health Inspection Summary" means the original colour copy sign belonging to the Region of Peel and issued by Peel Health to a retail food business establishment in the form attached as Schedule "A", Schedule "B" and Schedule "C";

"Public Entrance" means the main entrance used by the public to enter the retail food business establishment;

"Region" or "Region of Peel" means the Regional Municipality of Peel;

"Retail Food Business Establishment" means premises where food or milk is sold or offered for sale to the public or where meals or meal portions are prepared for immediate consumption or sold or served in a form that will permit immediate consumption on the premises by the public but does not include a private residence, dwelling, hot dog carts, catering or mobile preparation vehicles, farmers markets, farm gates or other similar itinerant food establishments;

"Sign Holder" means a Region of Peel issued sign holder, or other sign holder approved by Peel Health.

APPLICATION:

2. This By-law shall apply to all retail food business establishments in the Region of Peel.

POSTING REQUIREMENT:

3. Subject to section 4, every operator of a retail food business establishment shall ensure that the most recently provided Peel Health Inspection Summary issued by an inspector is posted forthwith and maintained in a conspicuous place, clearly visible to members of the public, in a sign holder at or near the public entrance of such premises. 
   
    
4. Where a retail food business establishment does not have a public entrance, every operator of a retail food business establishment shall forthwith post and maintain the most recent Peel Health Inspection Summary in a conspicuous place clearly visible to members of the public, in a sign holder, at or near the pick-up window or other location where customers are served.

ENFORCEMENT:

5. An inspector may enter and have access to, through and over any retail food business establishment, at any reasonable time, for the purposes outlined in section 6.
   
    

6. The purposes mentioned in section 5 include the following: 
    

   (i)	The purpose of this By-law.
   (ii)	The enforcement of any section of this By-law.
   (iii)	The exercise of a power or the carrying out of a duty under this By-law or under the Health Promotion and Protection Act, R.S.O. 1990, c. H. 7, and regulations thereunder.
   (iv)	The carrying out of a direction given under this By-law or the Health Promotion and Protection Act, R.S.O. 1990, c. H. 7.

EXAMINATIONS:

7. An inspector may make examinations, investigations, tests and inquiries for a purpose mentioned in section 6.

SAMPLES OR EXTRACTS:

8. An inspector may make, take and remove or require the making, taking and removal of copies, samples or extracts related to an examination, investigation, test or inquiry for a purpose mentioned in section 6.

DIRECTION:

9. An inspector may require an operator of a retail food business establishment to cease the operation of or to dismantle, or both, any equipment on or in the retail food business establishment, for the purpose of an examination, investigation, test or inquiry. 
   
    
10. An inspector may require an operator of a retail food establishment to return a Peel Health Inspection Summary and Sign Holder to Peel Public Health.
    
     
11. An operator of a retail food business establishment shall comply promptly with a requirement under sections 9 and 10.

COPIES:

12. A copy of any written or recorded material related to an investigation, examination, test or inquiry and purporting to be certified by an inspector is admissible in evidence in any action, proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original.

OBSTRUCTION:

13. No person shall hinder or obstruct an inspector lawfully carrying out a power, duty or direction under this By-law or the Health Promotion and Protection Act, R.S.O. 1990, c. H. 7.

OFFENCES:

14. Any person who contravenes any provisions of this By-law is guilty of an offence and upon conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.

SEVERABILITY OF SECTION:

15. If any section or sections of this By-law, or parts thereof are found by any court of competent jurisdiction to be illegal or beyond the power of Regional Council to enact, such section or sections or parts thereof shall be deemed to be severable from this By-law and all other sections.

EFFECTIVE DATE:

16. This By-law shall come into force and take effect on November 1, 2005.

SCHEDULES:

17. Schedules "A", "B" and "C" attached hereto form part of this By-law.
    
     
18. This By-law may be referred to as the "Region of Peel's Food Safety Disclosure By-law".

READ THREE TIMES AND FINALLY PASSED IN OPEN COUNCIL this 7th day of July, 2005.
 

Schedule A, B and C are available in Clerk's