The food and beverage industry is governed by a complex regulatory framework that entrepreneurs must navigate as they investigate and then pursue a new business. Section 5 outlines the government agencies that oversee and enforce regulations federally, provincially and within the City of Winnipeg. All key regulations are introduced.
For a more detailed discussion on federal, provincial and municipal regulations, and information about the interpretation documents and forms that are available on-line, readers are referred to the Food & Beverage Processing in Manitoba Reference Manual (Third Edition, 2017). An overview of US regulations is also included in the Reference Manual.
General information about regulations
Regulations for the food processing industry are created by government agencies and are in existence to protect both the consumer and the processor. Processors must be aware of the agencies and regulations, as well as, any changes that may occur in the regulations. Before processing begins, a new business should seek as much information as possible from various agencies to determine applicable regulations.
For Manitoba food and beverage processors, both the provincial and federal governments play a part in regulating food safety. Processing and food handling facilities require permits or registrations and are inspected by government officers.
Any facility or location where food is prepared, stored or served to the general public is considered a food handling establishment. This includes restaurants, grocery stores, bakeries, butcher shops, delicatessens, catering facilities, take-outs, mobile vending carts, farmers markets and temporary food events at fairs or festivals.
Food handling establishments such as food processing plants, meat processing plants, slaughterhouses, warehouses and transportation vehicles are the responsibility of Manitoba Agriculture. Provincial legislation and regulations apply to these companies.
There are also federal regulations that apply to all food being produced and sold in Canada, which fall under the jurisdiction of Health Canada.
If a product does not adhere to regulations, regulatory agencies will provide information and inspections, which help processors attain acceptable standards. If fraud or health hazards are evident in the production of food, agencies will work very quickly to resolve the problem. Processors showing evidence of continued noncompliance and resistance to regulations will eventually face criminal charges from the regulatory bodies.
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federal regulations
Manufacturers who produce food products listed under the Canada Agricultural Products Act, the Fish Inspection Act and the Meat Inspection Act that are to be traded internationally or inter-provincially, must be registered by the Canadian Food Inspection Agency (CFIA). Federal registration is the sole jurisdiction of the CFIA. It allows a manufacturer, distributor or importer to sell their product within Manitoba, within Canada or export their product to another country, if they meet the requirements of the importing country.
Federally registered establishments are regularly inspected by the CFIA to ensure compliance with the applicable act or regulation. The CFIA encourages industry to adopt science-based risk management practices to minimize food safety risks. If a food safety emergency does occur, the CFIA, in partnership with Health Canada, provincial agencies and the food industry, operates an emergency response system.
Health Canada
Health Canada is responsible for establishing standards for the safety and nutritional quality of all foods sold in Canada. The department exercises this mandate under the authority of the Food and Drugs Act and pursues its regulatory mandate under the Food and Drug Regulations.
All health and safety standards under the Food and Drug Regulations are enforced by the CFIA. The Agency is also responsible for the administration of non-health and safety regulations concerning food packaging, labelling and advertising.
Canadian Food Inspection Agency (CFIA)
CFIA enforces policies and standards, set by Health Canada, governing the safety and nutritional quality of all food sold in Canada. CFIA administers regulations dealing with the marketing, processing, and labelling of food products. The departmental responsibility for food lies under several pieces of legislation that apply to producers of food in Manitoba.
Food and Drugs Act
The Food and Drugs Act is the main piece of federal legislation for food safety. It prohibits the sale of unsafe food products in Canada. The Food and Drug Regulations regulates the advertising, sale and importation of foods, drugs, cosmetics and medical devices. The Food and Drugs Act defines “food” to include any article manufactured, sold or represented for use as food or drink for human consumption, including chewing gum and any ingredient that may be mixed with food for any purpose.
Website: http://www.hc-sc.gc.ca/fn-an/legislation/acts-lois/act-loi_reg-eng.php
The Canada Agricultural Products Act
The Canada Agricultural Products Act regulates the marketing of agricultural products in import, export and interprovincial trade. It provides national standards and grades of agricultural products, for their inspection and grading, for the registration of establishments and for standards governing establishments.
Consumer Packaging and Labelling Act
The Consumer Packaging and Labelling Act regulates the consistency, completeness, and accuracy of the labelling and packaging of consumer goods. These regulations create a uniform method for the labelling and packaging of consumer goods to assist consumers in making informed choices in the marketplace.
Meat Inspection Act and Regulations
In Canada, both federal and provincial governments play a role in meat inspection. Animals must be slaughtered at either a provincially registered establishment or a federally registered establishment. Meat must also be processed and inspected in these types of establishments. Meat that is transported between provinces or exported out of the country must be slaughtered and processed in a federally registered establishment. The CFIA performs inspection activities in all federally registered meat establishments.
Website: http://laws-lois.justice.gc.ca/eng/regulations/SOR-90-288/
Safe Food for Canadians Act
The Safe Food for Canadians Act is Canada’s newest Act related to food safety. The act represents a major shift in how CFIA will work with industry, especially small and medium size operations.
The new inspection model (developed in consultation with industry) includes five key components:
- Licensing / registration – there are licensing and registration requirements for all companies that import or export food or that manufacture or process food for trade between provinces
- CFIA oversight – the level of CFIA oversight will vary based on the level of risk associated with the products being manufactured
- Inspection - a systematic approach to inspection will be employed that will assess the Preventative Control Plans (PCPs) and procedures of regulated parties to ensure that food is prepared safely and complies with regulations
- Compliance and enforcement - one common compliance and enforcement strategy for food will be used
- System performance - mechanisms to evaluate the CFIA’s inspection program for consistency, effectiveness and performance will be developed and implemented
PCPs will be required from every license holder importing a food or preparing a food to be sent or conveyed from one province to another.
The CFIA has stated it is sensitive to the needs of small businesses and aware of the importance of finding the right balance between maximizing food safety and minimizing administrative burden. The following two elements of the proposed regulations are essential, regardless of a company’s size:
- Licensing - CFIA needs to know who is doing what with food for the purpose of oversight and enforcement, if necessary
- Food safety requirements - basic requirements for food safety with which everyone who prepares food for human consumption is required to comply
Currently, it is projected that the proposed regulations will be fully implemented by the end of 2017.
Website: http://laws-lois.justice.gc.ca/eng/acts/S-1.1/index.html
Provincial regulationS
In Manitoba, two provincial departments are responsible for food safety inspections in facilities that are not federally registered by the CFIA:
- Manitoba Agriculture is responsible for inspecting food processing plants (where the primary business is not direct marketing to consumers, abattoirs and warehouses)
- Manitoba Health is responsible for inspecting food service operations and food retailers
Manitoba Health
Public Health Inspectors conduct inspections of public eating and food handling establishments on a routine and a complaint basis. These include restaurants, grocery stores, bakeries, butcher shops, delicatessens, catering facilities, take-outs, mobile vending carts, farmers markets and temporary food events at fairs or festivals.
Website: http://www.gov.mb.ca/health/publichealth/environmentalhealth/protection/food.html
Food Service Establishment Permits
Any company wishing to prepare and sell food to the public must apply for a food service establishment permit before opening. To obtain a permit, the company must complete the Food Handling Permit Registration Form and forward it along with the restaurant menu and a detailed floor plan to their district public health inspector.
To contact a public health inspector:
http://www.gov.mb.ca/health/publichealth/environmentalhealth/protection/contact.html.
To access the Food Handling Permit Registration Form online:
www.gov.mb.ca/health/publichealth/environmentalhealth/protection/docs/fhp.pdf
Certified Food Handler Training Program
Manitoba Health is responsible for coordinating provincial food handler training programs. In accordance with the City of Winnipeg Food Service Bylaw, no one can operate a food service establishment unless the person in charge has successfully completed the Certified Food Handler Training Program. Food Service establishments with less than five Food Handlers must have a person on staff that has successfully completed the Certified Food Handler Training program. Food Service Establishments with more than five Food Handlers working at any one time must have a person who has successfully completed the Certified Food Handler Training Program on duty at all times.
Website: http://www.gov.mb.ca/health/publichealth/environmentalhealth/protection/foodsafe.html
Food & Beverage Manitoba provides the Certified Food Handler Training Program for its members at discounted registration rates using an approved Province of Manitoba trainer.
Food & Beverage Manitoba Website: http://mfpaevent.weebly.com/upcoming-training.html
Manitoba Agriculture
Food handling establishments such as food processing plants, meat processing plants, slaughterhouses, warehouses and transportation vehicles are the responsibility of Manitoba Agriculture. Any company that wishes to commercially manufacture, process, or package food products for human consumption, and is not federally registered or permitted by another jurisdiction is required to have a provincial Food Permit through Manitoba Agriculture.
Website: http://www.gov.mb.ca/agriculture/permits-and-licences/
Manitoba Agriculture officers are responsible for enforcing a number of acts and regulations that affect food businesses in Manitoba.
The Public Health Act
Manitoba Health and Manitoba Agriculture are both responsible for enforcing the Food and Food Handling Establishments Regulation under The Public Health Act. The Public Health Act is the enabling legislation for food and food handling establishments, including abattoirs, within Manitoba. The purpose of this Act is to enable the delivery of public health services to protect and promote the health and well-being of the people of Manitoba.
Food and Food Handling Establishments Regulation
Website: http://web2.gov.mb.ca/laws/regs/current/_pdf-regs.php?reg=339/88%20R
The Public Health Act
Certified Food Handler Training Program
Manitoba Health is responsible for coordinating provincial food handler training programs. In accordance with the City of Winnipeg Food Service Bylaw, no one can operate a food service establishment unless the person in charge has successfully completed the Certified Food Handler Training Program. Food Service establishments with less than five Food Handlers must have a person on staff that has successfully completed the Certified Food Handler Training program. Food Service Establishments with more than five Food Handlers working at any one time must have a person who has successfully completed the Certified Food Handler Training Program on duty at all times.
Website: http://www.gov.mb.ca/health/publichealth/environmentalhealth/protection/foodsafe.html
Food & Beverage Manitoba provides the Certified Food Handler Training Program for its members at discounted registration rates using an approved Province of Manitoba trainer.
Food & Beverage Manitoba Website: http://mfpaevent.weebly.com/upcoming-training.html
Provincial Abattoirs and Meat Processing Facilities
Canadian meat slaughter and processing facilities may be registered or licensed provincially rather than federally. Meat from a provincially registered establishment can be shipped only within that province. Provincially licensed facilities must comply with the Food and Food Handling Establishments Regulation.
City of Winnipeg
Within the city of Winnipeg, another set of regulations that impacts food businesses is By-Law No. 5160/89, A By-Law of The City of Winnipeg To Regulate Food Service Establishments. These regulations parallel those found in The Public Health Act and are administered only in the city.
To access the City of Winnipeg Food Service By-Law: http://clkapps.winnipeg.ca/dmis/docext/viewdoc.asp?documenttypeid=1&docid=525