Regulatory requirements for produce in Ontario

Ontario Regulation 119/11

OMAFRA enforces Ontario Regulation 119/11 - Produce, Honey and Maple Products (O. Reg. 119/11), which is a provincial regulation under the Food Safety and Quality Act, 2001.

This regulation outlines various requirements for produce in Ontario, including:

• food safety
• packaging
• labelling
• advertising

You must comply with this regulation if you package, label, transport, sell or advertise produce for sale in Ontario and you are not federally licensed by the Canadian Food Inspection Agency (CFIA) for that activity.

The advertising and retail display sign requirements in this regulation apply to any produce that can be commercially grown in Canada, regardless of where it was produced or packaged. 

The regulation does not require you to register with the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) or to obtain a license or permit from OMAFRA to grow and/or sell produce.

For complete details, refer directly to O. Reg. 119/11 and the appropriate regulatory authorities.

Definition of “produce”

Produce includes the following commodities that are grown or harvested for commercial purposes:

• fresh fruits and vegetables (including microgreens)
• sprouted seeds
• culinary herbs
• in-shell nuts (including peanuts)
• edible mushrooms (fungi)

O. Reg. 119/11 does not apply to processed produce (meaning produce that is preserved, cooked or canned) or minimally processed produce (meaning produce that is peeled, cut, sliced or shredded to be sold as ready-to-eat or ready-to-cook).

Examples of processed and minimally processed produce include:

• canned or frozen fruits and vegetables
• salsa mixes
• pickled vegetables
• dehydrated produce
• chopped lettuce
• shredded cabbage, etc.

If you produce minimally processed and/or processed produce, we advise you to contact your local Public Health Unit and the CFIA for labelling and other regulatory requirements for these products.

Food safety requirements

Any produce that is contaminated cannot be:

• packed
• transported
• sold
• harvested for human consumption

Examples of contamination include the presence of:

• microbial hazards such as Salmonella or verocytotoxigenic E. coli
• chemical hazards, such as pesticide residues at levels higher than the limits set by the federal government
• ionizing radiation at levels higher than the limits set by the federal government
• physical hazards, such as glass shards

Refer to Section 4 of the regulation for more information about this requirement.

OMAFRA administers a Food Safety Monitoring Program involving the random collection of produce from various locations across the province. These samples undergo microbial and/or chemical analysis to help assess the safety of these products and identify potential contamination. Refer to Food Safety Monitoring Program and results for more information about this program.

Packaging and labelling requirements

Packaging

A produce package is a bag or receptacle of any size that is either:

• used to sell produce to a consumer without repackaging
• used to sell produce from bulk displays

A package may also include boxes, bins, wrappers or confining bands that contain the produce. A package does not refer to foil wrap or transparent film on individual units of produce or potatoes.

You may pack produce in any package that is suitable for that produce. Examples of common produce packaging include:

• foam trays
• mesh bags
• baskets

Refer to Section 16 of the regulation for packaging requirements.

Labelling

All packages and master containers of produce must include a label. A master container is a container that holds multiple packages of produce.

A label may be imprinted, stamped, or affixed to the package or master container. If the produce is packaged with a wrapper or confining band, then the label may be a ticket, tag or other item affixed to that package.

Produce labels must include:

1. The name and full address of the packer or the retailer, producer or person on whose behalf the produce is packed. (Note: a full address must include sufficient information to identify the exact physical location of the relevant premises.)

   This typically includes all of the following:

   • street address
   • town/city
   • province
   • postal code

2. The country or Canadian province where the produce was grown or harvested, using one of the following statements:
   • "Product of/Produit de"
   • “Produce of/Produit de"
   • “Grown in/Cultivé dans"
   • "Country of Origin/Pays d'origine"

   Followed by the name of the applicable country or Canadian province.

   Produce grown or harvested in Canada may also use the words "Province of Origin/Province d'origine" followed by the applicable Canadian province.

3. If the produce is not readily visible and identifiable, the label must include the common name of the produce.
4. For peppers, labels must also include the words "sweet/doux" or "hot/forts", as appropriate.
5. For yellow fleshed potatoes, labels must also include either:
   • the words "yellow fleshed/à chair jaune", if the word "potatoes" or "pommes de terre" appears elsewhere on the package or master container
   • the words "yellow fleshed potatoes/pommes de terre à chair jaune", if the word "potatoes" or "pommes de terre" does not appear elsewhere on the package or master container

The print size on labels must meet the federal requirements under the Safe Food for Canadians Regulations.

Re-used packages and master containers

If you re-use any packages or master containers for produce, you must completely remove the previous labels and/or label information that does not meet these requirements and replace it with complete and correct information that meets the above requirements.

Labelling exceptions

The regulation includes several exceptions to the labelling requirements outlined above.

Packages of raspberries and strawberries do not require a label if it was packaged in the field in packages of 1.14 litres or less. Master containers of raspberries and strawberries must continue to meet the labelling requirements outlined above.

Produce does not require a label if it is packaged in a wrapper or confining band that is less than half an inch wide.

A master container does not require a label if the packages of produce inside the master container have labels with all required information, and these labels are clearly discernable when inside the master container.

Packages of produce that are filled by consumers from a bulk display do not require a label.

The packaging and labelling requirements above do not apply to produce that is intended to be processed, minimally processed, or used to manufacture other foods.

Refer directly to Sections 19 and 20 of the regulation for complete labelling requirements.

Advertising and retail display sign requirements

The regulation’s advertising and retail display sign requirements apply to any produce that can be commercially grown in Canada, including produce that is imported into Ontario and produce that is packed or prepared by federally licensed establishments.

Produce retailers may include additional information on their advertisements or retail display signs beyond the requirements outlined below, provided the information is correct, not misleading and complies with any applicable local or federal requirements.

Advertising

O. Reg. 119/11 requires that any advertisement for produce, written or otherwise, must include:

1. The country or Canadian province where the produce was grown or harvested, using one of the following statements:
   • "Product of"
   • "Produce of"
   • "Grown in"
   • "Country of Origin"

   followed by the name of the country or Canadian province.

2. If the produce is packaged, the net quantity of the produce (in metric).

Refer to Section 23 of the regulation for more information about advertising requirements.

Retail Display Signs

Any produce offered for retail sale in Ontario must have a retail display sign on or directly over the produce display(s). 

Examples of retail areas that require retail display signs include:

• retail stores
• farm gate stands
• roadside stands
• seasonal market stores
• stalls at farmers’ markets

Retail display signs must include:

1. The country or Canadian province where the produce was grown or harvested, using one of the following statements:
   • "Product of"
   • "Produce of"
   • "Grown in"
   • “Country of Origin"

   followed by the name of the applicable country or province.

2. For peppers, the word "sweet" or "hot" as appropriate.
3. If the produce is sold by weight, the price per unit of weight in metric.

Retail display signs must be readily discernable (easy to read and without visual obstructions) and the sign's font size must be reasonably proportioned to the size of the sign.

With permission from Foodland Ontario, you may include the Foodland Ontario logo your retail display signs and other marketing materials for Ontario produce. The Foodland Ontario logo may be used in addition to the required information described above, but it cannot be used alone to satisfy the country/province of origin requirement on retail display signs or other advertisements.

Refer to Foodland Ontario for conditions/requirements or to apply to use this logo.

Figures 1 and 2 below are examples of retail display signs.

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Figure 1. Example of a retail display sign for strawberries. The sign includes the country or province of origin as required. Additional information is permitted if it is correct and not misleading.

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Figure 2. Example retail display sign for hot peppers. The sign includes the country of origin, the word "Hot" (or "sweet", as appropriate), and the price per unit weight in metric as required.

Refer to Section 24 for more information about retail display sign requirements.

Retail Display Sign Resources

OMAFRA has a limited number of printed resources available, including tip cards and pre-printed retail display signs, to help produce vendors and retailers comply with the retail display sign requirements. Market and retail managers are encouraged to contact the Inspection Programs Unit at fpo.omafra@ontario.ca for more information about these resources.

Misrepresentation

Misrepresentation refers to any false or misleading information on a package, label, master container, advertisement or retail display sign for produce.

The regulation prohibits the misrepresentation of produce. This includes misrepresenting the:

• name or address of the packer or person on whose behalf the produce is packed
• amount of produce in a package
• place where the produce was grown or harvested

Misrepresentation could result in fines under the Provincial Offences Act.

Refer directly to Section 25 of the regulation for more information about misrepresentation.

Progressive compliance

Failing to comply with O. Reg. 119/11 could result in compliance action by the ministry.

Ministry staff take progressive steps to ensure products comply with the regulation. These steps may include:

educating and advising clients

issuing verbal or written warnings

issuing compliance orders

seizing the product

detaining the product

issuing monetary penalties under the Provincial Offences Act.

Staff assess various factors, including the risk associated with the nature of the non-compliance and the client's compliance history, to determine the most appropriate compliance tool(s) to use.

Depending on the nature of the non-compliance, the ministry may also notify other regulatory authorities such as the CFIA or the Ministry of Health.

Federal requirements

The CFIA enforces legislation related to food safety, labelling, and other requirements at the federal level. Federal legislation includes the Food and Drugs Act and the Safe Food for Canadians Act.  We advise you to refer to the CFIA directly for any federal requirements that may apply to you in addition to the provincial requirements outlined above.

Public Health Units

Ontario's Public Health Units enforce requirements under Ontario Regulation 493/17 - Food Premises of the Health Protection and Promotion Act. If you operate a food premises, which includes manufacturing, processing, preparing, storing, handling, displaying, distributing, transporting, selling or offering food for sale, we advise you to contact your local health unit directly to determine any requirements that may apply to you under this regulation.

Other requirements and resources

OMAFRA staff can provide food safety, packaging and labeling advice related to O. Reg. 119/11, as well as technical guidance for operators of processing and minimal processing facilities. Please contact the Inspection Programs Unit at fpo.omafra@ontario.ca for more information.

Food producers must also follow any applicable local or municipal by-laws that may apply to them or their business.

We advise you to consult directly with the market or retail store where you plan to sell their produce for any additional policies, requirements or guidelines that may apply.

There are numerous resources available on OMAFRA's website, including food safety resources and information for starting a food business. You can contact the ministry's Agricultural Information Contact Centre for more information about starting a food business and the associated requirements.

Contact us

Please contact the Inspection Programs Unit by email at fpo.omafra@ontario.ca or call 1-877-424-1300 for more information about Ontario Regulation 119/11.