Application
 2. (1) Subject to subsections (2) to (6), this Regulation applies to the following foods, whether produced in Ontario or produced outside Ontario and imported into Ontario: 1.  Any of the following that are grown or harvested for commercial purposes: i.  Fruit and vegetables. ii.  Sprouts. iii.  Culinary herbs. iv.  Nuts. v.  Edible fungi. 2.  Honey. 3.  Maple products. O. Reg. 119/11, s. 2 (1); O. Reg. 127/12, s. 2 (1). (2) Despite section 3 and subject to subsection (3), this Regulation does not apply to food described in subsection (1) in respect of any activity carried out at a place in Ontario if that activity is, (a)  a prescribed activity under the Safe Food for Canadians Act (Canada); and (b)  carried out by a person who is licensed to perform the prescribed activity under the Safe Food for Canadians Act (Canada). O. Reg. 717/20, s. 1 (1). (3) This Regulation does apply to food described in subsection (1) with respect to an activity described subsection (2) if the food, (a)  is separated by physical or other effective means from any food that is packed, repacked or otherwise processed under the Safe Food for Canadians Act (Canada) and the Safe Food for Canadians Regulations (Canada); and (b)  is intended for distribution or sale exclusively in Ontario. O. Reg. 717/20, s. 1 (1). (4) For greater certainty, subsections (2) and (3) apply with respect to activities described in those subsections whether the food that is subject to the activities was, (a)  produced in Ontario; or (b)  produced outside Ontario and imported into Ontario in accordance with the Safe Food for Canadians Act (Canada) and the Safe Food for Canadians Regulations (Canada). O. Reg. 717/20, s. 1 (1). (4.1) Despite the exemptions in subsections (2) and (3), Parts V and VI of this Regulation apply to the sale or offering for sale in Ontario of any food that is a produce, even if the produce was produced, packed, repacked or otherwise processed under the Safe Food for Canadians Act (Canada) or the Safe Food for Canadians Regulations (Canada). O. Reg. 717/20, s. 1 (1). (5) This Regulation does not apply to the following produce: 1.  Any produce that is grown or harvested by or for a person for the person’s own use or for the use of the person’s household. 2.  Any produce imported from outside Canada that is of a type that is not commercially grown or harvested anywhere in Canada whether or not it is packed or repacked by a person who holds a licence to do so under the Safe Food for Canadians Act (Canada). 3.  Any fruit or vegetables that are grown for the sole purpose of producing seed. 4.  Any nuts that are not intended for human consumption.  O. Reg. 119/11, s. 2 (5); O. Reg. 127/12, s. 2 (3); O. Reg. 717/20, s. 1 (2). (6) This Regulation does not apply to honey sold by a producer if all of the following conditions are met: 1.  The honey was produced in the producer’s apiary. 2.  The honey is sold, i.  at the producer’s place of residence, ii.  directly to the consumer, and iii.  in a container that has markings setting out the name and full address of the producer and either the words “honey/miel” or the words “comb honey/miel en rayon”, as the case may be.  O. Reg. 127/12, s. 2 (4).