All fairs, festivals, special events, markets and vendors who sell food products are inspected by a Public Health Inspector (PHI). The PHI will inspect each food vendor according to relevant legislations such as the Ontario Regulation 493: Food Premises and the Health Protection and Promotion Act. If there is an immediate health risk to the public, a food vendor will not be allowed to operate until the health risk is removed.
Food vendors can follow our food vendor set up guide [2] and consult with a Public Health Inspector at 519-258-2146 ext. 4475 to help you understand food safety and COVID-19 requirements.
Under the Health Protection and Promotion Act, 1990, you must notify the health unit when food will be offered to the public at an event.
All organizers must complete a Special Event/Market Application [3] form and submit it to the health unit at least 30 days before the event.
All food vendors must complete a Food Vendor Application form [4] and submit it to the health unit at least 30 days before the event.
For organizers of private events (e.g. wedding receptions, private celebrations) seeking a “Special Event Permit” from the Alcohol and Gaming Commission of Ontario (AGCO) and are required to notify the Health Unit, please complete the Private Event Notification Form. [5]
If you are planning to attend more than one event, an application form is required for each event.
Once the health unit receives the applications, they will be reviewed by a Public Health Inspector who will contact the organizer and all food vendors to collect additional information.
As an event organizer, you are responsible for:
As a food vendor, you are responsible for:
If you are preparing food off-site in a rented kitchen, you will be asked to provide proof of where the food was prepared (e.g., letter from facility owners, rental agreement, or latest inspection report)
You must follow the requirements in order to operate. Failure to meet the requirements may lead to a delay or inability to offer food for sale to the public. If a health hazard is found to exist during the operation of a food booth, we may require your operation to close until the health hazard is corrected.
There are special events or farmers’ markets that are exempt from the Food Premises Regulation (O.Reg.493/17).
For Farmers’ Markets, a PHI will conduct an on-site assessment of the market to determine whether or not the Ontario Food Premises Regulation 493 applies to the market. Please be advised, the type of market will be determined by the PHI during a routine assessment of all vendors in the market, including the non-food vendors.
If you believe your event is exempt, contact the Windsor-Essex County Health Unit for confirmation and an exempt operators package will be provided to you.
If your event is exempt, you will be required to:
A general market is similar to a farmers’ market except that the majority of the food vendors do not sell their own farm products. A general market is when 50% or less of the vendors are selling their own farm products. The Ontario Regulation 493: Food Premises applies to these markets as well as the Health Protection and Promotion Act.
For a general market, food vendors will NOT be permitted to sell food prepared at an uninspected premises.
A Farmers’ Market is a central location where a group of people and/or food vendors meet to sell food products to the public. These food products may include farm products, baked goods, preserved foods and prepared foods that incorporate their own products (also known as value added goods).
To be classified as a Farmers’ Market, greater than 50% (e.g.,50% + 1) of the vendors must sell their own farm products. For example, if there are 20 vendors in a market, 11 vendors must offer for sale their own farm products and at least 50% of these products must be from their own farm.
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, mushrooms, meat and meat products, dairy products, honey products, maple products, fish, grains and seeds and seed products.
The Ontario Regulation 493: Food Premises does not apply to Farmers’ Markets. However, other relevant legislation such as the Health Protection and Promotion Act (HPPA) still apply.
Ontario Health Protection and Promotion Act, (1990). [7]
Ontario Regulation 493: Food Premises (2017). [8]
Links
[1] https://www.wechu.org/food-safety/wild-game-dinners-andor-wild-game-event-requirements
[2] https://www.wechu.org/food-safety/food-vendor-set
[3] https://www.wechu.org/special-eventmarket-organizer-application
[4] https://www.wechu.org/food-vendor-application
[5] https://www.wechu.org/private-event-notification-form-agco-special-occasions-permit-requirement
[6] https://www.wechu.org/classes-and-clinics/classes/food-handler-course
[7] https://www.ontario.ca/laws/statute/90h07
[8] https://www.ontario.ca/laws/regulation/170493
[9] https://www.wechu.org/tags/safe-food
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1005 Ouellette Avenue, Windsor, Ontario N9A 4J8 - 519-258-2146