Selling maple syrup in New Brunswick

The Food Premises Regulation (N.B. Reg. 2009-138 under the Public Health Act) requires a licence for food premises, and the Department of Health's guidance for farmers says Class 5 — "premises where food is processed for direct sale or wholesale" — "also includes maple syrup producers." The standard Class 5 fee is $350, but the regulation sets the fee for "a licence to operate a Class 5 food premises for the purposes of producing only maple syrup products" at $50 (s. 7(2)(c)); licences expire March 31 each year (s. 12). Applications go through Service New Brunswick. The exemption: the regulation doesn't apply to "a kitchen in a private home where meals or foods are prepared for ... sale at a public market" (s. 3(1)(a)(iii)), and the Department of Health adds that public market vendors who prepare non-potentially-hazardous foods in a private residence "for sale only at a public market do not require a food premises licence", listing maple products among those foods. A public market is a venue where a group of vendors sets up regularly in a common location to sell food, and includes a farmers' market and a flea market. Premises that only store, display or sell non-potentially-hazardous food without preparing it (such as a shop stocking bottled syrup) are also outside the regulation (s. 3(1)(f)). Shipping syrup to another province or country requires a federal Safe Food for Canadians licence from CFIA — see the national notes.

A private home kitchen may be used without a licence only when the syrup is sold at a public market (s. 3(1)(a)(iii)); sell it anywhere else — farm gate, online, to stores — and the exemption no longer fits. Whether a home or outbuilding sugarhouse can be licensed as a Class 5 premises isn't addressed in the regulation's text or the Department's guidance; a licensed premises must meet the regulation's general sanitation requirements (hand-washing stations with hot and cold potable water, cleanable food-contact surfaces, and so on) and is inspected. Ask your regional Public Health office before building or converting a space.

New Brunswick has no provincial maple grading law: no Act with "maple" in its title appears in the province's statute list, and the Food Premises Regulation sets no grades or density. Inside the province the federal Food and Drugs Act and Regulations still govern what may be called maple syrup, and the CFIA's Canada Grade A system (66–68.9% soluble solids; Golden, Amber, Dark and Very Dark colour classes) becomes mandatory once syrup is sold interprovincially or exported (see the national notes). A CFIA licence holder's grading and labelling replace the provincial regime.

Syrup grades explained · check your density

• ✓No New Brunswick-specific label items were found; the federal Food and Drugs Act labelling rules apply to syrup sold within the province — common name, net quantity in metric units, name and principal place of business (see the national notes)
• ✓Syrup leaving the province: Canada Grade A with a bilingual colour class, metric net quantity and the other SFCR items (see the national notes)

Public markets (farmers' markets and flea markets) are open to unlicensed home producers of non-potentially-hazardous foods, maple products included; the market itself may hold a public-market class of licence. Sales from the farm, roadside, online or to stores and restaurants come under the Class 5 licence ($50 a year for maple-only premises), which covers both direct sale and wholesale. Premises registered with and inspected by CFIA are outside the provincial regulation (s. 3(1)(h)). Interprovincial and export sales need the federal SFC licence.

Licensed premises must meet the Food Premises Regulation's sanitation standards and are inspected by Public Health; the regulation's definitions include hand-washing stations supplied with hot and cold potable water, soap and a drying method, and cleanable food-contact surfaces. Unlicensed public-market home producers remain limited to non-potentially-hazardous foods and are subject to a Public Health inspector's judgment of what qualifies. We found no New Brunswick maple-specific equipment, lead or bottling-temperature rule.