This essay reflects on the hospitality Law arena in Canada and India, covering relevant laws such as Food Adulteration Act, Food and Drug Administration Act, Premise and establishment Act, and Alberta Humans Rights Act.
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INTERNATIONAL HOSPITALITY LAW HOSP8110 (2) Assignment 4 Elements of Law Comparison University Name Tutor Date
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Introduction Hospitality law is a social practice legal system which relates to treatment and management of guests or the practice of the sector in regards to concepts relating to legal, hospitality and liability which are intended to protect hosts and guests against injury and harm. More widely used aspects are practiced under common law which allows for safe keeping for and loss of property or premises. This essay reflects on the hospitality Law arena in Canada and India. The Canadian law system is assessed largely on the common law tradition borrowed from the UK. Common law practices such as those found in the law of tort, contracts, etc are often more similar to those of the US and UK. In India, there is a sustained growth trend in the hospitality industry. The hotel industry is greatly linked to the tourism sector. Relevant Laws Food Adulteration Act and Laws in India and Canada In Canada, the New act governing Food adulteration came into effect in 2018 with changes on the Ontario Food and Safety regulations being introduced by the ministry of health. This new changes replaced the former Ontario Food Premises Regulation 493/17. The changes made from this act are largely incorporation of previous items which were covered by the municipality bylaws. The New act covers various aspects. Section 6 of the act covers inspection reports for food premises, hospitality premises must display food safety inspections as per instructions provided by inspectors. Pest control management entails food premises making sure that appropriate measures are done which protect the premise from pest entry and pest breeding avenues. Further, the act covers the section on food processing, temperature control, food handler training guidelines and personal hygiene (Canadian Institute of Food Safety, online 2019). In India, laws governing food processing industry has been put in place covering the various aspects of food production in the hospitality industry and the entire food production chain. The law responsible for dealing with food safety in India is referred to the Food Safety and Standards Act of 2006 commonly referred to as FSSA Act 2006. The act covers all food legislation. The act harmonizes and regulates the food industry per international standards.
The act has put in place science-based standards to govern food. Key regulations of the act entail those governing packaging and labeling of food. The act offers packaging and labeling of foods. It actualizes sale and distribution of food under packaged mode and labeled well. The act also outlines details on registration and health and sanitary permits used in the hospitality industry. Under the regulation 2.1 of license and registration, food premises are required to register in compliance with the licenses and registration regulations. Thus generally the Act preamble offers an emphasis on providing and prevention of food adulteration which is key in food safety. This allows for safer consumption of food. Likewise, to the Food Adulteration Act, promotion of safe food is pivotal for human consumption (Vaish, Vaish & Urmi, 2013). Food and Drug Administration Act The food and Drugs Act is an act of parliament in Canada regulating production, import, export, transport and sale of foods and drugs in various units and premises. It ensures that foods products and other related products are safe for human usage. Issues regarding the effectiveness and their ingredients are covered under r this act. Part I of the act covers specific aspects regarding food, drugs, cosmetics, and devices which are largely exploited by the hospitality industry. The act offers guidance on the regulatory process and offers food inspections role key task in enforcing the act. Further, the agency role is to ensure that administration of none health and safety regulations regarding labeling, packaging and adverting of food are done in a professional manner (Ministry of Health and Family Welfare, n.d). In India, the Food Safety and Standards Authority was established under the Food and Safety Standards Act of 2006, consolidating various acts and orders having a key role in food relation and standardization issues. The authority lays down regulation and basis of standards for food regulation, storage, distribution and sale in order to ensure availability and safe consumption. The act aims at utilizing a single resource reference point for all issues regarding food safety and standards. The authority is tasked with regulation, of guidelines, setting standards, accreditation mechanism, scientific and technical support for food industries, the collection of data regarding food consumption and offering training programs for persons involved in food standards and creation of awareness about food safety issues (Government of Canada, online 2019).
Premise and establishment Act in India and the Alberta Humans Rights Act in Canada In India, shops and establishment act has been established to regulate the conditions of work and provide statuary obligations of conforming to safety and standards within hospitality premises. The regulations under this act, guides on working hours, guidelines for spread over within the establishment, rules of employment, rules for annual leave, maintenance of register and records, rules of employment, employers obligations, accidents covers, precautions and all issues pertaining the hospitality working condition. Investors in this arena, need to sick by regulations meeting the needs of everybody without any disadvantage (n.a, 2018). In Canada, the formulation of policies and guidelines regarding staffing and employment issues and rights have been addressed through the interpretation of certain sections of the Alberta Human Rights Act- AHR Act. Policies and guidelines borrowed from the act allow for individuals, employers, and policymakers to be able to understand their rights and responsibilities in the hospitality industry. Under this act, hospitality providers must ensure that they provide services, facilities, and accommodation services without any discrimination. it prohibits discrimination against any basis of race, gender, family status among other parameters. Similar to India’s premise and establishment Act, the AHR, it allows for equal access to hospitality premise by all (Alberta Human Rights Commission, online). Conclusion Hospitality industry covers various premises such as hotels, restaurants, bars and nightclubs premises. The essences of regulations and standards aim at standardizing the services being accorded in these areas. Comparison and contrast of India and Canada have identified that the hospital industry has cross-cutting laws and regulations which aim at providing certain levels of services and guidelines for the industry. As much as the guidelines and regulations are less the same, their implementation is differential on the basis of the applicable country.
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References Alberta Human Rights Commission, (online).Human rights in the hospitality industry Retrieved from https://www.albertahumanrights.ab.ca/publications/bulletins_sheets_booklets/ bulletins/Pages/hospitality.aspx. Accessed on 07 March 2019. Canadian Institute of Food Safety. (2019)Changes to Ontario Food Safety Laws Effective 1st July 2018.Retrieved fromhttps://www.foodsafety.ca/blog/changes-to-ontario-food- safety-laws. Accessed on 07 March 2019. The government of Canada. (online 2019).Canada's Food and Drugs Act and Regulations. Retrieved from https://www.canada.ca/en/health-canada/services/food-nutrition/legislation-guidelines/ acts-regulations/canada-food-drugs.html. Accessed on 07 March 2019. Ministry of Health and Family Welfare, (2019). The Food Safety and Standards Authority of India.Retrieved fromhttps://www.fssai.gov.in/home/about-us/introduction.html. Accessed on 07 March 2019. N.A, (2018) Shops and Establishments Act License in India.Retrieved from https://nextwhatbusiness.com/shops-and-establishments-act-license-india/. Accessed on 07 March 2019. Vaish, Vaish & Urmi, (2013).India: Laws Governing The Food Industry In India – Revisited. Retrieved from http://www.mondaq.com/india/x/244880/food+drugs+law/Laws+Governing+The+Foo d+Industry+In+India+Revisited. Accessed on 07 March 2019.