ONTARIO REGULATION 98/14
made under the
LIQUOR LICENCE ACT
Made: March 26, 2014
Filed: April 3, 2014
Published on e-Laws: April 4, 2014
Printed in The Ontario Gazette: April 19, 2014
Amending Reg. 720 of R.R.O. 1990
1. Regulation 720 of the Revised Regulations of Ontario, 1990 is amended by adding the following section:
3.2 (1) In this section,
“farmers’ market” means a central location at which a group of persons who operate stalls or other food premises meet to sell or offer for sale to consumers products that include, without being restricted to, farm products, baked goods and preserved foods, and at which a substantial number of the persons operating the stalls or other food premises are producers of farm products who are primarily selling or offering for sale their own products;
“production site” means property that is used by a manufacturer primarily for the alcoholic fermentation and production of Ontario wine;
“Vintners Quality Alliance wine” (VQA wine) has the same meaning as in the Vintners Quality Alliance Act, 1999.
(2) If the holder of a manufacturer’s licence manufactures VQA wine and if the Registrar, under clause 3 (1) (e) of the Liquor Control Act, authorizes the manufacturer to sell the wine at an occasional extension of a winery retail store that the manufacturer owns and operates at its production site, where the extension is within a farmers’ market, the manufacturer’s licence is subject to the following conditions:
1. The manufacturer shall comply with any authorization of the Registrar relating to the store.
2. The municipality, if any, in which the farmers’ market is located has not advised the Registrar in writing that it objects to the sale.
3. The manufacturer shall provide the Registrar with notice of the location and dates of the intended sales in advance.
4. The manufacturer shall ensure that its VQA wine offered for sale at the farmers’ market is transported from the manufacturer’s store to the farmers’ market each day and any unsold product is returned to the manufacturer’s store by the end of the day.
5. The manufacturer shall ensure that any sampling that it conducts in conjunction with the sale is conducted in accordance with the guidelines on sampling set out in the document entitled “Sampling Guidelines for Liquor Manufacturers”, dated July 2012, published by the Registrar and available through the website of the Alcohol and Gaming Commission of Ontario.
6. The manufacturer shall ensure that any person involved in the sale or sampling of liquor holds a certificate demonstrating the successful completion of a server training course approved by the Board.
(3) The document incorporated by reference under paragraph 5 of subsection (2) includes amendments made to the document from time to time after Ontario Regulation 98/14 is made.
(4) Nothing in this section authorizes the establishment or operation of farmers’ markets at which all or a substantial number of the products sold or offered for sale are VQA wines.
2. This Regulation comes into force on the later of May 1, 2014 and the day it is filed.