Opening a Food Premises

Woman hanging an open sign in restaurant window

Planning on opening a new food premises?

Prior to contacting Southwestern Public Health, you must review information in the New Food Premises Checklist. Once this is completed you may contact SWPH to speak with a Public Health Inspector.

Notice of intent to operate a food premises

The Ontario Food Premises Regulation (O. Reg. 493) requires anyone who plans to operate a food premises in Elgin County, Oxford County, and the City of St. Thomas to notify Southwestern Public Health (SWPH) at least 14 days prior to opening. This can be done by completing a Notice of Intent to Operate a Food Premises Form.

Notice of Intent to Operate a Food Premises Form

Is your property suitable as a food premises?

Food that is sold or served to the public must be prepared in an approved facility. If you are planning to open a new food establishment or purchasing an existing one, there are several factors you should consider. The New Food Premises Checklist will help you determine if a building is suitable for your business.

Are you planning to sell food in our region? Watch this video to learn the rules for selling prepared foods.

Home Based 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 PHI will ensure that you have completed this step prior to the pre-opening inspection.

Preparing ONLY Low Risk or Prepackaged Foods

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:

Food premises must still have 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.
Food premises must still have 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.

Creating a food safety management plan

SWPH has developed a Food Safety Management Plan as a reference tool to help owners and operators of food premises. These plans will assist the operator to ensure that all steps are taken to prevent foodborne illness from developing in their premises. It is the responsibility of all operators to evaluate the plan to ensure it is being used properly and is effective.

Mobile food premises

Mobile food premises can include a trailer, cart or vehicle-mounted food premise. For more information and guidelines on operating mobile food premises please refer to the Ontario Food Premises Regulation (O. Reg. 493) and Food Premises Reference Document from Health Canada.

Food safety signage and resources

The following signs are available to download and use as educational material in food premises:

For more information, visit safe food handling information and resources from Health Canada.

Special Foods

Raw Milk

Raw milk means milk that has not been pasteurized. The purpose of pasteurizing milk is to kill disease causing bacteria that may be present in raw milk by heating it to a very high temperature. If the milk is not pasteurized it can create the ideal environment to promote the growth of harmful bacteria. These harmful bacteria in raw milk can cause illness to anyone who drinks it.

In Ontario, it is illegal to sell, offer for sale, deliver, or distribute unpasteurized (raw) milk and milk products. For more information, please refer to the following resources:

Ungraded Eggs

In Ontario it is illegal to store, handle, serve, process, prepare, display, distribute, transport, offer for sale or sell ungraded or Grade “C” eggs. For more information, please refer to the following resources:

Canning Foods - to be sold to the General Public

Food premises and farmers markets which are not exempt from the Ontario Food Premises Regulation 493/17 are required to make/prepare canned foods in an inspected facility. All facilities are expected to produce canned food in a manner to prevent potential health hazards.

Failure to take proper precautions in the preparation of canned foods can cause botulism (a deadly form of food poisoning caused by the Clostridium botulinum (C. botulinum) bacteria) or cause other food borne illnesses.

See resources below for more information on safe canning.

Food premises inspection exemptions

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 Farmers Markets and Special Events Forms.

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 Farmers Markets and Special Events Forms.

Boarding Houses:

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