Food premises

Requirements for opening and operating a food premises in Niagara, including permits, inspections and compliance information for restaurants, bars, cafés and other food businesses.

A clipboard with a list of tasks, and a magnifying glasss

Inspected regularly by Public Health

An award medal with a ribbon

At least one certified food handler required on-site

Warning sign

Multiple permits required before opening

Before you open

Food premises owners and operators must obtain all necessary permits before opening or starting renovations. You must notify Niagara Region Public Health before beginning operation, and contact each of the following agencies as applicable to your business.

Agency Purpose
Niagara Region Public Health

Required before starting operation of any food premises. Contact Environmental Health.

If serving alcohol, request a health inspection as part of the process to get a liquor licence.

City or town offices Contact your local by-law, licensing and zoning department, building department and fire prevention services.
Alcohol and Gaming Commission of Ontario Required if your premises will serve alcohol.
Canadian Food Inspection Agency For labelling requirements and sale of foods across provincial or national borders.
Ontario Ministry of Agriculture, Food and Agribusiness For production and sale of farm products such as honey, maple syrup and meat processing.

New or renovating your business?

A consultation with Public Health before you open can save you time and money by identifying issues early. Find out what to expect and request a consultation.

Requirements

Food premises owners and operators must follow the Ontario Health Protection and Promotion Act, Ontario Regulation 493/17 — Food Premises, and the Smoke-Free Ontario Act.

Select a topic to learn about the requirements under Ontario Regulation 493/17.

Multi-service articles (containers and utensils meant for repeated use in food service) must be cleaned and sanitized after each use.

Other utensils must be cleaned and sanitized as often as needed to keep them sanitary.

Surfaces of equipment and facilities that do not come into contact with food must also be cleaned and sanitized as often as needed to stay sanitary.

Utensils must be cleaned and sanitized using one of the following methods:

Mechanical dishwasher

  • Must have thermometers showing wash and rinse temperatures
  • Wash water must be clean and kept at 60-71°C
  • The sanitizing rinse must be either 82°C or higher for at least 10 seconds, or one of the following chemical solutions at 24°C for at least 45 seconds: 100 ppm chlorine, 200 ppm quaternary ammonium compound, or 25 ppm iodine

Three-compartment sink

Each sink compartment must be large enough for thorough cleaning and sanitizing. Follow this process:

  • First sink: wash with soap and water
  • Second sink: rinse with clean water
  • Third sink: sanitize for at least 45 seconds using clean water at 77°C, 100 ppm chlorine at 24°C, 200 ppm quaternary ammonium compound at 24°C, or 25 ppm iodine at 24°C

Two-compartment sink

Each sink compartment must be large enough for thorough cleaning and sanitizing. Follow this process:

  • First sink: wash with soap and water, then rinse with running water in the same sink
  • Second sink: sanitize for at least 45 seconds using clean water at 77°C, 100 ppm chlorine at 24°C, 200 ppm quaternary ammonium compound at 24°C, or 25 ppm iodine at 24°C

Note: reusable containers and utensils used in the sale or service of food cannot be sanitized using the two-compartment method.

Low-risk food premises: Premises that prepare and serve only low-risk or pre-packaged food items are exempt from specific dishwashing equipment requirements, but must still follow cleaning and sanitizing regulations for utensils and multi-service articles.

Foods must be protected from contamination and tampering and obtained from inspected sources. Food purchasing records must be retained on the premises for at least one year.

Home-based food premises: If a home kitchen is used for both personal and business purposes, all food in the kitchen is subject to inspection. It is strongly recommended that personal food be stored separately from food used for business purposes — for example, in different fridges, freezers and storage cupboards.

Equipment, utensils and multi-service articles must be:

  • Well-built and sturdy
  • Easy to clean and sanitize
  • Kept in good repair
  • Suitable for their intended use

Equipment and utensils that come into direct contact with food must also be corrosion-resistant, non-toxic and free from cracks, crevices and open seams.

Food handlers must:

  • Be clean and practice good personal hygiene
  • Wear clean outer garments
  • Take reasonable precautions to ensure food is not contaminated by hair

At least one certified food handler or supervisor must be on the premises during all operating hours.

Low-risk food premises: Food premises that prepare and serve only low-risk or pre-packaged food items are not required to have certified food handler training.

Learn about food handler certification in Niagara.

Food storage racks, shelves or pallets must protect food from contamination and be easily cleanable.

Potentially hazardous foods must be stored at an internal temperature of 4°C or lower, or 60°C or higher.

Adequate refrigerated space must be available for the safe storage of potentially hazardous food. Equipment used for refrigeration or hot-holding must:

  • Be of sufficient size to maintain proper temperatures
  • Have accurate, easily readable thermometers

Frozen food must be stored in a frozen state.

Animals

Rooms used for food handling, preparation, processing, packaging, service, display or sale must be kept free of live animals and birds. Service animals are permitted under Ontario Regulation 191/11.

For home-based food premises, pets are not permitted in any part of a home used as a food premises. If a home kitchen is used for both personal and business purposes, pets must be kept out of the kitchen at all times.

Lighting and ventilation

Required lighting levels under the Ontario Building Code must be maintained during operating hours. Ventilation systems must be maintained to remove odours, fumes, vapours, smoke and excessive heat.

Operation and maintenance

  • Flooring must be tight, smooth and non-absorbent
  • Carpeting may be used in food service areas if kept clean and sanitary
  • Floors, walls and ceilings must be kept clean and in good repair
  • Rooms must be maintained in a sanitary condition and kept free of equipment and materials not regularly used in the room

Furniture and equipment arrangement

Equipment, appliances and furniture must be constructed and arranged to allow for thorough cleaning and to maintain the room in a clean and sanitary condition.

Storage of substances

Toxic or poisonous substances must be properly labelled and kept in a compartment separate from food.

Pest control

Food premises must be protected against pests and conditions that lead to their breeding or harbouring. Records of all pest control measures must be kept for at least one year.

Garbage and waste

Garbage and waste, including liquid waste, must be removed as often as necessary to maintain the premises in a sanitary condition.

An adequate number of handwashing stations must be provided, maintained, kept supplied and easy for food handlers to access. Each station must have:

  • Hot and cold running water under pressure
  • Soap in a dispenser
  • Single-use towels

Handwashing stations are for handwashing only and must not be used for other purposes.

Low-risk food premises: Food premises that prepare and serve only low-risk or pre-packaged food items do not need separate handwashing stations. Sinks must still be available for handwashing but can be used for other purposes as long as they are kept clean and sanitary. Low-risk items include most baked goods without meat or cream filling, hard candies, granola, nuts, seeds, coffee, tea, and fruit jams and preserves.

  • Separate holding tanks must be provided for potable water and wastewater, each with a readable gauge
  • Single-use (disposable) articles must be used for food service

The following are not permitted in enclosed public places or workplaces:

  • Smoking or holding lighted tobacco
  • Smoking or holding lighted cannabis
  • Use of electronic cigarettes (vaping)

Waterpipe smoking is not permitted in enclosed public places, workplaces or on patios.

Refer to By-law 2022-35 Water Pipe Smoking (PDF) for waterpipe rules and the Smoke-Free Ontario Act for full provincial requirements.

Sanitary facilities must:

  • Be maintained according to the Ontario Building Code
  • Not be altered without written approval from a public health inspector
  • Be properly equipped, kept sanitary and in good repair

Each washroom must be equipped with hot and cold running water, soap, single-use towels or a hand dryer, toilet paper, and a garbage can.

A supply of potable (clean, drinkable) water must be provided for the operation of the premises.

Premises with a private (non-municipal) water supply must submit water samples for testing at least once each season.

Hot and cold running water under pressure must be provided in areas where food is processed, prepared or manufactured, or where utensils are cleaned.

Special food safety guidance

Some foods require additional handling and preparation steps beyond standard food premises requirements. The following guidance covers specific products and event types that carry elevated food safety risks.

Kombucha is a fermented tea product that carries food safety risks if not prepared and handled correctly. As with other fermented products, trace amounts of alcohol and carbon dioxide can build up, particularly after bottling. The following practices apply to any food premise preparing kombucha for consumers.

Safe preparation

  • Steep tea in water hotter than 74°C to eliminate vegetative pathogens
  • Use only clean, sanitized equipment and utensils
  • Start with a commercially purchased culture on first use; only reuse cultures from kombucha showing no signs of mould or unusual contamination
  • Discard all kombucha showing signs of mould — do not reuse as inoculum
  • Maintain kombucha pH between 2.5 and 4.2; discard or do not serve product outside this range

Controlling acidity and alcohol content

After bottling, yeast can continue producing carbon dioxide and alcohol in the absence of oxygen. Choose one of the following methods to manage this risk:

  • Pasteurization: Heat kombucha to 82°C and bottle immediately. Invert the bottle for 30 seconds, then hold upright for another 30 seconds and allow to cool. Pasteurized kombucha with a pH of 4.2 or lower is shelf stable.
  • Refrigeration with preservatives: Add 0.1 per cent sodium benzoate and 0.1 per cent potassium sorbate to kombucha with a pH of 4.2 or lower. Keep refrigerated. Determine shelf life based on eventual yeast growth and gas production.
  • Refrigeration only: Keep refrigerated throughout. Determine shelf life based on eventual yeast growth, carbon dioxide, and alcohol production.

Documentation and consumer communication

  • Write standard operating procedures for pH measurement and calibration, and maintain a pH log
  • Provide employees with detailed process instructions for preparing kombucha safely
  • Notify consumers that no more than 118 mL per day is recommended, that the product is not suitable for immunocompromised individuals, and that trace amounts of alcohol may be present
  • Do not make health claims in marketing or labelling

Adapted from: Nummer B.A. (2013). Kombucha Brewing Under the Food and Drug Administration Model Food Code: Risk Analysis and Processing Guidance. Journal of Environmental Health, 76(4): 8–11.

Donairs, shawarmas, gyros, and similar vertical-broiler products carry a higher-than-average risk of foodborne illness. The cooking process heats the outer surface of the cone while the centre may remain raw or partially cooked throughout the day. Slicing through contaminated layers, or improperly cooling and reheating leftover cones, can spread harmful bacteria, including E. coli. There have been at least 50 associated cases in Canada since 2004.

Sourcing and storage

  • All meat must be obtained from approved sources
  • Frozen meat cones must go directly into the freezer on arrival and remain frozen until cooking begins

Cooking and slicing

  • Once the cooking process starts, it must continue without interruption — the broiler unit must remain on at all times
  • Only slice the outer cooked layer (approximately 0.85 cm / 0.25 inch) using a clean, sanitized knife
  • All sliced meat must undergo a secondary cooking step on a grill or in an oven until it reaches an internal temperature of 74°C (165°F)

After secondary cooking

Cooked meat must immediately be:

  • Served right away, or
  • Held in a hot holding unit at 60°C or higher, or
  • Cooled quickly to 4°C or colder in a cold holding unit

Meat cooled to 4°C must be reheated to 74°C before serving.

End-of-day handling

Partially cooked cones cannot be kept for future use. At the end of service, operators must choose one of the following:

  • Discard all remaining uncooked or partially cooked meat
  • Continue the cooking and slicing process on the broiler until the entire cone is sliced, applying a secondary cooking step before serving
  • Fully cook the remaining cone to an internal temperature of 74°C on the broiler or by another available method (oven, grill), verify with a probe thermometer, then slice and cool as described

Based on the BC Centre for Disease Control "Guideline for the safe preparation and serving of donairs, shawarmas and similar products," 2012.

A food premise may have uninspected meat on site — obtained through hunting, trapping or fishing — for the sole purpose of serving it at a wild game dinner, provided the event meets all requirements. Wild game events are also subject to the Health Protection and Promotion Act, 1990 (O. Reg. 562 – Food Premises) and the Fish and Wildlife Conservation Act, 1997 (O. Reg. 665 – Hunting).

Eligibility requirements

  • All meats must be lawfully obtained under a valid hunting, trapping or fishing licence and donated for use at that event
  • The event must be hosted for a charitable purpose, with all profits directed to that charitable purpose

Notice and record-keeping

  • Submit a special events request to provide written notice to Niagara Region Public Health at least five days before the event
  • Keep a list of all patrons who attend, including full name, address and phone number
  • Keep a list of all persons who donate uninspected meat, including full name, address, phone number and the species donated
  • Retain all event records for one year; make them available to the Conservation Authority or Niagara Region Public Health on request

Consumer notification

The public must be notified in writing that the meat served is uninspected and has not been inspected under Ontario Regulation 31/05 (Meat) or the federal Meat Inspection Act. This notice must appear:

  • Clearly printed on each ticket issued to patrons, and
  • Posted in a conspicuous place at the venue entrance

Food handling

  • Uninspected meat must be stored, handled and prepared so it does not come into contact with other food before that food is served
  • All utensils, equipment and food contact surfaces used with uninspected meat must be washed and sanitized in accordance with Ontario Food Premises Regulation 562

Inspections

Niagara Region Public Health inspects food premises regularly to ensure they are meeting provincial requirements. Inspection results are available online.

Download the Food Service Premises Operator Information Guide (PDF) to learn how you can maintain safe and sanitary establishments.

Have a question?

Contact Environmental Health