Regulation BEFORE repealed by BC Reg 261/2016, effective January 1, 2017.
| B.C. Reg. 12/78 O.C. 89/78 | Filed January 26, 1978 |
Fish Inspection Act
Fish Inspection Regulations
[includes amendments up to B.C. Reg. 207/2011, January 1, 2012]
Interpretation
2 In these regulations:
"Act" means the Fish Inspection Act;
"bloaters" means salted, smoked, round herring;
"bloater fillets" means fillets of salted, smoked, round herring;
"breaded fish" means fish or fish flesh that is coated with batter and breading;
"brine" means a solution of common salt (sodium chloride) and fresh water, or sea water with or without the addition of salt;
"can" means any hermetically sealed glass or metal container;
"canned fish" means any fish that is sealed in a can and is sterilized;
"cannery" means an establishment where canned fish is produced for human consumption;
"comminuted fish" means fish flesh that has been ground to a fine, uniform consistency;
"cultured marine finfish" means fish in the superclasses Agnatha and Gnathostomata that are grown and cultivated for commercial purposes in a marine environment or in containers of salt water;
"decomposed" with respect to fish, means fish that has an offensive or objectionable odour, flavour, colour or textural defect associated with spoilage;
"depuration" means the removal, in a controlled environment, of micro-organisms of public health significance from live molluscs;
"drained weight" means the weight of the edible contents of a container of fish after the liquid has been drained by a method approved by the minister;
"filler" means
(a) flour or meal prepared from grain or potatoes,
(b) processed wheat flour containing not less than the equivalent of 80% dextrose, as determined by a method approved by the minister,
(c) bread, biscuit or bakery products, except those containing or made with a legume, or
(d) milk powder, skim milk powder, buttermilk powder or whey powder;
"fillets" means
(a) slices of fish flesh of irregular size and shape that have been removed from the carcass of fish by cuts made parallel to the backbone, or
(b) slices of fish flesh described in paragraph (a) that have been cut into sections, and from which all internal organs, head, fins, bones, except intramuscular or lateral bones, and all discoloured flesh have been removed;
"fish broker" means a person who buys or offers to buy fish whether on the person's own behalf or as an agent for another and whether on a commission basis or otherwise, but does not include a person who is
(a) licensed under section 13 or 22 of the Fisheries Act, or
(b) purchasing for the purchaser's own personal consumption or for resale to others for their own personal consumption;
"fisher" means a person licensed under the Fisheries Act (Canada) for commercial fishing;
"herring" means fish of the species Clupea pallasii or Clupea harengus;
"licence" means a licence issued under sections 13 or 22 of the Fisheries Act or section 23.1 of this regulation;
"lobster cocktail" means lobster canned in combination with cod, haddock, hake or cusk, or any combinations thereof;
"molluscs" for the purpose of these regulations, means fish invertebrates of the Phylum Mollusca, including oysters, clams, geoduck, abalone, mussels and cockles, either shucked or in the shell, and any edible product thereof;
"net weight" means the total weight of the edible contents of a container;
"plumping" means the holding of shucked molluscs in water of salinity less than that in which they were grown;
"processing" includes cleaning, filleting, icing, packing, canning, freezing, smoking, salting, cooking, pickling, drying or preparing fish for market in any other manner;
"semipreserves" means fish that has been prepared by salting or pickling in brine, vinegar, sugar, spices or any combinations thereof and packed so that it may be kept fit for human consumption for a minimum of 6 months by means of refrigeration without freezing;
"shrimp or crab cocktail" means shrimp or crab meat packed with sauce, spices, seasonings or flavourings, or any combination thereof;
"sterilized", in respect of canned fish, means fish that has been treated with heat to prevent spoilage and to destroy all pathogenic organisms;
"tainted", in respect of fish, means fish that is rancid or has an abnormal odour or flavour;
"unwholesome", in respect of fish, means fish that has in or upon it bacteria of public health significance or substances toxic or aesthetically offensive to man;
"whitefish" means fish of the species Coregonus clupeaformis, Coregonus nasus or Prosopium cylindraceum.
[am. B.C. Regs. 429/93, s. 1; 207/2011, App. 2, s. 1.]
Inspection
3 All fish are subject to inspection by an inspector and an inspector may take samples of fish free of charge for the purpose of inspection.
Accessibility
4 The owner of fish or a person acting on his behalf shall make readily accessible to an inspector any fish or containers for which inspection or reinspection is required under these regulations.
Tainted fish
5 (1) No person shall process any fish that is tainted, decomposed or unwholesome or otherwise fails to meet the requirements of these regulations.
(2) Fish that is tainted, decomposed or unwholesome shall be disposed of by the owner thereof under the direction of an inspector in such a way as to prevent the possibility of the fish being marketed or sold for human consumption.
Packaging
6 Unless otherwise permitted by the minister, fish shall be packed in new, clean, sound containers.
Detention of fish
7 (1) For the purpose of preserving the identity of any fish, an inspector may detain the fish by attaching to any of the fish or any container thereof a numbered tag upon which shall be clearly written
(c) a brief description of the lot detained,
(e) the signature of the inspector.
(2) Where any fish is detained pursuant to subsection (1), the inspector shall deliver or mail to the owner or his agent a duly completed notice of detention.
(3) Where any fish is detained pursuant to subsection (1) on premises owned by a person who is not the owner of the fish, a copy of the notice of detention shall be delivered or mailed to that person.
(4) No person shall alter, deface or remove a tag attached to any fish or container thereof pursuant to subsection (1), or move, sell or otherwise dispose of any such fish or container thereof unless he has obtained a release from an inspector.
(5) Where an inspector is satisfied that any fish detained pursuant to subsection (1) meets the requirements of these regulations, he shall prepare a notice of release and deliver or mail one copy thereof to the owner of the fish or his agent and one copy to the person, if any, on whose premises the fish was found.
Inspection certificate
8 Where an inspector is satisfied that any fish meets the requirements of these regulations, he shall, on request, issue an inspection certificate for such fish in a form satisfactory to the minister.
Appeal of inspector's decision
9 (1) Where a person interested in a decision of an inspector in respect of any inspection, grading, marking or other matter under the Act or a related part of these regulations is not satisfied with a decision of an inspector, he may, by notice in writing, appeal the decision to the minister, who shall, subject to section 10, order a reinspection.
(2) Where a reinspection is made pursuant to subsection (1) and the minister makes a decision as a result thereof, that decision shall be final.
Justification for reinspection
10 No reinspection shall be ordered pursuant to section 9 unless the person who is appealing the decision of an inspector is able to satisfy the minister that
(a) the identity of the fish or containers of fish in dispute has been preserved,
(b) the request for reinspection was made within 30 days of the disputed inspection, and
(c) the fish or containers of fish do not have in or upon them any poisonous or harmful substance.
Reinspection
11 Where an inspector has reasonable grounds to believe that fish has deteriorated after the date on which it was inspected or that it otherwise fails to meet the requirements of these regulations, he may again inspect such fish.
Processing of fresh herring for human consumption
11.1 Where fresh herring is for human consumption, its processing, except icing or chilling, must commence within 24 hours of delivery at the processing establishment and must not be discontinued until the herring is preserved to a degree that assures maximum quality of the product.
Sale of non-processed fish
12 (1) A person must not sell or attempt to sell any fish, other than cultured marine finfish or bivalve molluscs, unless the fish was, before the sale or attempted sale, processed, graded, handled or stored in an establishment identified in a licence under section 13 (1) or (2) of the Fisheries Act.
(2) Subsection (1) does not apply to
(a) a sale or attempted sale by a fisher of his or her own catch, or
(b) a sale or attempted sale of fish to a person who holds a licence under section 13 (1) or (2) of the Fisheries Act or section 23.1 of this regulation.
(3) A person must not sell or attempt to sell any harvested cultured marine finfish or bivalve molluscs unless the finfish or molluscs were, before the sale or attempted sale, processed, graded, handled or stored in an establishment identified in
(a) a licence under section 13 (1) of the Fisheries Act, and
(b) a certificate of registration issued under the Fish Inspection Regulations (Canada).
(4) Subsection (3) does not apply to a sale or attempted sale of harvested cultured marine finfish or bivalve molluscs to a person who holds a licence under section 13 (1) or (2) of the Fisheries Act or section 23.1 of this regulation.
[en. B.C. Reg. 207/2011, App. 2, s. 2.]
Voided inspection certificate
13 (1) Where an inspection is made under section 11 and the fish is found not to be of the grade marked on the container, any inspection marks and quality designations on the container shall be removed or obliterated and any inspection certificate that may have been issued for the fish is void.
(2) No person shall use an inspection certificate if he knows that the certificate is void.
Licences
14 A licence shall be issued by the minister in respect of
(a) an establishment where canned fish is processed only when the establishment meets the requirements of Parts I and II of Schedule A,
(b) an establishment where salted fish are processed only when the establishment meets the requirements of Parts I and III of Schedule A,
(c) an establishment where fresh or frozen fish or semipreserves are processed only when the establishment meets the requirements of Parts I and IV of Schedule A, and
(d) an establishment where molluscs are processed only when the establishment meets the requirements of Parts I and V of Schedule A.
Licence cancellation
16 The minister may cancel a licence
(a) where in his opinion any serious contamination is present in the establishment in respect of which the licence was issued, or
(b) where the licence was issued
(i) in respect of an establishment described in section 14 (a), if in his opinion the establishment is not maintained in accordance with Parts I and II of Schedule A and does not meet the operating requirements of Parts I and II of Schedule B,
(ii) in respect of an establishment described in section 14 (b), if in his opinion the establishment is not maintained in accordance with Parts I and III of Schedule A and does not meet the operating requirements of Parts I and III of Schedule B,
(iii) in respect of an establishment described in section 14 (c), if in his opinion the establishment is not maintained in accordance with Parts I and IV of Schedule A and does not meet the operating requirements of Parts I and IV of Schedule B, and
(iv) in respect of an establishment described in section 14 (d), if in his opinion the establishment is not maintained in accordance with Parts I and V of Schedule A and does not meet the operating requirements of Parts I and V of Schedule B.
Boat requirements
17 No person shall use a boat for fishing or for the transportation of fish for processing unless the boat meets the requirements of Schedule C.
Establishment requirements
18 No person shall operate an establishment for storing frozen fish unless the establishment meets the requirements of Schedule D.
Conveyances must be clean
19 All conveyances, including vehicle bodies, boxes, tubs and barrels, used to transport fish to or from any establishment described in section 14 shall be clean and shall be disinfected when necessary.
Fish for processing
20 Fish that is intended for processing shall be adequately iced or chilled while being held or transported and shall be protected from contamination and the weather.
Fish being transported
21 (1) Fresh fish, frozen fish and semipreserves shall be protected from contamination and the weather during loading and unloading.
(2) Fresh fish and semipreserves, while under the control of a carrier, shall be adequately iced or chilled while being held or transported.
(3) Frozen fish, while under the control of a carrier, shall be kept refrigerated in a manner that ensures that the temperature of the fish does not exceed -18°C at any time.
(4) A person must not use a vehicle to transport fish unless the vehicle meets the requirements of Part IV of Schedule E.
(5) This section does not apply to a person transporting fish for that person's personal use.
[am. B.C. Reg. 207/2011, App. 2, s. 3.]
Licence required
22 (1) A person must not buy or attempt to buy fish direct from a fisher for resale or for processing unless the buyer is the holder of a fish broker's licence or a licence under section 13 or 22 of the Fisheries Act.
(2) A person must not act or be held out as a fish broker unless the person is the holder of a fish broker's licence.
[en. B.C. Reg. 429/93, s. 2; am. B.C. Reg. 207/2011, App. 2, s. 4.]
Fish buyer's licence
23 (1) The minister must not issue a licence to operate a fish buying station under section 13 (2) of the Fisheries Act unless the fish buying station meets the requirements of Schedule E.
(2) Repealed. [B.C. Reg. 167/89, s. 5.]
(3) Repealed. [B.C. Reg. 207/2011, App. 2, s. 5 (b).]
(4) The minister may cancel a licence to operate a fish buying station if the holder of the licence is convicted of an offence under the Act or this regulation.
[am. B.C. Regs. 167/89, s. 5; 207/2011, App. 2, s. 5.]
Fish broker's licence
23.1 (1) A fish broker's licence may be issued by the minister to a person who
(a) is a citizen or permanent resident of Canada who resides in British Columbia or who has a registered declaration under section 88 of the Partnership Act,
(b) maintains a registered office in British Columbia under the Company Act or the Partnership Act, or
(c) has a registered declaration under section 81 or 88 of the Partnership Act.
(2) A fish broker's licence is for a term of 1 year and is not assignable or transferable.
(3) The minister may suspend or cancel a fish broker's licence if the holder contravenes a provision of the Act or regulations or the Fisheries Act or regulations under that Act or ceases to qualify under subsection (1) for a fish broker's licence.
(4) It is a condition of a fish broker's licence that the fish broker keep a record of fish purchased and make reports to Aquaculture and Commercial Fisheries Branch, B.C. Ministry of Agriculture, Fisheries and Food, 808 Douglas Street, Victoria, B.C., V8W 2Z7 in the manner and form and at the intervals specified by the minister.
(5) The annual fee for a fish broker's licence is as follows:
| to buy salmon | $230 |
| to buy roe herring | 230 |
| to buy other fin fish | 150 |
| to buy invertebrates | 150 |
[en. B.C. Reg. 429/93, s. 3.]
Sale requirements
24 (1) No fish or fish product shall be sold or offered for sale to the consumer in or on any premises unless the requirements of Schedule F are met.
(2) Fish caught by a fisher and offered for sale as dressed, iced, fresh or frozen fish may be exempted by order of the minister from the requirements of subsection (1).
[am. B.C. Reg. 207/2011, App. 2, s. 4.]
Unacceptable equipment
25 (1) When in the opinion of an inspector any equipment, utensil, room or compartment at a fish processing, storing or retailing establishment is unclean or its use would contravene any of these regulations, he shall attach a numbered tag in such form as the minister may prescribe.
(2) No equipment, utensil, room or compartment so tagged shall again be used until made acceptable, and such tag so placed shall not be removed by anyone other than an inspector.
No sale of defective cans
27 No person shall sell or attempt to sell cans of fish
(a) that have not been properly sealed,
(b) the tops or bottoms of which have been distorted outwards, or
Labelling — canned fish
28 (1) In the case of canned fish, every can of fish or the wrapper or label thereon shall be correctly and legibly marked in English or French, in addition to any other language, to indicate
(a) the common name of the fish,
(b) in the case of fish other than shellfish and crustaceans, the net weight of the contents,
(c) in the case of shellfish and crustaceans, the drained weight of the contents,
(d) the name and address of the person by whom or for whom the fish is processed or by whom it is distributed, and
(e) the ingredients in each can, where there is more than one ingredient therein,
(i) by listing them in descending order of their proportion in the can, or
(ii) by stating the proportion of each ingredient in the can.
(2) The information required pursuant to subsection (1) shall be shown in such a manner that
(a) the common name of the fish and the stated weight thereof appear on the main body or face of the can or on the main panel of the label thereon,
(b) the common name of the fish is shown in letters of equal height and prominence and indicates whether the product has been prepared
(i) by mincing, flaking or other special process,
(ii) from selected parts of fish, or
(c) the printing used to indicate the weight of fish is not less than 1/8 inch in height.
(3) Where descriptive terms are used in addition to the wording required by subsection (1), such terms shall be printed in letters not less than 1/2 the height of the letters used for the common name of the fish.
Labelling — non-canned fish
29 (1) In the case of fish, other than canned fish, every container or the label thereon shall be correctly and legibly marked in English or French, in addition to any other language, to indicate
(a) the common name of the fish,
(b) the net weight of the fish, unless
(i) in the case of oyster and clam meats that are not frozen, the container or label is marked with a statement of net contents in terms of fluid measure or by count,
(ii) in the case of oysters that are marketed in the shell, the container or label is marked with a statement of the contents in terms of bushels or pecks or by count, or
(iii) in any case not referred to in subparagraph (i) or (ii), the container or label states that the contents are to be weighed at the time of retail sale,
(c) the grade, size, class, count and moisture content
(i) in the case of pickled fish, with the grade, class and size of the fish,
(ii) in the case of boneless or semiboneless salted fish, with the grade of the fish,
(iii) in the case of bloaters, with the grade and count of the fish,
(iv) in the case of bloater fillets, with the grade of the fish, and
(v) in the case of salted fish, other than boneless or semiboneless salted fish, with the grade and class of the fish, the size or count of the fish and the designation for moisture content,
(d) the name and address of the person by whom or for whom the fish is processed or by whom it is distributed, and
(e) the ingredients in each container, where there is more than one ingredient therein,
(i) by listing them in descending order of their proportion in the container, or
(ii) by stating the proportion of each ingredient in the container.
(2) In the case of oysters and clams that are marketed shucked or in the shell, each container shall meet the requirements of subsection (1) (d) and (e) and section 52.
(3) The markings referred to in subsection (1) (a) to (e) shall be shown on the main panel of every container of fish and shall be not less than 1/8 inch in height.
(4) Cartons and cases are exempt from subsection (1) (b) to (e) where they contain containers of fish that are marked in accordance with subsections (1), (2) and (3).
No deceptive labelling
30 No person shall package any fish or mark or label or advertise any container of fish in a manner that is false, misleading or deceptive.
Restriction on markings
31 No person shall mark or label or advertise any fish or container of fish with the designation "Processed Under Government Supervision" or "Canada Inspected" or "Approved for Further Processing" without the consent of the minister.
Standards of quality
32 No person shall mark or label or advertise a container of fish with a quality designation or sell a container of fish so marked or labelled unless
(a) specific standards of quality have been defined by these regulations, and
(b) the fish in the container meets the prescribed standard of quality.
Halibut
33 No person shall label or offer for sale, within the Province, any food fish product designated as halibut, unless such food fish product is Hippoglossus stenolepis or Hippoglossus hippoglossus.
Date of processing
34 (1) Every carton and case in which containers of fish are packed at any establishment shall be legibly marked on one end in such a manner that the name of the establishment and the day, month and year of processing can be determined by an inspector.
(2) Every container in which pickled, spiced or marinated fish are packed at an establishment shall be legibly marked in such a manner that the name of the establishment and the day, month and year of processing can be determined by an inspector.
Establishment codes
35 (1) Every can of fish, with the exception of sport caught fish, that is packed in an establishment for which a licence has been issued under these regulations, shall be embossed with code markings that
(a) identify the establishment,
(b) indicate the day, month and year of processing, and
(c) identify the product contained therein in accordance with the following table:
| Product | First Letters of Code Marking | ||
| 1 | Salmon: | ||
| Blueback | B | ||
| Chum | K | ||
| Coho | C | ||
| Pink | P | ||
| Sockeye | S | ||
| Spring | T | ||
| Steelhead | H | ||
| Mixed species of minced salmon | M | ||
| 2 | Lobster | L | |
| 3 | Tomally or lobster paste | LT | |
| 4 | Lobster cocktail | LC | |
| 5 | Tuna: | ||
| Albacore | A | ||
| Yellowfin | Y | ||
| Skipjack | J | ||
| 6 | Crabmeat | X | |
| 7 | Clams: | ||
| Whole | W | ||
| Minced | U | ||
| Nectar | N | ||
| 8 | Oysters | Q | |
| 9 | Kahada | D | |
(2) A copy of the key to code markings required by this section shall be sent to the minister each year before the commencement of processing operations.
Exemption
36 Notwithstanding section 35 (1), a hermetically sealed glass container containing fish is exempt from the embossing requirement referred to in that subsection, if the container or the label thereto is otherwise permanently marked with the code markings required by that subsection.
Vacuum
38 All canned fish, except canned fish packed in flat drawn cans, shall have sufficient vacuum to ensure that the can ends do not bulge when the product is heated to a temperature of 35°C.
[am. B.C. Reg. 207/2011, App. 2, s. 6.]
Clams, mussels and oysters
39 (1) Canned clams, mussels and oysters shall not contain excessive green algae and shall be free from sand, gravel, pearls, discoloration and shell pieces.
(2) Canned soft shelled clams shall have the dark coloured portion of the siphon and all of the mantle cover removed.
(3) Canned butter clams shall have the black portion of the siphon removed.
Designation of salmon
41 (1) Salmon of a species named in Column 1 of an item of the table to this subsection shall be designated, after it has been canned, by the appropriate common name set out in Column II of that item:
| Column I | Column II | |
| 1 | Oncorhynchus nerka | Sockeye Salmon, Red Sockeye Salmon or Red Salmon. |
| 2 | Oncorhynchus tschawytscha | Spring Salmon, King Salmon or Chinook Salmon. |
| 3 | Oncorhynchus kisutch | Coho Salmon or Medium Red Coho Salmon. |
| 4 | Oncorhynchus gorbuscha | Pink Salmon. |
| 5 | Oncorhynchus keta | Chum Salmon or Keta Salmon. |
| 6 | Salmo gairdnerii | Steelhead Salmon or Deep Sea Trout. |
| 7 | Salmo salar | Salmon or Atlantic Salmon. |
(2) In addition to the appropriate common name in Column II of the table of this section, canned salmon of the species Oncorhynchus tschawytscha may be designated as "red", "pink" or "white" to indicate the colour of the flesh in accordance with standards approved by the minister.
(3) Notwithstanding subsection (1),
(a) immature coho salmon (Oncorhynchus kisutch) may be designated as "Blueback Salmon" if it meets the colour standard approved by the minister, and
(b) cans of minced salmon containing mixed species shall be designated as "Minced Salmon".
Regular pack salmon
42 Regular pack canned salmon, which consists of sections of flesh that are cut transversely from the fish and are nearly equal in length to the height of the can, shall be packed so that the cut surfaces are parallel with the ends of the can.
Skinless and boneless salmon
43 Regular pack canned salmon described in section 42 shall be designated skinless and boneless canned salmon if it is salmon from which the skin and vertebrae have been removed.
Minced salmon
44 Each can containing minced salmon or trimmings from the tail and nape sections of a salmon or other small pieces of salmon shall be embossed with the words "Minced" or "Salmon Tips", as appropriate, or such other designation as may be approved by the minister.
Grade B salmon
45 (1) Canned salmon shall be designated as Grade B if, in the opinion of an inspector,
(a) it has an odour, flavour or soft texture associated with incipient spoilage or advanced sexual maturity,
(b) it is excessively discoloured, or
(c) in the case of sockeye or coho salmon, it is excessively pale.
(2) The words "Grade B" shall be shown on the main panel of the label of every can of salmon referred to in subsection (1) in letters not less than 1/8 inch in height.
(3) Every carton and case in which cans of salmon referred to in subsection (1) are packed shall be marked conspicuously on one end with the words "Grade B" in letters not less than 1 inch in height.
Tuna
46 Fish of a species named as follows in this section shall be designated as tuna after it has been canned:
(a) Euthynnus alletteratus (little tunny);
(b) Euthynnus lineatus (little tunny);
(c) Euthynnus vaito (Kawakana);
(d) Katsuwonus pelamis (skipjack);
(e) Neo thunnus macropterus (yellow fin tuna);
(f) Neo thunnus rarus (northern bluefin tuna);
(g) Para thunnus mebachi (big eye tuna);
(h) Thunnus atlanticus (blackfin tuna);
(j) Thunnus maccovii (southern bluefin tuna);
Designation of tuna
47 The species of fish Sarda chiliensis or Sarda lineolata, after it has been canned, shall be designated as "Bonito" or "Bonito Tuna".
Colour of tuna
48 In addition to the requirements of section 28, the labels on all cans of tuna shall indicate the colour of the fish flesh in accordance with the following colour classifications:
(a) "White Meat Tuna" or "White Tuna" is canned tuna that has a diffuse luminous reflectance of not less than 33.7% that of magnesium oxide when that reflectance is measured by a method prescribed by the minister;
(b) "Light Meat Tuna" or "Light Tuna" is canned tuna that has a diffuse luminous reflectance of not less than 22.6% that of magnesium oxide when that reflectance is measured by a method prescribed by the minister;
(c) "Dark Meat Tuna" or "Dark Tuna" is canned tuna that does not meet the colour requirements of "Light Meat Tuna".
Sardines
49 Only canned fish that are produced from small clupeoid fish may be designated as "sardines".
Fish sticks
50 (1) Fish sticks for sale in the Province shall
(a) if cooked, contain a minimum of 66 2/3% by weight of fish flesh,
(b) if uncooked, contain a minimum of 75% by weight of fish flesh,
(c) weigh not less than 1 ounce each,
(e) not be prepared from comminuted fish flesh.
(2) In this section, "fish sticks" means uniform, rectangular portions of breaded fish flesh.
Breaded scallops
51 Breaded scallops for sale in the Province shall,
(a) if cooked, contain a minimum of 66 2/3% by weight of scallop meat, and
(b) if uncooked, contain a minimum of 75% by weight of scallop meat.
Sale of oysters and clams
52 No person shall sell oysters and clams in the shell in other than approved containers, except oysters for replanting or relaying.
Condition of oysters and clams
53 Oysters and clams in the shell shall be alive, undamaged and free from mussels, limpets, stones, excess mud and other extraneous material.
Harvesting information
54 (1) A person who harvests bivalve molluscs for commercial purposes shall, before removing the molluscs from the harvest site,
(a) place them in containers, and
(b) affix to each container a tag legibly and durably marked to indicate
(i) the name of the harvester,
(ii) the species of mollusc in the container,
(iii) the area and sub-area of harvest, as set by the Department of Fisheries and Oceans (Canada),
(v) a lease or licence of occupation number issued under section 38 or section 39 of the Land Act, if applicable.
(a) deface or alter a tag affixed to a container under this section, or
(b) remove a tag affixed to a container under this section until the molluscs
(i) have been received for processing at an establishment that has a valid certificate of registration issued by the Department of Fisheries and Oceans (Canada), and
(ii) have been adequately marked for identification by a means other than the tag.
(3) The person in charge of an establishment who receives molluscs in containers to which tags have been affixed under this section shall ensure that the information on each tag is recorded and retained for at least one year after the date of receipt.
[en. B.C. Reg. 166/86, s. 2; am. B.C. Reg. 187/94.]
Shucked oysters and clams
55 (1) Shucked oysters and clams shall be packed, shipped and sold only in containers approved by the minister.
(2) Shucked oysters and clams for retail trade shall be packed, shipped and sold in single service watertight containers made of clean impervious materials positively sealed so that tampering with the containers can be detected.
(3) The packer's certificate number, preceded by "B.C.", shall be impressed, embossed, lithographed or otherwise permanently recorded on every shipping container.
(4) Every container shall be legibly marked in such a manner that the day, month and year of packaging can be determined by an inspector.
Bulk labelling
56 Where oysters and clams are shipped in bulk, each shipment shall be accompanied by a statement or invoice indicating the species, quantity, the certificate number of the shipper, his name and address, the name and address of the consignee and, either coded or uncoded, the earliest date the oysters or clams were taken from the water.
Shrimp or crab cocktail
57 (1) Shrimp or crab cocktail shall be prepared from sound, cooked, peeled shrimp or crab meat.
(2) Shrimp or crab cocktail shall contain not less than 36 1/2% by weight of shrimp or crab meat.
Part VI — Pickled, Spiced and Marinated Fish
Pickle and brine
58 Pickle or brine in which fish is cured or packed shall be made with clean, unused salt.
Canning requirements
59 Containers of pickled fish shall not leak and the fish therein shall be completely covered with pickle or brine.
Condition of fish
60 No person shall cure fish as pickled, spiced or marinated fish unless prior to curing
(a) the fish are free from organoleptically detectable spoilage, bruises and other discolorations,
(b) the fish are clean, firm and properly prepared for the particular style of pack,
(c) the fish are free from all damaging feed or stomach contents,
(d) the containers in which they are packed do not leak,
(e) the fish are completely covered with the curing solution,
(f) the fish are properly cured,
(g) the fish contain a reasonable amount of fat,
(h) the fish are properly headed, where required, with a clean cut behind the collar bone, and
(i) the ingredients used in the curing mixtures are of a type acceptable to the minister.
Salted herring
61 Dry salted herring for sale in the Province shall be thoroughly cured and prepared from fresh herring.
Construction and Equipment Requirements for Establishments
[am. B.C. Reg. 207/2011, App. 2, s. 7.]
Part I — General
1 The surface of floors in wet working areas where fish is received, held or processed shall be sloped for drainage purposes and constructed of concrete or such other material as the minister may approve.
2 Floors in dry working areas shall be properly constructed of such material as the minister may approve.
3 Drains shall be of a type and size sufficient to carry off process effluents and water from cleaning operations and shall be equipped with traps or other devices to preclude the entry of gases or vermin into the building through the drains.
4 Inside surfaces of walls in wet working areas where fish is received, held or processed shall be constructed of smooth, waterproof, light coloured material that is acceptable to the minister and that can be thoroughly washed.
5 Natural or mechanical ventilation systems shall provide clean air, remove undesirable odours, steam and smoke, and prevent condensation in rooms where work is performed.
6 Toilet facilities of types and in numbers approved by the minister shall be provided.
7 Rooms in which toilet facilities are located shall have doors of a type approved by the minister.
8 Sanitary washbasins equipped with hot and cold running water, liquid or powdered soap and air dryers or single service towels of types and in locations and numbers approved by the minister shall be provided.
9 (1) An adequate supply of safe, sanitary water that
(a) has a coliform bacteria count, determined by a method acceptable to the minister, of not more than 2 per 100 millilitres, or
(b) is derived from a source approved by the minister,
shall be provided under a minimum operating pressure of 20 pounds per square inch.
(2) Notwithstanding subsection (1), an establishment may use water other than water referred to in subsection (1) for fire protection, boilers or auxiliary services if there is no connection between the water systems providing water to the establishment.
10 The frames and legs of all equipment on which fish is processed shall be constructed of metal or other material approved by the minister.
11 Tables shall be so constructed that they and the areas beneath can be readily cleaned.
12 (1) Bins or receptacles in which offal is stored shall be watertight, constructed of metal or other material approved by the minister and, where necessary to prevent contamination of the establishment or any fish processed therein, be equipped with well fitted covers.
(2) A concrete or other suitable surface, sloped for drainage purposes, shall be placed under elevated offal bins.
13 Wood shall not be used for the construction of any part of a conveyer that comes in contact with fish.
14 Flumes for conveying fish shall be constructed of noncorrodible material, other than wood, and in such a manner that they can be properly cleaned.
15 A minimum illumination intensity of 50 foot-candles shall be provided on all working surfaces in processing rooms.
Part II — Canneries
1 Rooms in which fish is processed shall have ceilings that are free from cracks, crevices and open joints and that
(a) are constructed of smooth, washable, light coloured material, and
(b) are of a height acceptable to the minister.
2 There shall be no exposed pipes over any working surfaces on which fish is processed.
3 Hot water shall be provided and maintained at a minimum temperature of 43°C in sufficient quantity for the operations of the cannery.
4 Facilities shall be provided, at a convenient location, for disinfecting the protective hand coverings used in processing areas.
5 (1) Cutting, filleting and skinning boards shall be made of planed lumber or other material that is smooth and without cracks and shall be constructed in a manner approved by the minister.
(2) Cracking blocks and mallets shall be constructed of material approved by the minister.
(3) Roller devices used for extracting crab meat shall be constructed of noncorrodible material approved by the minister and shall be equipped with spray washers.
6 Surfaces, other than cutting, filleting and skinning boards, on which fish is processed shall be made of noncorrodible material, other than wood, and all joints on such surfaces shall be smooth and watertight.
7 All receptacles, trays, tanks, vats and utensils used for processing fish shall be of noncorrodible material, other than wood, and shall have smooth surfaces free from cracks and crevices.
8 Boxes, carts, bins and other receptacles used in a cannery for holding fish, other than live fish, before it is further processed or shipped shall be constructed so as to provide drainage and, if made of wood, shall be constructed of planed lumber or waterproof plywood and shall be coated with a material approved by the minister.
9 Conveyer belts that come in contact with fish, other than canned fish, shall be fitted with a spray washer and, where practical, a scraper.
10 Wire mesh utensils shall not be used in processing except for the handling of shellfish and crustaceans in the shell.
11 Enamelled utensils shall not be used in processing.
12 An adequate supply of steam shall be maintained at a sufficient pressure for the operations of the cannery.
13 Every cannery shall be equipped with one or more
(a) sealing machines of a type approved by the minister, and
(b) retorts equipped with properly installed
(i) mercury in glass thermometer,
(ii) pressure gauge,
(iii) steam spreader,
(iv) venting values, and
(v) approved temperature recorder.
Part III — Salted Fish Establishment
1 Inside surfaces of walls in dry working areas where fish is processed or stored shall be constructed of light coloured material that is acceptable to the minister.
2 Ceilings of working areas where fish is processed shall be of a height and constructed of material acceptable to the minister.
3 Cutting surfaces on which fish is dressed or split shall be made of planed lumber or other material that is smooth and without cracks and shall be constructed in a manner approved by the minister.
4 Table surfaces, other than cutting and cleaning boards, on which fish is processed shall be made of noncorrodible material, other than wood, and all joints on such surfaces shall be smooth and watertight.
5 (1) All receptacles, trays and utensils used for holding salted fish, other than packaged fish, shall be constructed of material approved by the minister.
(2) Where receptacles, trays or utensils referred to in subsection (1) are made of wood, they shall be constructed of planed lumber or waterproof plywood and coated with a material approved by the minister.
(3) Receptacles, trays and utensils in which pickled fish is held shall be constructed in such a manner that the contents thereof can drain.
6 Tanks or vats used in the processing of fish shall be constructed of material approved by the minister.
Part IV — Fresh or Frozen Fish or Semipreserves Processing Establishments
1 Rooms in which fish is processed shall have ceilings that are free from cracks, crevices and open joints and that
(a) are constructed of smooth, washable, light coloured material, and
(b) are of a height acceptable to the minister.
2 Hot water shall be provided and maintained at a minimum temperature of 43°C in sufficient quantity for the operations of the fresh or frozen fish establishment.
3 Facilities shall be provided, at a convenient location, for disinfecting the protective hand coverings used in processing areas.
4 (1) Cutting, filleting and skinning boards shall be made of planed lumber or other material that is smooth and without cracks and shall be constructed in a manner approved by the minister.
(2) Cracking blocks and mallets shall be constructed of material approved by the minister.
(3) Roller devices used for extracting crab meat shall be constructed of noncorrodible material approved by the minister and shall be equipped with spray washers.
5 Surfaces, other than cutting, filleting and skinning boards, on which fish is processed shall be made of noncorrodible material, other than wood, and all joints on such surfaces shall be smooth and watertight.
6 All receptacles, trays, tanks, vats and utensils used for processing fresh fish, frozen fish and semipreserves shall be of noncorrodible material, other than wood, and shall have smooth surfaces free from cracks and crevices.
7 Boxes, carts, bins and other receptacles used in a fresh fish, frozen fish or semipreserve establishment for holding fish, other than live fish, before it is further processed or shipped shall be constructed so as to provide drainage and, if made of wood, shall be constructed of planed lumber or waterproof plywood and shall be coated with a material approved by the minister.
8 Conveyer belts that come in contact with fish, other than packaged fish, shall be fitted with a spray washer and, where practical, a scraper.
9 Wire mesh utensils shall not be used in processing except for handling shellfish and crustaceans in the shell.
10 Enamelled utensils shall not be used in processing.
11 Freezing facilities must be capable of
(a) contact freezing a 25 mm thick block of unpackaged fillets to -18°C in 2 hours or less, or
(b) air blast freezing fish, at a rate that prevents deterioration of the fish, until the thickest section of the fish is a temperature of -18°C.
12 Repealed. [B.C. Reg. 207/2011, App. 2, s. 7 (c).]
Part V — Mollusc Shucking and Packing Establishments
1 (1) Rooms in which shucked molluscs are further processed shall be separated from the shucking room.
(2) Delivery windows shall be installed in the wall between the shucking room and the shucked mollusc processing area, which shall be provided with a shelf of smooth metal or concrete, tile or other approved material, drainage toward the shucking room, and through which all shucked stock shall be passed to the processing area.
2 (1) The tops of the shucking benches or tables and the walls immediately adjacent thereto, to a height of 2 feet above the benches or tables, shall be of smooth concrete, noncorrodible metal or such other material as the minister may approve, free from cracks or crevices, and so constructed that drainage is complete and rapid.
(2) Shucking blocks shall be constructed of material approved by the minister.
3 Lockers, or a separate room, shall be provided and maintained in a sanitary condition for storing employee's outer garments.
4 All shucking pails, opening knives, slicers, blowers, skimmers, tanks, tubs, trays, measures, colanders, paddles or other equipment or utensils used in processing of molluscs shall be of noncorrodible material, other than wood, and shall have smooth surfaces free from cracks and crevices.
5 Adequate facilities for refrigeration, capable of cooling shucked molluscs to an internal temperature of 7°C or less, within 2 hours after packing, shall be provided.
6 If shucked molluscs are to be frozen, freezing facilities shall be capable of freezing packaged molluscs at an ambient air temperature of -26°C or less, with packages frozen solid within 12 hours after the start of freezing.
Operating Requirements for Establishments
[am. B.C. Regs. 489/78; 207/2011, App. 2, s. 8.]
Part I — General
1 No person who
(a) is known to be suffering from any communicable disease,
(b) is a known "carrier" of any disease, or
(c) has an infected wound or open lesion on any part of his body
shall be employed in any working area of an establishment.
2 Every person engaged in handling or processing fish shall wash his hands thoroughly with warm water and liquid or powdered soap immediately after each absence from duty.
3 Employees who, with their bare hands, handle fish shall not wear fingernail polish.
4 All waterproof garments shall be properly cleaned after each work shift.
5 No person shall smoke or spit in a working area.
6 Toilet facilities shall be maintained in a manner satisfactory to the minister and a supply of toilet tissue shall be available in each toilet room.
7 Sewage, including liquid waste from fish processing operations, shall be disposed of in such a manner that the waste is inaccessible to flies and the water supply for the establishment will not become contaminated.
8 Offal and other refuse shall be removed from the processing area at least once daily and be handled in a manner satisfactory to the minister.
9 Offal bins or receptacles shall be used only for offal.
10 Dogs, cats and other animals shall not be allowed in an establishment.
11 (1) A rodent and insect control program satisfactory to the minister shall be maintained in every establishment and, where pesticides are used, the application thereof shall be made under the supervision of a responsible operator using proper equipment in a manner that prevents contamination of fish.
(2) Pesticides referred to in subsection (1) shall be of a kind approved by the minister.
12 Unnecessary material or equipment shall not be stored in a working area.
13 The area and beach surrounding and under the control of an establishment shall be kept clean.
14 Brushes, brooms, hoses and other equipment and material necessary for proper cleaning shall be available at all times in an establishment.
Part II — Canneries
1 A record of the sterilization treatment used for each batch of fish shall be kept on file at the cannery for a period of not less than 12 months.
2 Water used for cooling canned fish shall be chlorinated to give a chlorine residual of at least 2 parts per million, except where canned fish is cooled in a retort using a water supply approved by the minister.
3 Fish shall be washed prior to canning.
4 Only clean ice made of water from a source approved by the minister may be used in a cannery.
5 Vats in which shellfish or crustaceans are boiled shall be drained and cleaned at intervals of 2 hours or at such shorter intervals as may be deemed necessary by an inspector.
6 Shellfish and crustaceans shall be removed from the cooking vats immediately after they have been cooked.
7 When a batch of crab or shrimp has been cooked, it shall be cooled immediately in clean, cold water and, if further processing does not commence within one hour, it shall be
(a) rapidly chilled and stored at a temperature of 3.3°C or lower and processed within 18 hours, or
(b) frozen immediately and held at a temperature of -26°C or lower until it is processed further.
8 Protective hand coverings worn by employees in any processing area shall be disinfected immediately after each break during the work shift.
9 (1) Employees engaged in fish processing operations shall wear coveralls, smocks or coats and headgear of a type approved by the minister.
(2) Protective outer garments worn by employees in fish processing operations shall be clean.
10 (1) Utensils that come in contact with fish before it is canned shall be cleaned and disinfected at least once during and at the end of each work shift by a method approved by the minister.
(2) At the end of each working day, the utensils referred to in subsection (1) shall be air dried and stored in a sanitary manner.
11 Equipment, including conveyer belts and tables, that come in contact with fish before it is canned shall be cleaned and disinfected at the end of each work shift by a method approved by the minister.
12 Floors in wet working areas shall be kept clean and shall be thoroughly washed and disinfected daily.
13 Canneries and all equipment and utensils used in the operations of a cannery shall be kept in good repair and in a clean and sanitary condition.
14 Cannery retorts shall be operated only under the continuous supervision of a person holding a valid Retort Operator's Certificate of Competence to assure that retort operations are carried out in accordance with the most recent edition of the National Canners Association Bulletin No. 261. Such certification shall be granted to a person who has successfully completed a recognized course given by an accredited institution or to a person who has demonstrated competence to the satisfaction of the minister.
Part III — Salted Fish Establishments
1 Employees engaged in fish processing operations shall wear clean outer garments and headgear of a type approved by the minister.
2 Workers in wet working areas shall wear waterproof aprons, coats or pants.
3 Floors in all working areas shall be kept clean at all times.
4 Adequate covered storage space for packaging material for dried, salted fish shall be provided.
5 Salt used for curing fish shall be stored in a location approved by an inspector.
6 Processed fish shall be stored in a location approved by an inspector.
7 Salted fish establishments and all equipment and utensils used in the operations of such establishments shall be kept in good repair and in a clean and sanitary condition.
Part IV — Fresh or Frozen Fish or Semipreserves Processing Establishments
1 (1) Round or dressed fish shall be adequately washed prior to further processing.
(2) When crab meat has been shucked, it shall be washed in cold running water before it is processed further.
2 Only clean ice made of water from a source approved by the minister may be used in a fresh fish, frozen fish or semipreserves establishment.
3 Vats in which shellfish or crustaceans are boiled shall be drained and cleaned at intervals of 2 hours or at such shorter intervals as may be deemed necessary by an inspector.
4 Shellfish and crustaceans shall be removed from the cooking vats immediately after they have been cooked.
5 When a batch of crab or shrimp has been cooked, it shall be cooled immediately in clean, cold water and, if further processing does not commence within one hour, it shall be
(a) rapidly chilled and stored at a temperature of 3.3°C or lower and processed within 18 hours, or
(b) frozen immediately and held at a temperature of -26°C or lower until it is processed further.
6 Protective hand coverings worn by employees in the filleting and packaging areas shall be disinfected at each break during the work shift.
7 (1) Employees engaged in fish processing operations, except filleters, skinners, scalers, handlers of round and dressed fish and workers in frozen storage rooms, shall wear clean coveralls, smocks or coats and headgear of a type approved by the minister.
(2) Filleters, skinners, scalers and handlers of round and dressed fish shall wear clean outer garments and headgear of a type approved by the minister.
(3) Workers in frozen storage rooms shall wear clean outer garments.
8 Floors in wet working areas shall be kept clean and shall be thoroughly washed and disinfected daily.
9 (1) Utensils that come in contact with fish that is being processed, other than packaged fish, shall be cleaned and disinfected at least once during and at the end of each work shift by a method approved by the minister.
(2) At the end of each working day, the utensils referred to in subsection (1) shall be air dried and stored in a sanitary manner.
10 Equipment, including conveyer belts and tables, that come in contact with fish that is being processed, other than packaged fish, shall be cleaned and disinfected at the end of each work shift by a method approved by the minister.
11 Fresh fish, frozen fish and semipreserves establishments and all equipment and utensils used in the operations of such establishments shall be kept in good repair and in a clean and sanitary condition.
12 Where fresh herring is for human consumption, its processing, except icing or chilling, must commence within 24 hours of delivery at the processing establishment and must not be discontinued until the herring is preserved to a degree that assures maximum quality of the product.
[en. B.C. Reg. 489/78.]
Part V — Mollusc Shucking and Packing Establishments
1 Employees engaged in mollusc processing operations shall wear outer garments and headgear of a type approved by the minister.
2 All shell stock, prior to processing, shall be alive and clean.
3 Shell stock in dry storage shall at all times be adequately protected from contamination.
4 Floating and wet storage shall not be used unless written approval is obtained each year from the minister.
5 Molluscs shall be shucked in such a manner that they are not subject to contamination.
6 Shells from which meats have been extracted shall be removed promptly from the shucking room.
7 (1) All shucked stock shall be thoroughly washed with cold water for a period not exceeding 3 minutes.
(2) The practice of plumping is not permitted.
8 An accurate daily record pertaining to every lot of processed molluscs shall be kept on file at the processing establishment to indicate
(a) the date, quantity and species of molluscs delivered to the establishment,
(b) the day and the area from which the molluscs were harvested,
(c) the date of processing and packaging, either coded or uncoded, and
(d) the date on which the lot is sold and the name of the dealer to whom it is sold.
Requirements for Boats Used for Fishing or Transporting Fish for Processing
1 Boats shall have facilities for protecting fish from the sun and weather and from bilge and other contamination.
2 Fish holds, pen boards and shelf boards shall be smooth and nonporous, constructed to facilitate proper cleaning, maintained in a condition satisfactory to the minister and, if wood, coated with a material approved by the minister.
3 Where fish is stored against bulkheads separating fish holds from the engine room or other quarters, such bulkheads shall be watertight and well insulated.
4 Fish pens shall be shelved where necessary to prevent crushing of fish.
5 Gutted fish shall be washed to remove excess blood, slime and viscera prior to stowing.
6 While fish is on a boat used for fishing or for transporting fresh fish, the quality of the fish shall be preserved by the use of finely divided ice or by such other methods as the minister may approve.
7 Decks, holds, pen boards and shelf boards shall be thoroughly cleaned as soon as the fish has been discharged, and shall be disinfected when necessary.
Requirements for Establishments Storing Frozen Fish
[am. B.C. Reg. 207/2011, App. 2, s. 9.]
1 Rooms in which frozen fish is stored shall be maintained at a temperature of -26°C or colder.
2 (1) Each storage room shall be equipped with an accurate thermometer or other temperature measuring device that is located in such a place that it indicates the average air temperature of the room.
(2) Temperatures in a storage room shall be read, recorded and dated at least once each day, and a record of the temperatures shall be maintained for a period of not less than 12 months.
3 Frozen fish shall be protected to minimize rises in the temperature of the fish when it is outside a refrigerated area.
4 (1) No odoriferous substance shall be stored with fish in holding or storage rooms.
(2) No unnecessary material or equipment shall be stored in cold storage rooms.
Requirements for Fish Buying Stations
[en. B.C. Reg. 167/89, s. 6; am. B.C. Reg. 207/2011, App. 2, s. 10.]
Part I
A The General Operational Requirements for All Fish Buying Stations Are as Follows:
1 A person who
(a) is known to be suffering from any communicable disease,
(b) is a known "carrier" of any disease, or
(c) has an infected wound or open lesion on any part of his body
shall not be employed in any working area of an establishment.
2 Any person engaged in handling fish shall wash his hands thoroughly with water and liquid or powdered soap immediately after each absence from duty.
3 All waterproof garments shall be properly cleaned after each work shift.
4 No person shall smoke or spit in a working area.
5 Dogs, cats and other animals shall not be allowed in an establishment.
6 Unnecessary material or equipment shall not be stored in a working area.
7 Brushes, brooms, hoses and other equipment and material necessary for proper cleaning shall be available at all times in an establishment.
8 Only clean ice made of water from a source approved by the minister may be used in an establishment.
9 (1) Utensils that come in contact with fish before it is processed shall be cleaned and disinfected at least once during and at the end of each work shift by a method approved by the minister.
(2) At the end of each working day, the utensils referred to in subsection (1) shall be air dried and stored in a sanitary manner.
10 All equipment and utensils used in the operations of an establishment shall be kept in good repair and in a clean and sanitary condition.
11 Grading and sorting of fish shall be carried out under a covered area sufficient to protect the product from contamination.
Part II
B The Requirements for Permanent Buildings or Structures Used in the Procedure of Buying, Collecting or Receiving Fish Are as Follows:
1 The surface of floors in working areas where fish is received or held shall be sloped for drainage purposes and constructed of concrete or such other material as the minister approves.
2 (1) Floors in wet working areas shall be kept clean and shall be thoroughly washed and disinfected daily.
(2) Floors in dry working areas shall be properly constructed of such material as the minister approves.
3 Drains shall be an adequate size, suitable type and, where connected directly to a sewer, equipped with traps.
4 Inside surfaces of walls in working areas where fish is received or held shall be constructed of smooth, waterproof, washable, light coloured material that is acceptable to the minister and that can be thoroughly washed.
5 (1) Rooms where fish is held shall have ceilings that are free from cracks, crevices and open joints and that are constructed of smooth, washable, light coloured material acceptable to the minister.
(2) Notwithstanding subsection (1), areas where fish is received may have open joists or rafters, provided they are of a smooth lumber well painted with a light coloured paint, or of smooth metal or other material which permits ease in cleaning.
6 Natural or mechanical ventilation shall be provided in working rooms.
7 Toilet facilities in number and of a type approved by the minister shall be provided.
8 Rooms in which toilet facilities are located shall have doors of a type approved by the minister.
9 Toilet facilities shall be maintained in a manner satisfactory to the minister and a supply of toilet tissue shall be available in each toilet room.
10 Hand washing facilities, with a satisfactory supply of hot and cold water, liquid soap and single-service towels, shall be provided for employees in a location approved by the minister.
11 (1) An adequate supply of safe, sanitary water having a most probable number of coliform bacteria of 2 or less per 100 millilitres, or water from a source approved by the minister, shall be provided.
(2) Notwithstanding subsection (1), an establishment may use water other than water referred to in subsection (1) for fire protection, boilers or auxiliary services if there is no connection between the systems providing water to the establishment.
12 Facilities shall be available, at a convenient location, where protective hand coverings can be disinfected.
13 Protective hand coverings worn by employees in the packaging areas shall be disinfected at each break during the work shift.
14 Employees engaged in handling fish shall wear clean coveralls, smocks or coats, and headgear of a type approved by the minister.
15 Hot water shall be provided and maintained at a minimum temperature of 43° C in sufficient quantity for the operations of the establishment.
16 Surfaces on which fish is handled shall be made of noncorrodible material, other than wood, and all joints on such surfaces shall be smooth and watertight.
17 The frames and legs of equipment on which fish is handled shall be constructed of metal or other material approved by the minister.
18 Tables shall be so constructed that they and the areas beneath can be cleaned readily.
19 Containers, trays, tanks, vats and other utensils used in handling fish shall be of noncorrodible material, other than wood, and shall have smooth surfaces free from cracks and crevices.
20 Boxes, bins and other containers used in fish buying stations for holding fish shall provide drainage and, if made of wood, shall be constructed of smooth lumber or waterproof plywood coated with a material approved by the minister.
21 Wood shall not be used for the construction of any part of a conveyer that comes into contact with fish.
22 The area and beach surrounding and under the control of an establishment shall be kept clean.
23 (1) A rodent and insect control program satisfactory to the minister shall be maintained in every establishment, and where pesticides are used the application of them shall be made under the supervision of a responsible operator using proper equipment in a manner that prevents contamination of fish.
(2) Pesticides referred to in subsection (1) shall be of a kind approved by the minister.
24 A minimum illumination intensity of 215 lm/m2 shall be provided on all working surfaces.
Part III
C The Requirements for Vessels Used in the Procedure of Buying, Collecting, Assembling and Transporting of Fish Are as Follows:
1 Vessels shall have facilities for protecting fish at all times from sun and weather and from bilge water and other contamination.
2 In the fish holds all metal surfaces liable to corrosion and all wooden surfaces shall be treated with a suitable paint or preservative when necessary, and in any event at least once a year.
3 Pen boards and shelf boards shall be smooth, nonporous and constructed to facilitate proper cleaning and, if wood, shall be coated with a material approved by the minister and be maintained in a satisfactory condition.
4 Where fish is stored against bulkheads separating fish holds from the engine room or other quarters, those bulkheads shall be watertight and well insulated.
5 Fish pens shall be shelved where necessary to prevent crushing of fish and shellfish.
6 Gutted fish shall be washed to remove excess blood, slime and viscera prior to stowing.
7 During the time that fish is on a vessel used for transporting fresh fish, finely divided ice shall be used to preserve the quality of the fish or such other methods shall be used for this purpose as the minister approves.
8 Decks, holds, pen boards and shelf boards shall be thoroughly cleaned as soon as the fish has been discharged, and shall be disinfected when necessary.
Part IV
D The Requirements for Vehicles Used in the Procedure of Buying, Collecting, Assembling and Transporting of Fish Are as Follows:
1 All vehicle bodies, containers and boxes used to hold or transport fish shall be constructed in such manner as to protect the fish contained in them from sun, weather, dust and other contamination.
2 Surfaces of transport vehicles or containers which contact fish shall be of smooth, nonporous, material approved by the minister and constructed to facilitate proper cleaning.
3 (1) When transported in open vehicles or trailers, all containers and boxes holding fish must be equipped with clean, properly constructed, rigid covers.
(2) Tarpaulins should be used to cover a load of containers while it is being transported to its destination.
4 Vehicle bodies and containers must be adequately shelved and penned where necessary to prevent the crushing of fish during transport.
5 (1) Vehicles used to transport fresh fish or semipreserves must be equipped in a manner that ensures the fish or semipreserves are adequately iced or chilled.
(2) Vehicles used to transport frozen fish must be equipped in a manner that
(a) minimizes any increase in the temperature of the fish, and
(b) ensures that the temperature of the fish does not exceed -18°C at any time.
6 Only cleaned and disinfected conveyances, including vehicle bodies and containers, shall be used to transport fish.
7 Vehicle bodies and containers must be so constructed and loaded as to prevent any of the load from escaping or leaking onto the roadway.
Requirements for Retail Fish Outlets
[en. B.C. Reg. 558/82.]
1 Newly arrived boxes of fresh fish and fish fillets shall be placed under refrigeration without undue delay and, where necessary, should be repacked with clean ice.
2 All fresh and cooked fish products shall be kept under refrigeration at all times and shall not be frozen.
3 No person shall sell, offer for sale or have in his possession for sale frozen fish or frozen fish products that have been thawed and refrozen.
3.1 No person shall sell, offer for sale or have in his possession for sale previously frozen packaged fish or fish products unless the package is clearly marked with the words "previously frozen" in letters no less than 3.2 mm in height.
3.2 No person shall sell, offer for sale or have in his possession for sale previously frozen fish or fish products in a bulk non-packaged display unless the display of the fish or fish products is clearly identified with a sign stating "previously frozen" in letters not less than 6.4 mm in height.
4 Fish shall not be stacked above the load line in self service cabinets.
5 Unfrozen smoked fish and salted fish products which are not hard dried shall be kept under refrigeration, but shall not be held in direct contact with ice.
6 Marinated fish products, and all other prepared fish products that have not been frozen or heat sterilized, shall be kept under refrigeration.
7 All fish and fish products in frozen storage shall be protected from oxidation and dehydration.
8 Only clean, new and nontoxic packaging material shall be used for wrapping fish.
9 Cutting, filleting and skinning boards shall be made of planed lumber or other material that is smooth and without cracks, and shall be constructed in a manner approved by the minister.
10 Containers for the disposal of waste shall be provided and shall be watertight, have well fitted covers, and be constructed of metal or other material approved by the minister.
11 Premises where fish is offered for sale shall be maintained at all times in a clean and sanitary condition.
12 (1) When a vehicle is used for the purpose of retailing fish and fish products it shall comply where applicable with the requirements of Schedule F.
(2) Driving and serving areas in such a vehicle must be separated to provide individual compartments.
(3) Vehicle bodies and containers must be so constructed and loaded as to prevent any of the load escaping or leaking onto the roadway.
(4) All vehicle bodies shall be insulated and constructed in such a manner as to protect the fish and fish products contained therein from sun, weather, dust and other contamination.
(5) The surface of floors in the serving area shall be constructed of concrete or such other material as the minister may approve.
(6) Inside surfaces of walls and ceilings in the serving area shall be constructed of properly sealed, smooth, waterproof, light coloured material that is acceptable to the minister and that can be thoroughly washed.
(7) Tables and equipment shall be so constructed and installed that they and the areas beneath can be readily cleaned.
[Provisions of the Fish Inspection Act, R.S.B.C. 1996, c. 148, relevant to the enactment of this regulation: section 10]
Section 2 definitions of "cultured marine finfish" and "fisher" were added by BC Reg 207/2011, effective January 1, 2012.
Section 12 BEFORE amended by BC Reg 207/2011, effective January 1, 2012.
Sale of non-processed fish
12 (1) No person shall sell or attempt to sell any fish other than bivalve molluscs unless the fish was, before the sale or attempted sale, processed, graded, handled or held in an establishment identified in a licence valid at the time of processing, grading, handling or holding.
(1.1) No person shall sell or attempt to sell any harvested bivalve molluscs unless the molluscs were, before the sale or attempted sale, processed in an establishment that at the time of processing held a valid certificate of registration issued for that purpose by the Department of Fisheries and Oceans (Canada).
(1.2) Subsection (1.1) does not apply to a sale or attempted sale of bivalve molluscs
(a) to a duly licensed fish buyer, or
(b) to an establishment described in subsection (1.1).
(2) Notwithstanding the provisions of subsection (1), a fisherman who, on his fishing vessel, dresses, ices or freezes his own catch, except bivalve shellfish, is exempt from the requirements of subsection (1).
[am. B.C. Regs. 166/86, s. 1; 167/89, ss. 1, 2.]
Section 21 (3) BEFORE amended by BC Reg 207/2011, effective January 1, 2012.
(3) Frozen fish, while under the control of a carrier, shall be kept refrigerated in such a manner that, when it is delivered to its destination, the temperature of such fish shall not have increased more than 10° F from its temperature at the time it was loaded. In no case shall the temperature of the fish exceed 0° F at its destination.
Section 21 (4) and (5) were added by BC Reg 207/2011, effective January 1, 2012.
Section 23 BEFORE amended by BC Reg 207/2011, effective January 1, 2012.
Fish buyer's licence
23 (1) A fish buyer's licence may be issued by the minister only when the establishment meets the requirements of Schedule E.
(2) Repealed. [B.C. Reg. 167/89, s. 5.]
(3) A fish buyer's licence is not assignable or transferable.
(4) The minister may cancel a fish buyer's licence for conviction under these regulations.
[am. B.C. Reg. 167/89, s. 5.]
Section 24 (2) BEFORE amended by BC Reg 207/2011, effective January 1, 2012.
(2) Fish caught by a fisherman and offered for sale as dressed, iced, fresh or frozen fish may be exempted by order of the minister from the requirements of subsection (1).
Schedule A, Part II (3) BEFORE amended by BC Reg 207/2011, effective January 1, 2012.
3 Hot water shall be provided and maintained at a minimum temperature of 110° F in sufficient quantity for the operations of the cannery.
Schedule A, Part IV (2) BEFORE amended by BC Reg 207/2011, effective January 1, 2012.
2 Hot water shall be provided and maintained at a minimum temperature of 110° F in sufficient quantity for the operations of the fresh or frozen fish establishment.
Schedule A, Part IV (11) and (12) BEFORE amended by BC Reg 207/2011, effective January 1, 2012.
11 Freezing facilities for processed fish shall be capable of reducing the temperature at the centre of a 1 inch thick block of unpackaged fillets to -5° F in 2 hours or less.
12 Where round or dressed fish is not contact frozen, freezing facilities shall be available to freeze fish by means of air at a temperature of -20° F or colder moving at a velocity of not less than 400 feet per minute until the temperature at the centre of the thickest section of the fish is -5° F.
Schedule A, Part V (5) and (6) BEFORE amended by BC Reg 207/2011, effective January 1, 2012.
5 Adequate facilities for refrigeration, capable of cooling shucked molluscs to an internal temperature of 45° F or less, within 2 hours after packing, shall be provided.
6 If shucked molluscs are to be frozen, freezing facilities shall be capable of freezing packaged molluscs at an ambient air temperature of -15° F or less, with packages frozen solid within 12 hours after the start of freezing.
Schedule B, Part II (7) (a) and (b) BEFORE amended by BC Reg 207/2011, effective January 1, 2012.
(a) rapidly chilled and stored at a temperature between 32 ° F and 35° F and processed within 18 hours, or
(b) frozen immediately and held at a temperature of -15° F or lower until it is processed further.
Schedule B, Part IV (5) (a) and (b) BEFORE amended by BC Reg 207/2011, effective January 1, 2012.
(a) rapidly chilled and stored at a temperature between 32° F and 35° F and processed within 18 hours, or
(b) frozen immediately and held at a temperature of -15° F or lower until it is processed further.
Schedule D (1) BEFORE amended by BC Reg 207/2011, effective January 1, 2012.
1 Rooms in which frozen fish is stored shall be maintained at a temperature of -15° F or colder.
Schedule E, Part IV, Section 5 (1) and (2) BEFORE amended by BC Reg 207/2011, effective January 1, 2012.
5 (1) Fresh fish and semipreserves, while being held or transported, shall be adequately iced or chilled.
(2) Frozen fish, while being held or transported, shall be kept refrigerated in such a manner that, will minimize the temperature rise, and in no case shall the temperature of such fish exceed -17° C at its destination.