PASS (GREEN) SIGN
What does it mean?
A PASS sign posted at the entrance of a food business premises indicates full or substantial compliance with the requirements of the Ontario Food Premises Regulation (O. Reg. 493/17) was observed on the inspection date noted on the sign.
What does substantial compliance mean?
Substantial compliance with the Ontario Food Premises Regulation means that:
- Minimum standards of the Ontario Food Premises Regulation have been met.
- Fewer than five non-critical infractions were noted, or infractions noted were corrected during the inspection.
- Food operation is unlikely to cause an immediate risk to public health.
- Correction of any infractions noted is the responsibility of the operator and must be made as soon as possible.
Examples of minor infractions
- Walls or floors in areas where food is not stored or handled need minor repairs.
- No test kit or supply of test strips to check the sanitizer concentration in automatic dishwashers is available.
- No thermometers were found in refrigerators/freezers.
When would my premises be re-inspected?
Follow-up inspections will take place at the discretion of the Public Health Inspector. Minor non-compliance observed in a premises receiving a PASS sign can often be followed up during the next regular inspection.
What type of legal action can be expected?
The appropriate legal action will be initiated at the discretion of the Public Health Inspector. Minor infractions, especially those seen repetitively or frequently, may result in the issuance of Provincial Offence Notices (tickets).
CONDITIONAL PASS (YELLOW) SIGN
What does it mean?
A CONDITIONAL PASS sign will be issued when significant non-compliance with the Ontario Food Premises Regulation (O. Reg. 493/17) is observed during an inspection. To avoid a closure order being issued, immediate threats to food safety must be addressed to the satisfaction of the Public Health Inspector during the inspection. A CONDITIONAL PASS indicates that the premises may not be operating according to the Ontario Food Premises Regulation in between inspections.
What does significant non-compliance mean?
Significant non-compliance with the Food Premises Regulation means that your premises has:
- Five or more non-critical infractions.
- One or more critical infraction(s).
- Repeated infractions.
Examples of critical infractions that can lead to foodborne illness:
- Hazardous foods (i.e. meat, poultry, fish, shellfish) are not cooked to the internal temperature required to kill potentially harmful bacteria.
- Hazardous foods are not stored at 4ºC or colder to prevent the growth of harmful bacteria.
- Contamination of ready-to-eat foods with raw foods/chemicals/pesticides.
- Food handling staff not washing their hands prior to handling food.
- There is potential for food contamination due to the premises being infested by insects or rodents.
- The same cutting board is used for raw food (e.g. chicken, beef, fish) and for ready-to-eat food (fruit, vegetables, salads) without being washed, rinsed and sanitized in between processes.
When will my food premises be re-inspected?
Items that pose an immediate risk of foodborne illness must be corrected at the time of inspection. In addition, a food premises receiving a yellow CONDITIONAL PASS sign will receive a follow-up inspection.
Based on the findings of the follow-up inspection, the Public Health Inspector will issue the appropriate sign for the premises. If the infractions have not been corrected, another yellow CONDITIONAL PASS sign will be issued, and a follow-up inspection will be conducted at the discretion of the Inspector.
What type of legal action can be expected?
When a food premises has infractions that lead to the issuance of a yellow CONDITIONAL PASS sign, the Public Health Inspector may initiate legal action with Provincial Offence Notices (tickets). Crucial infractions with potential to pose an immediate public health risk and/or lead to a health hazard will result in the closure of the food business premises.
CLOSED (RED) SIGN
What does it mean?
A red CLOSED sign is issued to the operator of a food premises when the Public Health Inspector is of the opinion, upon reasonable and probable grounds, that an immediate health hazard exists.
Under these conditions, an order to close the premises under Section 13 of the Health Protection and Promotion Act will be issued. A Section 13 order is issued to eliminate or decrease the effect of the health hazard. An order is a legal document. Failing to comply with an order is an offence, which upon conviction, could result in a significant fine.
What happens after my food premises gets a CLOSED sign?
If a food premises is issued a CLOSED sign, the operator must do the following:
- Close the food premises and stop preparing and selling food to the public.
- Correct the conditions listed on the closure order to remove the health hazard(s).
- Contact the EOHU for a follow-up inspection when the conditions have been removed or corrected. A follow-up inspection must be conducted prior to re-opening the premises.
A Public Health Inspector will rescind the order and remove the CLOSED sign if the health hazard(s) have been removed or corrected. Observations made during the follow-up inspection will determine the appropriate sign for the premises.
Examples of infractions leading to a CLOSED sign:
A health hazard can be any condition that will likely lead to foodborne illness if the condition is not corrected. Examples include:
- Premises infested with insects or rodents, where there is evidence of food contamination and a lack of an effective pest control program to remove the infestation.
- Lack of sufficient potable water to operate the food premises in a sanitary manner.
- Sewage back-up into food preparation or storage areas.
- Too many infractions that cannot be corrected while the premises is in operation.
When will my premises be re-inspected?
The CLOSED premises will be monitored at all times to ensure that the premises remains closed. The operator may contact the EOHU to request a re-inspection. The operator is responsible for keeping the premises closed. The CLOSED sign will remain posted until a Public Health Inspector issues the appropriate replacement sign based on a follow-up inspection. If the infractions have not been corrected, the CLOSED sign will not be removed, and the premises must remain closed.
What type of legal action can be expected?
When conditions observed at a food premises constitute an immediate health hazard the operator may be charged. Furthermore, operators who do not comply with a closure order will be charged and summonsed to appear in court.
If the court finds the defendant guilty, an individual operator may be fined up to $5,000, and a corporation up to $25,000, for each day or part of a day on which the offence occurred or continued to occur.
