Opening a Food Premises

Food premises may be able to operate in a home-based setting. Home based operations are required to be inspected and follow all applicable requirements in the Ontario Food Premises Regulation (O. Reg. 493).

Home based food premises cannot be in a room or part of a room used as a dwelling. For clarity, personal kitchens may not be used as a food premises. Note that it is not permitted to use screens, curtains, etc. to partition part of a room used as a dwelling.

In home-based food premises, animals are not permitted in the room(s) that is being used for the food premises, unless an applicable exemption applies (e.g., a service animal). Note that pets are permitted in the parts of the home that are not considered a part of the food premises.  

Home-based food premises must contact their local municipality and inform the municipality of their intention to operate. Some municipalities require business licenses in order to operate and others may not permit home-based operation. Your area Public Health Inspector will ensure that you have completed this step prior to the pre-opening inspection.

Premises that prepare only low risk or pre-packaged or a combination of low risk and pre-packaged foods are exempt from certain requirements in the regulation. This includes: 

• Having a dedicated hand wash sink 
• Having a mechanical dishwasher or three compartment sink 
• Having a Certified Food Handler on site 

 Please note that:

• If there is any food handling at the premises, there must still be a conveniently located sink in the kitchen area for food handlers to wash their hands. The sink does not need to be dedicated for hand washing only but must be available at all times.  
• If reusable dishes are used at the premises, there must still be a means of washing and sanitizing dishes.
  • If using a mechanical dishwasher, it must be in compliance with section 20 of the Ontario Food Premises Regulation (O. Reg. 493).
  • If using a manual dishwashing method for kitchen utensils there must be at least a 2-compartment sink.   
  • If using a manual dishwashing method for multi-service articles (e.g., cutlery, cups, plates, bowls which people use to eat from) there must be at least a 3-compartment sink.
• Food Handler Certification is not mandatory but is always encouraged.

Mobile food premises can include a trailer, cart or vehicle-mounted food premise. In addition to the below requirements, mobile food premises must also meet all other applicable requirements within the food premises regulation:

• Food must be prepared within the trailer, cart or vehicle, and served by persons working within the premises.
• Only single-service articles shall be used to serve the food (i.e., must use single use disposable plates, cutlery, and cups only).
• There must be separate holding tanks for potable water and wastewater.
• All waste tanks and water supply tanks must be equipped with an easily readable gauge for determining the waste or water level in the tank.

For more information and guidelines on operating mobile food premises please refer to our New Food Premises Checklist and the Ontario Food Premises Regulation (O. Reg. 493) and Food Premises Reference Document from Health Canada.

Religious organizations, service clubs and fraternal organizations:

Religious organizations, service clubs and fraternal organizations that prepare food for special events or conduct bake sales are exempt from complying with the Ontario Food Premises Regulation (O. Reg. 493). Exempt organizations are required to post a sign in a prominent location stating the premises is not inspected by public health.

Exempt organizations are still required to submit notice when hosting a special event. See Special Events webpage for more information.  

Farmers Markets:

Farmers market food vendors are exempt from Ontario Food Premises Regulation (O. Reg. 493) if they are operating at an exempt Farm Market (>50% of vendors selling their farm products). Vendors operating at a "flea market" are not exempt from the regulation.

Exempt Farmers Markets and Farmers Market Vendors are still required to submit a notification form. See Markets webpage for more information.  

Boarding Houses:

Boarding houses that provides meals to fewer then 10 boarders are exempt from Ontario Food Premises Regulation (O. Reg. 493).