Food premises

Operating, constructing, or renovating new food premises

Complete the Notice of Intent to Operate a Food Premises Application if you are opening a new food premises, changing, or taking ownership of an existing food premises.

If the food premises will not be on municipal services, you must provide information on the type and location of the water supply, and water treatment system, if applicable.

You must also contact your municipality or township for review and approval of the septic system prior to submitting your application to KFL&A Public Health.

Once KFL&A Public Health has reviewed and approved your application, a copy of the approved plans may be provided to you to use for your building permit application. Any proposed changes to the approved plan must be reviewed and approved again by the area Public Health Inspector.

Once construction is complete, please email our environmental health team to schedule a pre-opening inspection. 

At least one certified food handler must be onsite during all hours of operation, and all staff preparing food should be trained in safe food handling.  

Markets

Public Markets 

Food vendors at public markets must meet the requirements of Ontario Regulation 493/17 Food Premises. For more information about the requirements, please visit our special event requirements.

Food safety requirements

• All prepared and processed foods offered for sale must come from an approved food premises.
• Ungraded eggs, uninspected meat and unpasteurized milk cannot be offered for sale.
• All hazardous foods must be kept at 4°C (40°F) or colder at all times during transport and sale. Mechanical refrigeration may be required.
• Frozen foods must be frozen at all times during transport and sale. Mechanical refrigeration may be required.
• If food samples are to be offered to the public there may be additional requirements including handwashing and safe food handler training. Equipment used for preparing and handling food samples will need to be washed, rinsed, and sanitized in the same manner that meets the requirements of Ontario Regulation 493/17 Food Premises.  

Farmers’ market food premises regulation exemption

Farmers’ Markets and their food vendors are exempt from the Food Premises Regulation if greater than 50 percent of the vendors are producers of farm products who are primarily selling or offering for sale their own products intended for use as food. While an exempt market is not subject to the requirements of the Food Premises Regulation, they are still required to operate safely and may be inspected under the Ontario Health Protection and Promotion Act R.S.O. 1990, c.H.7  for the presence of health hazards.

Calculation to determine whether a farmer's market meets the exemption criteria

The number of vendors who are producers of farm products who are primarily selling or offering for sale their own products intended for use as food, divided by, the total number of market vendors including non-food vendors, multiplied by, 100 percent. If the result is greater than 50 percent, the market is exempt from the Food Premises Regulation. If the result is less than or equal to 50 percent, the market is not exempt from the Food Premises Regulation.

Farmers’ markets are physical locations, and food vendors should not be selling their value-added goods online.

For more information on Farmers’ Market Responsibilities and Requirements, please visit Farmers Markets Ontario - Food Safety Matters, Roles and Responsibilities 

For more information on selling specific food items, please visit Farmers Markets Ontario - Food Safety Matters, Practices and Regulations. 

Definitions

Farm

A farm in a rural area with a barn, silo, fields, etc. with a full-time farmer; a hobby farm in a rural area with fields and a farmer on a part-time basis, or a producer who grows only local produce on their own property or a common gardening area

Farmers’ market food vendor

The operator of a stall or other food premise that is located at a central location at which a group of persons who operate stalls or other food premises meets to sell or offer for sale to consumers products that include, without being restricted to, farm products, baked goods and preserved foods, and at which the majority of the persons operating the stalls or other food premises are producers of farm products who are primarily selling or offering for sale their own products;

Farm products

products that are grown, raised or produced on a farm and intended for use as food and include, without being restricted to, fruits and vegetables, mushrooms, meat and meat products, dairy products, honey products, maple products, fish, grains and seeds and grain and seed products.

Approved food premises

Any food premises that is inspected by KFL&A Public Health, or other public health unit, and meets the requirements of Ontario Regulation 493/17.

Hazardous food

Any food that can support the growth of pathogenic (disease causing) organisms or the production of the toxins of such organisms.  This includes products such as milk, eggs, meat, poultry, fish, seafood, cooked beans and legumes (including tofu and tempeh), cooked grains (including pasta), cooked vegetables, or food mixtures including such products.