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Appendix D Excerpts From the Regulations Pursuant to the Food and Drugs Act, a Statute of the Government of Canada Regulation Number Food Regulation and Sampling Plan 1. B.04.010 Cocoa (item f) 2. B.04.011 Chocolate 3. B.08.014A Skim milk powder 4. B.08.016 Flavoured milk (item e) n = number of sample units per lot c = number of positive samples or marginal samples permitted m - population level determining marginal acceptance M-population level above which sample is unsatisfactory 377 Cocoa or powdered cocoa shall be free from bacteria of the genus Salmonella, as determined by the official method. n = lO, c = 0, m = 0 No person shall sell chocolate, plain choc- olate, bitter chocolate, chocolate liquor, sweet chocolate, sweet chocolate coating, milk chocolate, sweet milk chocolate, milk chocolate coating or sweet milk chocolate coating unless it is free from bacteria of the genus Salmonella, as determined by the official method. n= lO, c=O, m=0 No person shall sell milk powder, whole milk powder, dry whole milk, powdered whole milk, skim milk powder or dry skim milk unless it is free from bacteria of the genus Salmonella, as determined by the of- ficial method. n=20, c=O, m=0 (Naming the flavour) milk may contain not more than 50,000 bacteria per cubic centi- metre as determined by the official method. n=5, c=2, m=Sx 104, M=106

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378 APPENDIX D Regulation Number Food Regulation and Sampling Plan 5. B.08.018 Partly skimmed milk (item f) 6. B.08.024 Milk for manufacture 7. B.08.026 Skimmed milk with (item g) added milk solids 8. B.08.048 Cheese from (item la) pasteurized milk 9. B.08.048 Cheese from (item lb) pasteurized milk lO. B.08.048 Cheese from (item 2a) unpasteurized milk (Naming the flavour) partly skimmed milk may contain not more than 50,000 bacteria per cubic centimetre as determined by the official method. n=5, c=2, m=Sx 104, M= 106 No person shall sell milk for manufacture into dairy products if it contains more than a) 2,000,000 bacteria per millilitre, or b) 2 milligrams of sediment per 16 fluid ounces, as determined by the official method. n=5, c=O, m=2x 106 (Naming the flavour) partly skimmed milk with added milk solids may contain not more than 50,000 bacteria per cubic centi- metre as determined by the official method. n=5, c=2, m=Sx 104, M= 106 No person shall sell cheese, including cheese curd, made from a pasteurized source if the cheese contains more than lOO Escherichia cold per gram as deter- mined by the official method. n=5, c=2, m= 100, M=2,000 No person shall sell cheese, including cheese curd, made from a pasteurized source if the cheese contains more than 100 Staphylococcus aureus per gram as de- termined by the official method. n=5, c= 2, m= 100, M= 10,000 No person shall sell cheese, including cheese curd, made from an unpasteurized source if the cheese contains more than 500 Escherichia cold per gram as deter- mined by the official method. n=5, c=2, m=500, M=2,000

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APPENDIX D 379 Regulation Number Food 11. B.08.048 Cheese from (item 2b) unpasteurized milk 12. B.08.054 Cottage cheese 13. B .08.062 Ice cream [item d(i)] 14. B.08.062 Ice cream [item d(ii)] 15. B.08.072 Ice milk [item d(i)] 16. B.08.072 Ice milk [item d(ii)] 17. B .12.001 Mineral or spring (item b) water Regulation and Sampling Plan No person shall sell cheese, including cheese curd, made from an unpasteurized source if the cheese contains more than 1,000 Staphylococcus aureus per gram as determined by the official method. n=5, c=2, m= 1,000, M= 10,000 No person shall sell cottage cheese or creamed cottage cheese that contains more than 10 coliform bacteria per gram as de- termined by the official method. n=5, c=1, m=10, M=1,000 Ice cream shall contain not more than 100,000 bacteria per gram as determined by the official method. n=5, c=2, m=105, M=106 Ice cream shall contain not more than 10 coliform organisms per gram as determined by the official method. n=5, c=1, m=10, M=1,000 Ice milk shall contain not more than 100,000 bacteria per gram as determined by the official method. n = 5, c = 2, m= 100,000, M = 106 Ice milk shall contain not more than 10 coliform organisms per gram as determined by the official method. n=5, c=1, m=10, M=1,000 Water represented as mineral water or spring water shall not contain any coliform bacteria as determined by the official method, subject to the tolerances permitted therein. n=10, c=1, m=O, M=10/100 ml

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380 APPENDIX D Regulation Number Food Regulation and Sampling Plan 18. B.12.004 Water in sealed (item a) containers 19. B.12.004 Water in sealed (item b) containers 20. B.12.005 Prepackaged ice [item l(a)] 21. B.12.005 Prepackaged ice [item 2(a)] 22. B.21.027 Fish protein [item c(ii)] 23. B.21.027 Fish protein [item c(iii)] 24. B.14.061 Edible bone meal (item b) or flour No person shall sell water in sealed con- tainers, other than water represented as mineral water or spring water if it contains any coliform bacteria as determined by the official method, subject to the tolerances permitted therein. n=10, c=1, m=O, M=10/100 ml No person shall sell water in sealed con- tainers, other than water represented as mineral water or spring water if it contains more than 100 aerobic bacteria per milli- litre as determined by the official method, subject to the tolerances permitted therein. n=5, c=2, m=100, M=104 No person shall sell prepackaged ice if it contains any coliform bacteria as deter- mined by the official method, subject to the tolerances permitted therein. n=10, c=1, m=O, M=10/lOOml No person shall manufacture prepackaged ice for sale if the water from which it is made contains any coliform bacteria as de- termined by the official method, subject to the tolerances permitted therein. n=10, c=1, m=O, M=10/100 ml Fish protein shall not contain more than 10,000 bacteria per gram as determined by the official method. n=5, c=1, m=104, M=SxlO' Fish protein shall not contain Escherichia cold as determined by the official method. n=5, c=1, m=O, M=10 Edible bone meal or edible bone flour shall contain not more than 1,000 bacteria per gram as determined by the official method. n=5, c=1, m=1,000, M=lOs

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APPENDIX D 381 Regulation Number Food Regulation and Sampling Plan 25. B.14.061 Edible bone meal (item c) or flour 26. B.14.062 Gelatin or [item d(i)] edible gelatin 27. B.14.062 Gelatin or [item d(ii)] edible gelatin 28. B.14.062 Gelatin or [item d(iii)] edible gelatin 29. B.21.031 Froglegs 30. B.22.033 Egg product 31. B.11.016 Tomatoes, tomato juice and vegetable . . Julce 32. B.11.017 Tomato puree, paste, pulp or catsup Edible bone meal or edible bone flour shall contain no Escherichia cold as determined by the official method. n=5, c=1, m=O, M=10 Gelatin or edible gelatin shall not contain more than 5,000 bacteria per gram as de- termined by the official method. n=5, c=3, m=5,000, M=lOs Gelatin or edible gelatin shall not contain more than 10 coliform bacteria per gram as determined by the official method. n=5, c=1, m=10, M=1,000 Gelatin or edible gelatin shall not contain bacteria of the genus Salmonella as deter- mined by the official method. n = 10, c = 0, m = 0 No person shall sell fresh or frozen frog- legs unless they are free of the genus Sal- monella as determined by the official method. n=5, c=O, m=0 No person shall sell any egg product for use as a food unless it is free from bacteria of the genus Salmonella as determined by the official method. n = 10, c = 0, m = 0 No person shall sell canned tomatoes, to- mato juice or a vegetable juice that con- tains mould filaments in more than 25 percent of the microscopic fields when ex- amined by the official method. No person shall sell tomato puree, tomato paste, tomato pulp or tomato catsup that contains mould filaments in more than 50 percent of the microscopic fields when ex- amined by the official method.

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382 APPENDIX D Regulation Number Food Regulation and Sampling Plan 33. B.08.007 Sterilized milk (item a) 34. B.08.043 Cheese 35. B.08.044 Cheese (item 1) 36. B.08.044 Cheese (item 2) Sterilized milk shall be milk that has been heated without concentration or appreciable loss of volume to a temperature of at least 100C for a length of time sufficient to kill all the organisms present. No manufacturer shall sell any cheese that is not made from a pasteurized source if it has been cut into smaller portions, unless a) it has been duly stored, or b) each por- tion of cut cheese is marked, branded or labelled with the date of the beginning of the manufacturing process. ["Stored" ac- cording to B.08.030 means to have been kept or held at a temperature of 2C or more for a period of 60 days or more from the date of the beginning of the manufac- turing process. The purpose is to allow for the die-off of pathogens if present.] Subject to B.08.044 item (2), no person shall sell cheese, including cheese curd, that is not made from a pasteurized source unless it has been stored (see definition of "stored" immediately above). Cheese, including cheese curd, that is not made from a pasteurized source may be used as an ingredient in any food providing such food is manufactured or processed so as to pasteurize the cheese in the manner described in the definition "pasteurized source." ["Pasteurized source" according to B.08.030 means milk, skim milk, cream, reconstituted milk powder, reconsti- tuted skim milk powder or any combina- tion thereof that has been pasteurized by being held at a temperature of not less than 61.6C for a period of not less than 30 minutes, or for a time and temperature that is equivalent thereto in phosphatase de- struction as determined by the official method. ]

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APPENDIX D 383 Regulation Number Food Regulation and Sampling Plan 37. B.08.046 Cheese 38. B.08.047 Cheese 39. B. 14.013 Meat 40. B. 14.014 Meat No person shall sell any whole cheese that has not been made from a pasteurized source unless there is stamped thereon the date of the beginning of the manufacturing process. Every manufacturer, wholesaler, or jobber who sells cheese not made from a pasteur ized source and which has not been stored shall keep a record of a) the registered number of the cheese factory; b) the date of manufacture of the cheese; c) the vat number or vat numbers; d) the name and address of the person to whom the cheese is sold; and e) the weight sold from each vat for each lot of cheese sold. No person shall sell a meat, meat by-prod- uct or preparation thereof, packed in a her- metically sealed container unless it has been heat processed after or at the time of sealing at a temperature and for a time suf- ficient to prevent the survival of any mi- croorganisms capable of producing toxins. Notwithstanding Section B. 14.013 a meat, meat by-product or preparation thereof, packed in a hermetically sealed container that has not been processed as required by Section B.14.013 may be sold if a) it has been stored continuously under refrigeration, and the label carries a statement on the main panel to the effect that the product is perishable and must be kept refrigerated; b) it has been maintained continuously in the frozen state and the label carries a statement on the main panel to the effect that the product is perishable and must be kept frozen; c) it contains a Class I preservative or appropriate mixtures thereof in accor- dance with good manufacturing practice and has been heat processed after or at

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384 APPENDIX D Regulation Number Food Regulation and Sampling Plan 41. B. 14.072 Meat 42. B.22.026 Poultry 43. B.21.025 Fish the time of sealing at a temperature and for a time sufficient to prevent the for- mation of any bacterial toxins; d) it has been subjected to a dehydration procedure in accordance with good man- ufacturing practice; or e) it has a pH of 4.6 or less. No person shall sell meat or a meat by- product that has been barbecued, roasted or broiled and is ready for consumption unless the cooked meat or meat by-product a) at all times (i) has a temperature of 40F (4.4C) or lower, or 140F (60C) or higher, or (ii) has been stored at an ambient temperature of 40F (4.4C) or lower, or 140F (60C) or higher; and b) carries on the main panel of the label a statement to the effect that the food must be stored at a temperature of 40F (4.4C) or lower, or 140F (60C) or higher. No person shall sell poultry, poultry meat or poultry meat by-product that has been barbecued, roasted or broiled and is ready for consumption unless the cooked poultry, poultry meat or poultry meat by-product a) at all times (i) has a temperature of 40F (4.4C) or lower, or 140F (60C) or higher, or (ii) has been stored at an ambient temperature of 40F (4.4C) or lower, or 140F (60C) or higher; and b) carries on the main panel of the label a statement to the effect that the food must be stored at a temperature of 40F (4.4C) or lower, or 140F (60C) or higher. No person shall sell smoked marine and fresh water animals and their products or marine and fresh water animals and their products to which liquid smoke flavour has been added that is packed in a container sealed to exclude air unless it

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APPENDIX D 385 Regulation Number Food Regulation and Sampling Plan 44. Table XI Part I, items P. 1 and S.4 combined a) has been heat processed after sealing at a temperature and for a time sufficient to destroy all spores of the species Clos- tridium botulinum: or b) contains not less than 9 percent salt, as determined by the official method; or c) is customarily cooked before eating; or d) is frozen and the label carries the fol- lowing statement on the principal display panel in the same size type as used for the common name "Keep Frozen Prior to Use." (1) Potassium and/ or sodium nitrate in meat binder for dry sausage, preserved meat and preserved meat by-products prepared by slow cure processes (2) Potassium and/ or sodium nitrate in cover pickle and dry cure employed in the curing of preserved meat and preserved meat by-products prepared by slow cure processes (3) Potassium and/ or sodium nitrate in dry sausage, semi-dry sausage, preserved meat and preserved meat by-products prepared by slow cure processes (1) When the meat binder is used in ac- cordance with label instructions, whether potassium nitrate or sodium nitrate are used separately or in combination, the total amount of such nitrates thereby added to each batch of dry sausage, semi-dry sau- sage, preserved meat or preserved meat by- products shall not exceed 0.32 ounce per 100 pounds or 200 ppm calculated prior to any smoking, cooking or fermentation. (2) When the cover pickle or dry cure is used in accordance with label instructions, whether potassium nitrate or sodium nitrate are used separately or in combination, the total amount of such nitrates thereby added to each batch of preserved meat or pre- served meat by-products shall not exceed 0.32 ounce per 100 pounds or 200 ppm calculated prior to any smoking, cooking or fermentation. (3) Whether potassium nitrate or sodium nitrate (is) are used separately or in combi- nation, the total amount of such nitrates added to each batch of dry sausage, semi- dry sausage, preserved meat or preserved meat by-products shall not exceed 0.32 ounce per 100 pounds or 200 ppm, calcu- lated prior to any smoking, cooking or fer- mentation.

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386 APPENDIX D Regulation Number Food Regulation and Sampling Plan 45. Table XI Part 1, items P.2 and S.5 combined (1) Potassium ni- trite and/or sodium nitrite in meat binder, pumping pickle, cover pickle and dry cure employed in the curing of preserved meat and preserved meat by-products (2) Preserved meat, except side ba- con, and preserved meat by-products (3) Side bacon (4) Preserved poultry meat and pre- served poultry meat by-products (1) When the meat binder, pumping pic- kle or dry cure is used in accordance with label instructions, whether potassium nitrite or sodium nitrite are used separately or in combination, the total amount of such ni- trites thereby added to each batch of pre- served meat or preserved meat by-products shall not exceed 0.32 ounce per 100 pounds or 200 ppm, calculated prior to any smoking, cooking or fermentation. (2) Whether potassium nitrite or sodium nitrite are used separately or in combine. lion, the total amount of such nitrites added to each batch of preserved meat ex- cept side bacon or preserved meat by-prod- ucts, shall not exceed 0.32 ounce per 100 pounds or 200 ppm, calculated prior to any smoking, cooking or fermentation. (3) Whether potassium nitrite or sodium nitrite are used separately or in combina- tion, the total amount of such nitrites added to each batch of side bacon shall not exceed 0.24 ounce per 100 pounds or 150 ppm, calculated prior to any smoking, cooking or fermentation. (4) Whether potassium nitrite or sodium nitrite are used separately or in combina- tion, the total amount of such nitrites added to each batch of preserved poultry meat or preserved poultry meat by-products shall not exceed 0.32 ounce per 110 pounds or 200 ppm, calculated prior to any smoking, cooking or fermentation.