Establishing a food business in Ontario can be an exciting and rewarding business endeavor.
To plan for business success, food operators should take note of various regulations and compliance requirements that may apply to setting up and operating a food business. This article summarizes some of these potentially applicable on the provincial, municipal, and federal levels.
Provincial Regulations for Food Businesses
Food Premises
Food businesses are mainly regulated by provincial law. In Ontario, the regulations for food premises are governed by the Ontario Health Protection and Promotion Act (HPPA).
Section 1(1) of the HPPA defines a “food premise” as “a premises where food or milk is manufactured, processed, prepared, stored, handled, displayed, distributed, transported, sold or offered for sale, but does not include a room actually used as a dwelling in a private residence.” This definition includes all kinds of food premises including regular kitchens and ghost kitchens (also known as “cloud kitchens” or “dark kitchens”).[1]
This means that smaller-sized ghost kitchens are subject to the same food premises regulations as larger kitchens. However, in 2021, the Ontario government relaxed some rules for certain low-risk foods prepared at home to encourage home-based food businesses.[2]
Food Handler Certification
The Ontario Food Premises regulation (O. Reg. 493/17) under the HPPA sets out requirements for food handlers. Section 1(1) of the regulation defines a “food handler” as any person who (1) is employed in a food premise, and (2) handles or comes in contact with any utensil or with food during its preparation, processing, packaging, service, storage or transportation.
Under section 32 of the Food Premises regulation, food premises must ensure that there is at least one food handler or supervisor on the premises who has completed food handler training during every hour that the premises is operating.
Food handlers are to complete food handler certification programs. Several organizations offer food handler certification programs throughout Canada such as The Canadian Institute of Food Safety. Note that food handler certifications must be renewed as they are only valid for 5 years.[3]
Record Keeping
Food operators should keep detailed records of the operations of their food business. Section 16(5) of the HPPA requires anyone operating a food premise to keep records about the manufacturing, processing, preparation, storage, handling, display, transportation, and sale, or offering for sale of food on or in the food premise and the distribution of food from the food premise.
Municipal Regulations for Food Businesses
Local Public Health Units
Although food premises are regulated provincially, it is municipal Ontario Public Health Units that provide specific compliance requirements for food premises. Food operations must reach out to their local Ontario Public Health Unit to ask for guidance on the necessary food safety precautions they need to implement based on the type of food they are preparing.
The local Public Health Unit will also provide more specific guidance on recordkeeping requirements for food premises. The Ontario Ministry of Health website lists the locations of various local Public Health Units.
Example: Toronto
As an example, the Toronto Public Health is the local Public Health Unit for the City of Toronto. Every person who intends to operate a food premises within Toronto must notify the Medical Officer of Health of Toronto’s Public Health Unit before operation. The City provides an online Notification Form to submit this notice.
Food operators must notify the City about whether they intend to operate any of the following categories of food premises:
- Fixed food premises (e.g. commercial/food store/restaurant location);
- Mobile food premises (e.g. food truck, food cart, etc.); or
- Home-based food premises.[4]
After receiving notification, a Toronto Public Health Inspector will contact food operators to provide them with more information on the regulatory requirements for starting a food business.
Federal Requirements for Food Businesses
Safe Food for Canadian License
The Canadian Food Inspection Agency requires some businesses to obtain a Safe Food for Canadians (SFC) license depending on their business activities.
Under the Safe Food for Canadians Regulations (SFCRs), food businesses do not need a SFC license to do the following:
- To only send or convey food from one province to another;[5] and
- To manufacture, process, treat, preserve, grade, package, or label food that will be sold and consumed within your province or territory.[6]
However, the SFCRs require food businesses to obtain a SFC license to do these activities:
- To manufacture, process, treat, preserve, grade, package or label food for export, other than food additives, alcoholic beverages, or unprocessed food; and
- To manufacture, process, treat, preserve, grade, package, or label food, other than food additives, alcoholic beverages, or unprocessed food set out in Schedule 1, to send or convey from one province to another.[7]
For more information on SFC license requirements, see the Canadian Food Inspection Agency’s online interactive tool to determine your license requirements under the SFCRs.
Weighting and Measuring Devices
If a food operator sells their food by weight, by pumps, or other weighing and measuring equipment, they may need to obtain federal certification that those devices measure accurately.[8] Measurement Canada, an agency under Innovation, Science and Economic Development Canada (ISED), is charged with ensuring the accuracy of measurement-based transactions in several sectors such as retail food.
Measurement Canda defines the “retail food” sector as including “the buying and selling of retail foods at grocery stores, supermarkets, delicatessens, ethnic food stores, natural food stores, butcher shops, farmers’ markets, fish and seafood retailers, fruit and vegetable retailers, coffee retailers and specialty candy and nuts retailers.”
As an owner of a measuring device, food operators are required to have their measuring equipment inspected by a service provider authorized by Measurement Canada. For retail food, any device must be examined every 5 years.[9] Common devices used in the retail food sector include point-of-sale, computing, platform, and overhead rail scales.
ISED has an online portal to help business find an authorized service provider.
Takeaways
Provincial regulations for establishing a food business require food operators to keep adequate records and ensure their food handlers are certified. Municipally, local Public Health Units provide detailed requirements for food premises and recordkeeping. On the federal level, food businesses should determine whether they need an SFC license or an inspection for their measuring and weighing devices. The regulatory requirements in this article represent a non-exhaustive list of legal considerations for food businesses. Talk to the legal team at Emerge Law for help in identifying the particular regulatory requirements applicable to your food business.
[1] https://blog.foodsafety.ca/what-is-a-ghost-kitchen; https://www.foodsafetymarket.com/ontario-food-safety-regulations
[2] https://www.ontario.ca/files/2024-03/moh-guide-to-starting-home-based-food-business-en-2021-11-01.pdf
[3] https://blog.foodsafety.ca/food-handler-certifi
cate-ontario-how-to-enrol-and-get-certified
[4] https://www.toronto.ca/community-people/health-wellness-care/health-programs-advice/food-safety/food-safety-for-businesses/starting-a-food-business/
[5] https://ca1se.voxco.com/SE/default.aspx
[6] https://inspection.canada.ca/en/food-licences/food-business-activities
[7] https://inspection.canada.ca/en/food-licences/food-business-activities
[8] https://ised-isde.canada.ca/site/measurement-canada/en/authorized-service-providers/compliance-and-enforcement-weighing-and-measuring-devices
[9] https://ised-isde.canada.ca/site/measurement-canada/en/mandatory-examination-frequencies-sector-and-device-type