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The Public Health Amendment Act (Food Safety and Other Amendments)

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S.M. 2021, c. 35

Bill 36, 3rd Session, 42nd Legislature

The Public Health Amendment Act (Food Safety and Other Amendments)

Explanatory Note

This note was written as a reader's aid to the Bill and is not part of the law.

This Bill amends The Public Health Act to deal with food safety by

establishing a duty to serve safe food;

expanding powers to seize unsafe food;

clarifying inspection powers related to food; and

expanding regulation-making powers for starting and operating a food establishment.

Currently, information about a disease presenting a public health threat must, on request, be provided to the chief public health officer. The Act is amended to expand the obligation to provide information about a contaminant as well. The definition "contaminated" is clarified by limiting its application to humans.

Consequential amendments are made to The Department of Agriculture, Food and Rural Development Act and The Livestock Industry Diversification Act. The Food Safety and Related Amendments Act, which is unproclaimed, is repealed.

(Assented to May 20, 2021)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. P210 amended

1

The Public Health Act is amended by this Act.

2

Subsection 1(1) is amended

(a) by replacing the definition "contaminated" with the following:

"contaminated", in relation to a person, means the condition of the person, or their clothing or other personal effects, after exposure to a contaminant. (« contaminé »)

(b) by adding the following definitions:

"food" means

(a) food or drink for human consumption;

(b) any ingredient of food or drink; or

(c) anything specified as being food by regulation. (« aliment »)

"food establishment" means a place or premises

(a) where food is manufactured, processed, preserved, packaged, labelled, prepared, stored, handled, displayed, transported, distributed, served, sold, or offered for sale;

(b) where an animal is slaughtered for the purpose of human consumption; or

(c) designated as being a food establishment by regulation. (« établissement alimentaire »)

3

The following is added after section 23 and before the centred heading that follows it:

FOOD SAFETY

Responsibility for food safety

23.1

A person must not

(a) sell or distribute or offer for sale or distribution food that is unfit for human consumption; or

(b) have in their possession for the purpose of sale or distribution food that is unfit for human consumption.

4

Subclause 24(2)(a)(i) is amended

(a) by striking out "a food handling establishment" and substituting "food or a food establishment"; and

(b) by striking out "premises or activity" and substituting "premises, activity or thing".

5(1)

Subsection 32(1) is replaced with the following:

Food as a health hazard

32(1)

Despite section 30 but subject to the regulations, a medical officer, inspector or health officer may seize and destroy or dispose of food without further examination, testing or investigation if he or she reasonably believes

(a) the food is a health hazard;

(b) the food contravenes this Act or a term or condition of a licence, permit or registration; or

(c) a person contravened this Act or a term or condition of a licence, permit or registration in relation to the food.

5(2)

Subsection 32(2) of the English version is amended by striking out "may not be appealed" and substituting "is not subject to appeal".

6

Subsection 78(1) is amended by adding "or contaminant" after "a disease".

7

Subsection 86(1) is amended by adding the following after clause (a):

(a.1) open any container that the medical officer reasonably believes contains food or any other thing related to food that is relevant to their inspection;

8

Section 108 is amended by striking out "place or premises" wherever it occurs and substituting "place, premises or thing".

9

Subsection 112(1) is amended

(a) in clause (d), by striking out "premises or activity" and substituting "premises, activity or thing";

(b) in clause (j) of the French version, by striking out "l'ameublement" and substituting "l'aménagement";

(c) by replacing clause (m) with the following:

(m) respecting the location, construction, furnishings, equipment, maintenance, sanitation, disinfection, operation and approval of food establishments;

(m.1) designating a place or premises as being a food establishment for the purpose of the definition "food establishment" in subsection 1(1);

(m.2) respecting the slaughter of animals for the purpose of human consumption;

(d) by repealing clause (n);

(e) in clause (o),

(i) by adding "gathering," after "respecting the", and

(ii) by adding "marketing, advertising," after "labelling,";

(f) by adding the following as clause (o.1):

(o.1) specifying anything as being food for the purpose of the definition "food" in subsection 1(1);

(g) in clause (p), by striking out "products" and substituting "things";

(h) in clause (w), by adding ", including the operation of a food establishment," after "other activity";

(i) in clause (x), by adding the following after subclause (i):

(i.1) exempting a person or activity from the requirement to be licenced or registered or to obtain a permit,

(i.2) establishing categories of licences, permits or registrations based on the activity, and establishing a classification system of activities for this purpose,

(j) in clause (oo), by adding ", including standards and requirements for education, training and certifications," after "under this Act".

Consequential amendment, C.C.S.M. c. A40

10(1)

Subsection 4.1(1) of The Department of Agriculture, Food and Rural Development Act is amended by striking out "food or food premises, as those terms are defined in The Food Safety Act" and substituting "food or a food establishment, as those terms are defined in The Public Health Act".

Conditional amendment

10(2)

Subsection (1) is amended by striking out "The Department of Agriculture, Food and Rural Development Act" and substituting "The Department of Agriculture and Resource Development Act" if the following occurs before the coming into force of this section:

(a) Bill 14, introduced in the Third Session of the 42nd Legislature and titled The Minor Amendments and Corrections Act, 2020, receives royal assent;

(b) subsection 10(2) of that Act comes into force.

Consequential amendments, C.C.S.M. c. L175

11

Subsection 14(1) and clause 14(3)(c) of The Livestock Industry Diversification Act are amended by striking out "at a slaughterhouse approved under" and substituting "at a food establishment operated in accordance with".

S.M. 2009, c. 8 repealed

12

The Food Safety and Related Amendments Act, S.M. 2009, c. 8, is repealed.

Coming into force

13

This Act comes into force on a day to be fixed by proclamation.