Roles and Responsibilities

Canadians are increasingly concerned about the safety of the food they eat. In fact, they make an effort to buy locally grown and produced food because they trust it. That makes food safety at farmers’ markets everyone’s responsibility.

The information presented here is a summary of guidelines, regulations and policies. Vendors and Market Managers should contact their local public health unit to confirm specific requirements.

Locate the public health unit that your market falls under.

1. Who is responsible for food safety at markets?

Farmers, vendors, managers and market leaders must all be aware of food safety practices and policies and ensure they are being practiced in the preparation, transportation, storage and selling of food at their market.

Local public health units are important partners in ensuring food safety at markets. Vendors should consult with the health unit as part of the process of introducing new products for sale. Market Managers and Leaders should have a good working relationship with their local health unit and ensure that new vendors are approved by the health unit prior to vending.

While Farmers’ Markets Ontario does not regulate markets, we work closely with the Ontario Ministry of Health, the Ontario Ministry of Agriculture, Food and Rural Affairs and the Association of Supervisors of Public Health Inspectors of Ontario to promote food safety awareness and education to market organizers/managers, vendors and their employees.

2. Why practice food safety at farmers’ markets?

Consumers trust Ontario’s farmers’ markets to be a source of safe food. We all know there is a potential for the spread of disease and illness through food. To ensure the reputation of our markets is maintained, everyone who prepares and handles market food needs to know and meet food safety requirements including personal hygiene, avoiding food contamination and keeping foods at safe temperatures.

Food safety requirements are based on the potential for foodborne illness. For example, fruits and vegetables have a relatively low risk of contamination. While there is some risk of contamination in the field, during harvest, in transportation or even at the market it is low because the fruits and vegetables are almost always washed and peeled.

Public health officials use a risk-based approach when promoting food safety and educating food handlers. They use the definitions of and high-risk or potentially hazardous and low-risk or non-hazardous foods to identify the inherent risk of the products and the food safety practices required for each. For example, bread and fruit pies are considered low risk or non-hazardous while chicken and milk are considered high risk or potentially hazardous. Knowing about risk will help you understand how and why the food safety practices and regulations have been developed.

3. What is a high-risk or potentially hazardous food?
A high-risk or potentially hazardous food is a product that is capable of supporting the growth of disease-causing microorganisms, including strains of bacteria like Salmonella, Listeria and E. coli or toxin-producing bacteria. The food items include: any meat, poultry, fish, milk and dairy products, unpasteurized cider, kombucha tea and fruit juice or any other product that contains mixtures of these.

4. What is a low-risk or non-hazardous food?
A low-risk or non-hazardous food is a product that does not support the growth of disease-causing microorganisms. The food items include: apple sauce, brownies, bread and buns (no dairy or cheese fillings), butter tarts, cakes (icing sugar only; no whipped cream), dry cereal products, chocolate, cinnamon buns, cookies, dried fruits, fresh fruits and vegetables, fruit pies and pastry, fudge, hard candy, honey, jam, jelly, muffins, popcorn and maple syrup.

5. What are the food safety regulations in Ontario?
The Health Protection and Promotion Act is the law in Ontario giving local health departments the duty to carry out inspections in restaurants and other food premises. Under that Act is the Food Premises Regulation, the goal of which is to make sure food is kept safe to prevent foodborne illness.
6. What farmers’ markets are exempt from the Ontario Food Premises Regulation?
Recognizing the tradition and nature of farmers’ markets, the Ontario government saw fit to exempt farmers’ markets, with the majority of vendors being farmers, selling products they grew or prepared, from the requirements of the Food Premises Regulation. The intention was to permit traditional homemade products made by the farmer to be sold at markets. The Farmers’ Market Vendor Composition Worksheet will assist markets and health units in determining which markets qualify for the exemption.

Exempt Farmers’ Market

Ontario Food Premises Regulation does not apply if the proportion of vendors selling their own farm products is greater than 50% of the total vendor count in high season. However, other relevant legislation is still applicable such as the Health Protection and Promotion Act, Milk Act and Farm Products Marketing Act. Potentially hazardous and non-hazardous foods can be made in vendor’s homes and must be properly handled, stored, prepared and transported in order to be sold on the market. The markets should still be inspected.

Non-exempt Farmers’ Market

The Ontario Food Premises Regulation applies, as well as, other relevant legislation such as the Health Protection and Promotion Act, Milk Act and Farm Products Marketing Act if the proportion of vendors selling their own farm products is less than 50% of the total vendor count in high season. No food can be prepared in vendor’s homes. All food must be prepared in an inspected facility or inspected stand on the Market.  Inspected facilities can include kitchens in restaurants, community or shared commercial kitchens, community centres and churches. Vendors can usually rent these facilities at reasonable rates. Health units can confirm which facilities in your community have been inspected.

7. What foods cannot be sold at a farmers’ market?

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

8. What foods can you prepare at home to sell at a farmers’ market?

Potentially hazardous and non-hazardous foods can be prepared at home if they are being made and sold by the vendor at a market that is exempt from the requirements of the Food Premises Regulation. Potentially hazardous foods must be properly handled, stored, prepared and transported in order to be sold on the market. It is a good practice to have all prepared food approved by a Public Health Inspector.

9. What is the market manager/organizer’s responsibility for food safety?

  • Have a general understanding of the applicable legislation (Ontario Food Premise Regulation and the Health Protection and Promotion Act).
  • Contact the farmers’ market you wish to attend to confirm if there is space and what the application process is. The market manager/organizer coordinates and approves the vendor spaces, not the Health Unit.
  • Undergo a risk assessment by a public health inspector prior to becoming eligible for a market stand.
  • Provide a copy of a satisfactory public health unit inspection report to the market manager/organizer as applicable.
  • Ensure that products and practices meet legislative requirements.
  • Consider organizing a food handler training program, in co-operation with your local public health unit, for your vendors.

10. What is a market vendor’s responsibility for food safety?

  • Have a general understanding of the applicable legislation (Ontario Food Premise Regulation and the Health Protection and Promotion Act).
  • Contact the farmers’ market you wish to attend to confirm if there is space and what the application process is. The market manager/organizer coordinates and approves the vendor spaces, not the Health Unit.
  • Undergo a risk assessment by a public health inspector prior to becoming eligible for a market stand.
  • Provide a copy of a satisfactory public health unit inspection report to the market manager/organizer as applicable.
  • Ensure that products and practices meet legislative requirements.
  • Consider taking the food handler training program from the local public health unit.

11. What is the public health inspector’s role with farmers’ markets?

  • Consult with market manager/organizer and food vendors to discuss any food safety questions or concerns.
  • Educate the market manager/organizer and food vendors on safe food handling and food safety concerns at farmers’ markets.
  • Work with the market manager/organizer in the determination of whether the market is exempt or non-exempt from the Ontario Food Premise Regulation.
  • For exempt farmers’ markets: assess the market to ensure there are no health hazards as outlined in the Health Protection and Promotion Act.
  • For non-exempt farmers’ markets: inspect the market for compliance with the Ontario Food Premises Regulation.
  • Review market vendor applications and operations completing an inspection report.
  • Work with the market manager/organizer and food vendors to correct any non-compliance issues.

12. More information for your reference