The 2025 amendment to Manitoba’s Food and Food Handling Establishments Regulation (M.R. 36/2025) introduces targeted updates primarily aimed at clarifying the regulatory treatment of ungraded eggs and uninspected poultry within the broader framework of public health oversight. This regulation, made under the authority of The Public Health Act (C.C.S.M. c. P210), modifies the existing Manitoba Regulation 339/88.

A central change brought by this amendment concerns the licensing requirements for food handling establishments. Subsection 3(1) is slightly revised for clarity, replacing a reference to “subsections (4) and (5)” with “subsections (4) to (5)” to reflect the insertion of a new subsection. This change ensures the legal text encompasses the newly added provision 3(4.1), which specifically states that food handling permits are not required for establishments selling ungraded eggs, provided the sales comply with section 7.1 of the Poultry Products Regulation.

Further clarification is provided by the insertion of subsection 5(5.1), which confirms that the conditions described in subsection 5(5) do not apply to the sale of ungraded eggs when conducted in accordance with the relevant poultry regulation. This avoids potential misinterpretation or overregulation of egg sales that are otherwise deemed safe under existing poultry product guidelines.

The most significant structural change occurs in Section 26, which is completely replaced. The new provision explicitly states that sections 19 and 20 of the Food and Food Handling Establishments Regulation do not apply to the direct sale of poultry to consumers, provided that such sales are in accordance with section 7.4 of the Poultry Products Regulation. This replacement ensures regulatory consistency and acknowledges alternative supply chains in Manitoba’s poultry market, particularly those involving direct-to-consumer transactions. These sales may involve small producers or community-based agricultural operations that are already governed by specific poultry product rules.

Taken together, these amendments aim to improve regulatory compliance for specific food producers by reducing redundancy and reinforcing the applicability of more specialized regulations—namely, the Poultry Products Regulation. Rather than creating new rules, the regulation fine-tunes the interface between existing public health statutes and food safety standards, thereby fostering a more coherent approach to food oversight in Manitoba.

The 2025 amendment is narrowly focused but impactful. It alleviates regulatory pressure on small-scale sellers of ungraded eggs and uninspected poultry, provided they follow predefined safety standards. By explicitly referencing sections 7.1 and 7.4 of the Poultry Products Regulation, the changes reinforce the role of that regulation in governing these specific food items, while preserving the overarching mandate of The Public Health Act to safeguard consumer health.

Manitoba (36/2025) May 9, 2025
Disclaimer: Insights are for informational purposes only and do not reflect RRI’s official position or constitute legal opinion.