farmers’ market regulations farmers’ market entrepreneur
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Farmers’ Market Farmers’ Market RegulationsRegulations
Farmers’ Market Entrepreneur
Farmers’ markets
are more than fresh fruits and vegetables.
Many of these additional products have separate
regulations to govern their sales at farmers’ markets
There are several regulations you should be aware of when selling at a Kentucky farmers’ market.
Registration with Kentucky Department of Agriculture
The Kentucky Department of Agriculture registers markets each year
and collects data. This registration allows the market to be an
“official” farmers’ market.The registration is free, but must be done
annually.
Kentucky Department of Agriculture Does Regulate….
Scales used for sales at the market.
Sale of eggs
Scales Scales must be made for legal trade
and for commercial use. A legal for trade scale will be marked
with: A serial number A model number Class III designation on the ID plate NTEP certificate of conformance
Scales Scales suitable for farmers’ markets
will have a ½ ounce or smaller It is the responsibility of the owner to
have the scale inspected and maintain the accuracy
Inspectors can shut down a vendor for using unapproved scales
Scales An alternative to using scales is to sell
by volume. That is, by the bag or box or per item.
If you do sell by volume you might want to get an approximate weight on your items so you can say that the bag of lettuce is “about 1 pound” if customers ask.
Eggs Should be washed and candled Use new cartons with nutritional info,
refrigeration requirements and safe handling information printed on them
Each carton should be labeled “ungraded” followed by “produced by (where you put your name and address) and “sold directly to the consumer.”
Eggs The eggs must be kept at or below 45
degrees at all times Do not leave eggs out on your table If you are using an ice chest, separate the
eggs from the ice and from the melting ice in the bottom of the chest
The Department of Public Health regulates
Prepared food items Minimally processed foods All value-added food products
HB 391 (Farmers’ Market Home Processing
Legislation)
This legislation allows
producers to add
value to their
horticultural products in their
home kitchens.
It is Farm Friendly Legislation
Processors must Own or Lease at least 5 contiguous acres of farmland OR
Be a Kentucky resident who has grown the primary horticultural or agronomic ingredients of the food product.
It is Farm Friendly Legislation Because…
Final product must contain a Primary or Predominant
Kentucky-Grown Ingredient grown, harvested, processed and
marketed by the farmer
Foods can be sold from…
1. The Farm2. Farmers Markets
that are listed with Kentucky Department of Agriculture.
3. Roadside Stands Certified by Kentucky Farm Bureau.
Prohibited Locations
Restaurants Grocery Stores Retail Markets Gift Shops Wholesale Sales Mail Order Sales Internet Sales Interstate Sales
These require a Food Manufacturer’s Permit and use of a Permitted Kitchen.
There are two levels to this legislation
Home-based ProcessorHome-based
Microprocessor
Home-Based Processors
Acceptable Products for Home-based Processors
Whole fruit and vegetables
Mixed-greens Jams, jellies, sorghum,
preserves Fruit butter Fruit pies Bread, Cakes, & Cookies
Home-based Processors
Must qualify as a farmer Must register with the state Must have potable water source No fee
Home-Based Microprocessors
Some of the Acceptable Products for Home-based Microprocessors
SalsaBarbecue SaucePickled Fruits or
VegetablesPressure-Canned
Vegetables
Home-based Microprocessor Certification Requirements
Qualify as a Farmer. Attend and successfully complete UK or Better
Process Control School. Have standardized recipe for each processed food
item approved by a qualified process authority. Submit verification of approved water source. Submit product labels to food branch for review. Complete application form with signature attesting
that all microprocessing will be in compliance with the law.
Yearly registration is $50. Additional fee for class and each recipe.
Prohibited Food Items for Either Level
Potentially hazardous foods, including but not limited to….
1. Crème filled pies, custard, custard pies, pies with meringue topping 2. Cheesecake 3. Cream, custard and meringue pastries 4. Raw seed sprouts 5. Garlic-in-oil mixtures 6. Foods vacuum packaged in containers other than mason-type jars 7. Canned, pureed baby foods 8. Any products containing meat
Home-based Processor/Microprocessor Food Labeling
Name & Address of Operation Common Name of Food Product Ingredients, in Descending Order by Weight Net Weight & Volume Statement in 10 point type “This product is
home-produced and processed.” Date product processed
Home-based Processor/Microprocessor Contacts
Dr. Sandra S. Bastin, RD, LDAssociate Extension
ProfessorFood & Nutrition SpecialistUniversity of KentuckyCooperative Extension
Mark M. Reed, RS, MPA SupervisorFood Manufacturing ProgramKentucky Food Safety Branch502-564-7181 extension [email protected]
If the product does not fall under the Home-based Processed/Microprocessed category, then it must be “commercially” processed.
All vendors selling commercially produced items must have a prepackaged retail food store permit from the local health department.
Honey
Has its own special legislation If you sell less than 150 gallons of honey a
year you are not required to process the honey in a certified honey house
Labeling is important
Honey Labels Identity of the product: HONEY Quantity of contents: i.e. one-pint jar
=Net. Wt. 32 ounces (908 grams) Name of manufacturer: You or your
farm Address of manufacturer: Your
address
Organic There are two ways you can use this term
– be certified or be registered You cannot say your products are “grown
organically” or any other use of the word organic if you do not meet either of the criteria above
Meat
All meat must be processed at USDA inspected facility Frozen meat must be kept at 0 degrees
and fresh meat must be kept at 41 degrees or lower at all times
Seller must have a prepackaged retail sales permit from the health department
Handwashing Stations
Some levels of permits from the health department require you to have a way to properly wash your hands
A simple handwashing station is easy to make
A simple handwash station is pictured below. The required liquid soap dispenser is not in the picture.
Lots of water
Spout that can be turned on and will run without someone holding it open.
Roll of paper towels
Extra water
Catch basin for water as it flows over your hands
For some events at a market you will need a way to wash and sanitize utensils
Simple 3-Compartment Cleaning Station
Soapy water – changed
frequently
Sanitizing rinse
Clear rinse water – change
frequently
Soap Sanitizer tablets
Paper towels
More information about each of these topics plus more is available in the “Kentucky Farmers’ Market Manual”
The manual is available online at www.kyagr.com by clicking on “Farmers Markets” on the drop down menu. Printed copies can be obtained by calling (502) 564-4983.