Farmers’ Markets Application Package

Requirements

The Eastern Ontario Health Unit (EOHU) requests an application available on the health unit’s website be submitted for each farmers’ market before opening for the season. When a farmers’ market is operating during multiple seasons, we request the market organizer submit a notification before each market season begins. If it is a year-round farmers’ market, one application is sufficient at the beginning of each year.

To qualify as a “Farmers’ Market,” greater than 50% (e.g. 50% + 1) of the vendors must be farmers/producers who are primarily selling or offering for sale their own farm products. The Ontario Food Premises Regulation (O. Reg. 493/17) exempts certain farmers’ market food vendors from being subject to compliance with the regulation. To grant an exemption, the Ministry of Health requires health units to request initial verification from each farmers’ market organizer to assess whether an exemption applies. Compliance with the Health Protection and Promotion Act (HPPA) will still apply to ensure the safety of food for sale at the market.

The exemption applies if greater than 50% (e.g. 50% + 1) of the vendors are producers of farm products who are primarily selling or offering for sale their own products intended for use as food. All vendors including non-food vendors should be considered as part of the farmers’ market.

Farmers’ market operators that do not demonstrate that most vendors are producers of farm products who are primarily selling or offering for sale their own products will be subject to the Ontario Food Premises Regulation. Any prepared food that will be sold at the event must be prepared in a kitchen space that is inspected and approved by the local health unit. However, please note that regardless of the exemption given to an approved farmers’ market, the Health Protection and Promotion Act (HPPA) is always applicable and will be referenced to during market inspections by Public Health Inspectors (PHIs).

Definitions

Farmers’ markets: Means a central location at which a group of persons who operate stalls or other food premises meet 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 vendors operating the stalls or other food premises are producers of farm products who are primarily selling or offering for sale their own products.

Farmer’s market food vendor: Means the operator of a stall or other food premises 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 vendors are producers of farm products who are primarily selling or offering for sale their own products.

Farm products: Means 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, meat and meat products, dairy products, honey products, maple products, fish, grains and seeds and grain and seed products.

Farmer: A farmer primarily selling their own farmed products (e.g. more than 50% of their products are farmed from their own property).

Food: Means food or drink for human consumption and includes an ingredient of food or drink for human consumption.

Potentially hazardous foods: Means food in a form or state that is capable of supporting the growth of infectious or toxigenic micro-organisms and which requires time and temperature control to limit such growth.

Examples of Potentially Hazardous Foods

*Note: Graded eggs are a requirement of egg marketing regulations.

Low-risk food: Food that is not potentially hazardous food.

Examples of Low-Risk Foods

Crafter: This category includes any vendor who is not selling food products, but may be selling artisanal goods, such as knitted items, woodwork, etc.

Exempt Premises Requirements

My Farmers' Market is exempt, what does this mean?

Being exempt from the food premises regulation does not mean that the event is exempted from inspection for health hazards under the Health Protection and Promotion Act (HPPA) by a Public Health Inspector. Compliance with the HPPA will still apply to ensure the safety of food for sale at the market. Additional assessments and/or inspections may be carried out as necessary to ensure compliance with the HPPA (including recommendations from PHIs), deal with suspected food-borne illnesses/outbreaks, address consumer complaints, and in the event of food recalls.

A sign must also be posted in a conspicuous location indicating that the food premises has not been inspected in accordance with the food premises regulation.

What Requirements Do I Need to Meet If I Am a Vendor at a Farmers’ Market?

All food vendors are required to notify the health unit of their intent to operate a booth at a farmers’ market. Submission of the completed notification form will serve as notification to the health unit. Operators exempted from the Ontario Food Premises Regulation will be requested to maintain an inventory of vendors on-site or make access to the inventory available for the Public Health Inspector to monitor the ongoing application of the exemption.

If the farmers’ market you attend meets the definition of a “farmer’s market,” you are exempt from the Ontario Food Premises Regulation; however, you are still required to meet basic food safety requirements, including:

• Protecting food from contamination
• Keeping food at safe temperatures
• Providing a handwashing station
• Selling products that meet regulatory requirements
• Labelling value-added food products

The following resource outlines ways you can meet food safety requirements: Food Safety Guidelines for Farmers’ Markets.

What foods cannot be sold at a farmers’ market?

• Ungraded eggs (proof of grading is required to sell at market)
• Unpasteurized dairy products
• Meats that have not been federally or provincially inspected (receipts required to sell at market)

What is required for on-site food display?

• We request that you ensure the food is protected from contamination, single-service utensils are used and there are adequate garbage receptacles at your booth.
• Please ensure you are aware of any applicable product labelling requirements for processed foods.
• Provide us with a summary of how foods will be protected from contamination while on display; (i.e. food-grade wrap, pre-packaged foods only, enclosed cabinet/container, lids, etc.).
• Handwashing stations: If vendors are providing their own temporary set-ups, we request that you specify the set-up with your application and/or send us a photo of your set-up.

Selling Home-Canned Products?

If you wish to sell home-canned food items at your market booth, please note that only certain products will be permitted for sale at local markets.

High-acid or acidified home-canned food items that are prepared in accordance with a scientifically validated recipe may be sold at local markets.

Examples of Validated Recipes:

• Ball
• Bernardin
• Kerr
• National Centre for Home Food Preservation
• Iowa State University

Low-acid home-canned food items (pH 4.6 or higher) will not be permitted, due to the high risk of botulism from improper processing.

The water bath method and pressure canning method are two acceptable canning methods.

Please contact a public health inspector with specific questions you have about selling home-canned food items at a farmers’ market.

Resources

Farmers' Market Vendor Application

Farmers' Market Coordinator Application