Environmental Public Health

ORDER OF AN EXECUTIVE OFFICER

NOTICE OF CLOSURE

To: Zhen Lin Lu

“the owner”

Zue Mei Lin

“the owner”

RE: The food establishment located in Calgary, Alberta and municipally described as:
Food Service
67 Douglas Glen Mews SE

WHEREAS I, an Executive Officer of Alberta Health Services, have inspected the above noted
premises pursuant to the provisions of the Public Health Act, RSA 2000, c. P-37, as amended;

AND WHEREAS such inspection disclosed that the following conditions exist in and about the above
noted premises which are or may become injurious or dangerous to the public health or which might
hinder in any manner the prevention or suppression of disease, namely:

a. The food establishment was operating contrary to permit restrictions since there was
evidence of food handling and repackaging in the garage.
b. Numerous boxes and bags of vegetables and fruit were stored on the dirty ground in the
garage.
c. An accumulation of grime and food debris was noted on the floor throughout the garage,
tables where the scale was located, inside the van and freezers.
d. Boxes of high risk frozen foods including, cooked shrimp, clams, meat bones and bags of
sliced meat were stored inside a van without a means of mechanical temperature control.
The surface temperature of the food measured between -9oCelsius and -11oCelsius.
e. There was insufficient freezer space to store the large quantity of frozen food in the garage.
f. Personal items and tools were stored next to food in the garage.
g. The garage was cluttered and disorganized.
h. Strips of pork fat were stored in a cardboard box with no barrier between the cardboard and
the pork.
i. An open box of frozen shrimp was found on the counter in the kitchen of the home.
j. The owner was organizing public gatherings to distribute food sales. The continued operation
of the above noted premises permits activities that could transmit COVID-19.

AND WHEREAS such inspection disclosed that the following breaches of the Public Health Act and the
Food Regulation, Alberta Regulation 31/2006 and the Food Retail and Foodservices Code exist in and
about the above noted premises, namely:

a. The food establishment was operating contrary to permit restrictions since there was
evidence of food handling and repackaging in the garage. This is in contravention of the
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 67 Douglas Glen Mews SE
Page 2 of 5

Food Regulation AR 31/2006 s 9(1) and (4), which states that: The regional health authority
may make the issue or renewal of a permit subject to restrictions on the type of food that,
or the manner in which any type of food may be served, manufactured, processes or
stored, and any other terms and conditions the authority considers to be appropriate. An
operator must ensure that the terms and conditions of the permit are not contravened.

b. Numerous boxes and bags of vegetables and fruit were stored on the dirty ground in the
garage. This is in contravention of the Food Regulation AR 31/2006 s 23(1), which states
that: All food, equipment, and utensils must be stored in a manner that protects them from
contamination.

c. An accumulation of grime and food debris was noted on the floor throughout the garage,
tables where the scale was located, inside the van and freezers. This is in contravention of
the Food Regulation AR 31/2006 s 28(2), which states that: A commercial food
establishment, all equipment and utensils in it and all surfaces in it in which food comes
into contact must be maintained in a sanitary condition and, without limiting the foregoing,
must be washed and sanitized in a manner that removed contamination.

d. Boxes of high risk frozen foods including, cooked shrimp, clams, meat bones and bags of
sliced meat were stored inside a van without a means of mechanical temperature control.
The surface temperature of the food measured between -9oCelsius and -11oCelsius. This is
in contravention of the Food Regulation AR 31/2006 s 28(1), which states that: A
commercial food establishment must have all the facilities, equipment and utensils that are
necessary to ensure its safe operation and maintenance.

e. There was insufficient freezer space to store the large quantity of frozen food in the garage.
This is in contravention of the Food Regulation AR 31/2006 s 28(1), which states that: A
commercial food establishment must have all the facilities, equipment and utensils that are
necessary to ensure its safe operation and maintenance.

f. Personal items and tools were stored next to food in the garage. This is in contravention of
the Food Regulation AR 31/2006 s 20(1), which states that: All articles and materials in a
commercial food establishment that are not associated with or required for the operation or
maintenance of the food area must be stored separately from the food and the food areas
and in a manner that contaminates neither.

g. The garage was cluttered and disorganized. This is in contravention of the Food Regulation
AR 31/2006 s 28(2), which states that: A commercial food establishment, all equipment and
utensils in it and all surfaces in it in which food comes into contact must be maintained in a
sanitary condition and, without limiting the foregoing, must be washed and sanitized in a
manner that removed contamination.

h. Strips of pork fat were stored in a cardboard box with no barrier between the cardboard and
the pork. This is in contravention of the Food Regulation AR 31/2006 s 23(1), which states
that: All food used or to be used in a commercial food establishment must be protected
from contamination and handled in a sanitary manner.

i. An open box of frozen shrimp was found on the counter in the kitchen of the home. This is
in contravention of the Food Regulation AR 31/2006 s 17(1)(d), which states that: An
operator shall ensure that, before operation of a commercial food establishment, the food
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 67 Douglas Glen Mews SE
Page 3 of 5

establishment has all its food handling areas separated from living quarters and from other
areas where activities are carried out that are incompatible with the safe and sanitary
handling of food.

AND WHEREAS the Chief Medical Officer of Health has issued two Records Of Decision – CMOH Orders
01-2020, and 02-2020, under section 29(2.1) of the Public Health Act, in response to a public health
emergency,

j. The owner was organizing public gatherings to distribute food sales at the known locations
of 250 Edgepark Blvd NW and 20 Springborough Blvd SW, that is in contravention of the
Record Of Decision – CMOH Order 01-2020, or 02-2020, or both. The continued operation
of the above noted premises permits activities that could transmit COVID-19.

AND WHEREAS, by virtue of the foregoing, the above noted premises are hereby declared to be
Closed.

NOW THEREFORE, I hereby ORDER and DIRECT:

1. That the Owner immediately close the above noted premises.

2. That the Owner immediately undertake and diligently pursue the completion of the following
work in and about the above noted premises, namely:
a. Immediately cease and desist the practice of repackaging food in the garage.
Remove the scale and bags from the food storage area.
b. Provide a written summary outlining the safe delivery process.
c. Store all boxes and bags of food off the ground.
d. Thoroughly clean and sanitize the inside of the garage including the floor, table,
inside of the van and freezers.
e. Obtain appropriate temperature controlled devices/equipment for the van.
f. Obtain appropriate temperature controlled devices/equipment for the garage.
Ensure that all frozen foods are stored in a mechanical freezer.
g. Remove personal items from the garage.
h. Reorganize the garage to ensure food is safely stored at all times. Discard any and
all items that are not related to the safe operation of a food establishment.
i. Ensure that all food is protected from contamination during storage and
transportation.
j. Only store food, to be sold to the public, in the approved food storage area.
k. Cease and desist the organizing of any and all customer gatherings where food is
delivered.

3. That until such time as the work referred to above is completed to the satisfaction of an
Executive Officer of Alberta Health Services; the above noted premises shall remain
closed.

The above conditions were noted at the time of inspection and may not necessarily reflect all
deficiencies. You are advised that further work may be required to ensure full compliance with the
Public Health Act and regulations, or to prevent a public health nuisance.
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 67 Douglas Glen Mews SE
Page 4 of 5

DATED at Calgary, Alberta, April 3, 2020

Confirmation of a verbal order issued to Zhen Lin Lu on April 1, 2020.

Angelina Barlow, CPHI(C)

Executive Officer
Alberta Health Services

You have the right to appeal

A person who a) is directly affected by a decision of a Regional Health Authority, and

b) feels himself aggrieved by the decision

may appeal the decision by submitting a Notice of Appeal form within ten (10) days after receiving the order to:

Public Health Appeal Board

c/o Central Reception
Main Floor, ATB Place North Tower
10025 Jasper Avenue NW
Edmonton, Alberta, T5J 1S6
Phone: 780-222-5186
Fax: 780-422-0914
Email: HealthAppealBoard@gov.ab.ca
Website: https://www.alberta.ca/public-health-appeal-board.aspx

A Notice of Appeal form may be obtained by contacting Alberta Health Services at 780-342-0122 or by
contacting the Public Health Appeal Board.

Health Legislation, Regulations and Standards

Electronic versions of the Public Health Act and Regulations are available at the Alberta Queen's Printer
Bookstore 10611 - 98 Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or www.qp.gov.ab.ca.

Health Legislation and regulations are available for purchase. Please contact Alberta Queen's Printer
Bookstore 10611 - 98 Avenue, Main Floor, Park Plaza, Edmonton, Alberta, T5K 2P7 or www.qp.gov.ab.ca.

Copies of standards are available by contacting the Health Protection Branch of Alberta Health at
780-427-4518 or by visiting: https://www.alberta.ca/health-standards-and-guidelines.aspx

Copy: Office of the Chief Medical Officer of Health

City of Calgary Business Licensing
Order of an Executive Officer – Notice of Closure
RE: The Food Establishment located in Calgary, Alberta and municipally described as: 67 Douglas Glen Mews SE
Page 5 of 5

Calgary • Southland Park III • Environmental Public Health

10101 Southport Road SW, Calgary, Alberta, Canada, T2W 3N2

www.albertahealthservices.ca/eph.asp