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Living > Public Health, Safety

Mandatory Food Handler Certification By-law

Mandatory food handler certification has been passed for all food establishments in Niagara, which will be introduced in two phases, starting January 1, 2013.

Compliance / Standards

Establishments will be required to have the minimum of:

  • One food handler on the premises at all times while in operation with a current and valid Food Handler Certificate
  • One owner/operator with a current and valid Food Handler Certificate

On request by Public Health, establishments must show valid certificates with photo ID for each Certified Food Handler and each Operator.

By-law Starts 2013, Takes Full Effect 2014

The by-law will come into effect with the following schedule:

  • High-risk Establishments: January 1, 2013
    Premise which prepares hazardous foods and meets at least one of the following criteria:

    • Establishments associated in the past with foodborne illness
    • Institutions serving a vulnerable population (long-term care facility, daycare)
    • Use processes involving many preparation steps and foods frequently implicated as the cause of foodborne illness (e.g. full menu restaurants, large banquet facilities, and large catering operations)
    • Preparation of foods that involve multiple preparation steps (e.g. defrosting, cooking, cooling, storing, reheating, preparing, hot holding, slicing, de-boning, mixing, and serving)
    • Effective Hazard Analysis Critical Control Point program not in place
    These types of establishments must be inspected at a minimum of three times per year.

  • Medium-risk Establishments: January 1, 2014
    A premise which meets one of the following criteria:

    • Prepare hazardous foods that do not meet the criteria outlined in the High Risk category above, or
    • Prepare non-hazardous foods with extensive handling and/or high volume of patrons (e.g. bakeries)
    These types of establishments must be inspected at a minimum of two times per year.

Read the Mandatory Food Handler Certification By-law (78-2010)

Fines for Non-Compliance

Offence Set Fine
Operator fails to ensure a minimum of one Operator per High-Risk Premises is a holder of a valid Food Handler's Certificate. $250
Operator fails to ensure a minimum of one Food Handler who is a holder of a valid Food Handler's Certificate is present at High-Risk Premises during operation. $250
Operator fails to produce a valid Food Handler's Certificate and photo identification card for High-Risk Premises $100
Operator fails to ensure a minimum of one Operator per Medium-Risk Premises is a holder of a valid Food Handler's Certificate $250
Operator fails to ensure a minimum of one Food Handler who is a holder of a valid Food Handler's Certificate is present at Medium-Risk Premises during operation. $250
Operator fails to produce a valid Food Handler's Certificate and photo identification card for Medium-Risk Premises $100
Food Handler fails to produce a valid Food Handler's Certificate and photo identification card. $100

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