Selling food at farmers markets in Ontario and BC: vendor rules, health approval and common mistakes

Farmers markets are one of the cheapest ways for a food business to meet customers. A table, a tent and a cooler can be enough for a producer to start. But selling food to the public is regulated, even outdoors, and the rules depend on what you sell and who you are. Know the Ontario rules and the questions to ask in British Columbia. Local public health units and health authorities have the final word.

How does Ontario treat farmers markets?

Farmers' Markets Ontario explains that a market can be exempt from the Food Premises Regulation (O. Reg. 493/17) when more than half of its vendors are farm producers selling their own products. That exemption is for the market, and it does not remove food safety duties. A market that cannot show that most vendors are producers selling their own goods falls under the regulation, and most food vendors at special events are not exempt.

The practical result: whether you need your own approval depends on the market's status and on what you sell.

What do Ontario health units ask of vendors?

Health unit pages describe common expectations:

• Risk assessment. Vendors are expected to be assessed by a public health inspector before they get a stall. Some health units ask for a copy of a satisfactory inspection report.
• Prepared food. Ask your public health unit or health authority what it requires for food prepared for sale, such as baked goods with fillings, sauces and ready-to-eat items. Some vendors rent an inspected commercial kitchen.
• Safe temperatures. Hazardous foods must be kept cold, at 4 degrees Celsius or colder, during transport and sale, and hot foods kept hot.
• Handwashing. You need a way to wash your hands at the stall.
• Products that cannot be sold. Ungraded eggs and unpasteurized dairy products cannot be sold at markets.
• Notification. Market managers may need to register with the health unit before the season, with a vendor list, in some regions at least six weeks in advance.

The market manager coordinates vendor spaces. The health unit enforces the rules. Both will ask for different things, so talk to both.

What about British Columbia?

In British Columbia, food safety is regulated by the regional health authorities: Vancouver Coastal Health, Fraser Health, Island Health, Interior Health and Northern Health. A vendor who sells food at a market should contact the health authority where the market is held and ask what applies to their products. Questions to ask include:

• Do I need a permit, a temporary food market permit or approval for a kitchen?
• Can I make this food at home, or does it need a commercial kitchen?
• What temperature, packaging and labelling rules apply?
• Do I need food safety certification? FOODSAFE is the common one.
• Are there rules on what I can sell, such as eggs, dairy, meat, fish or canned goods?

The BC Association of Farmers' Markets and individual market managers also publish vendor guidance. Do not assume that rules for a home baker in another province apply to you.

What do you need besides food safety?

• Market application and fees. Each market has its own vendor application, stall fee and rules on who can sell.
• Insurance. Many markets ask for liability insurance.
• A business licence, where the municipality requires one.
• Sales tax registration, if you sell taxable goods and your sales exceed the small supplier limit or you register voluntarily. Many basic groceries are zero-rated, while prepared food is taxable. Ask your accountant.
• Labels. Packaged foods have labelling rules, including allergens.
• Payment. A card reader and some cash for change.

How do you prepare for your first market?

1. Visit the market as a customer, and note what sells.
2. Talk to the manager about the application, the rules and the health approval.
3. Contact the health unit or authority and ask what you need for your product.
4. Set up a cold chain: coolers, ice packs and thermometers.
5. Practise your setup at home, from loading to handwashing.
6. Price your product to cover ingredients, labour, fees and your time.

What mistakes should you avoid?

• Assuming an outdoor stall means no rules.
• Selling food made in a home kitchen that has not been approved.
• Letting products warm up in a car.
• Skipping insurance.
• Not labelling allergens.

When is a market the wrong choice?

If your food needs a kitchen you do not have, or the approval takes longer than the season, consider starting with products that are simpler to approve, or rent time in a shared commercial kitchen.

More guides for your business:

• Starting a catering business in Ontario or BC: kitchen approval, permits and insurance
• Closing for the off-season: temporary layoff rules for restaurants in BC and Ontario
• How to get more customers for an Ottawa restaurant: the ByWard Market, Winterlude and the office week

More in the Canadian guides for food businesses.