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FarmersMarkets

GuidelinesMinimum

requirementsfor food safety

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Farmers Markets Guidelines

This publication is a guideline for Oregonfarmers’ markets and their vendors outliningminimum requirements that must be met inorder to assure food safety.

It is issued by the Food Safety Division ofthe Oregon Department of Agriculture incooperation with the Office ofEnvironmental Services & Consultation inthe Department of Human Services.

The Food Safety Division performsinspections for compliance with theseguidelines. Some market vendors arelicensed by county health departments orthe Field Services Unit of the Office ofEnvironmental Services & Consultation.

In compliance with the Americans withDisabilities Act, this publication will bemade available in alternate formats uponrequest.

Published March, 2003ODA Web site: <oda.state.or.us>Hearing impaired: 503-986-4762

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ContentsMarket operation requirements ...................................... 4What activities and products are licensed? ................... 4

Fresh fruits and vegetables.............................................. 4Processed foods ................................................................ 5Seafood............................................................................. 5Meat and poultry .............................................................. 5Eggs .................................................................................. 6Honey............................................................................... 6Restaurant foods/food service .......................................... 6Chef/cooking demonstrations/other sampling ................. 7Out of state food establishment licenses......................... 7Other ODA licenses......................................................... 7

Product labeling ............................................................. 8Handle with care ............................................................ 8

Potentially hazardous?..................................................... 9Packaging safely ............................................................ 10Wrap or cover................................................................. 10Off the ground................................................................ 11

Hand washing .............................................................. 11When does the requirement apply?................................ 12What about hand sanitizers and moist towelettes? ........ 12How about single-use gloves?....................................... 12What about money handling – isn’t it a problem? ........ 12How do vendors set up a hand washing station?........... 13

Safe sampling .............................................................. 14Start with clean food ......................................................14Clean tools...................................................................... 14Sanitizers........................................................................ 15Protection....................................................................... 15Cross-contamination...................................................... 16

Additional guidelines for markets and vendors............ 17Animals .......................................................................... 17Toilet facilities................................................................ 17Waste water .................................................................... 17

Definitions .................................................................... 18Food processing ............................................................. 18Sampling........................................................................ 18Potentially hazardous food............................................. 18

Contacts for further information ................................... 20

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Market operation requirements

Farmers’ markets should make reasonableefforts to ensure that all vendors sellingproducts requiring licenses have obtainedthem and are maintaining those licenses.Each market manager — or otherresponsible person designated by theorganization operating the market — shouldmaintain a copy of vendor licenses or arecord of the number of the license.Licenses are listed on the ODA website andcan be accessed using license numbers and/or other data routinely furnished byvendors. (See contacts on page 20.)

Market managers and other responsiblepersons are not expected to be food safetyexperts, but they can help educate vendorsabout topics related to food safety andencourage vendors to communicate with theappropriate licensing authorities.

What activities and products arelicensed?

Many, but not all products sold at farmers’markets require licenses from the FoodSafety Division of ODA. Here is a list ofproducts and their licensing requirements:

Fresh fruits and vegetables

No food safety-related license is required,but vendors should review handling andsampling procedures in this publication.Device licenses issued by the MeasurementStandards Division are required for sales byweight.

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Processed foods

Baked goods, dairy products, jams, jellies,preserves, salsas, vinegars, oils, saladdressings, frozen berries and cherries, driedherbs, and dehydrated fruits and vegetablesare examples of common farmers’ marketproducts that must be processed in alicensed facility. (See definitions on page 17for a more complete list food processingactivities.) Home kitchens that meetrequirements may be licensed as domestickitchens for some food processingactivities. Jams, jellies and baked goods areoften allowed under a domestic kitchenlicense, but dairy, meats and low-acidcanned goods are not allowed in domestickitchens. Vendors should consult their ODAfood safety specialist to make sure theproducts they plan to sell can be licensed inthe facility they intend to use.

Seafood

Licenses are required for many activitiesinvolving fish and shellfish. Oysters requirea shellfish shipper license. Most other typesof seafood require either a processinglicense or a retail food establishmentlicense, depending on whether products areprocessed by sellers or other licensedfacilities. Live fish, shrimp and prawns arenot part of ODA’s jurisdiction.

Meat and poultry

All vendors selling meat and poultry musthave a license from ODA, and certainactivities require USDA inspection.Processing in a USDA-licensed facility isrequired for beef, pork, lamb and certainquantities of poultry must be slaughtered

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under USDA inspection. Poultry processorsof 20,000 or fewer birds per year areexempt from the USDA inspectionrequirements if they raise, slaughter and selltheir own product. USDA inspectionexemptions are complex, so producersshould consult with ODA before startingsuch operations.

Eggs

Eggs may be sold at market without an egghandler’s license and without labeling, butonly by the farm that produces the eggs. Allother eggs — even those produced byfriends or relatives on neighboring farms —must come from licensed facilities andcomply with labeling requirements.

Honey

Licenses generally are required to extracthoney, but an exception is made foroperations with 20 or fewer hives. Honey incombs is not extracted and thus does notrequire a license.

Restaurant foods/food service

Foods prepared and sold at markets requirea temporary restaurant license from thecounty health department in the countywhere the food is served. This requirementdoes not include samples anddemonstrations discussed in the sectionbelow. NOTE: Vendors who cook anyproduct at a farmers’ market must eithermake sure it qualifies as a sample ordemonstration, or must obtain a temporaryrestaurant license. (In some counties theField Services Unit of the State Office ofEnvironmental Services & Consultation

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does the licensing on behalf of the county.)County health department jurisdictionapplies even if vendors of such foods alsosell products subject to licensing by ODA’sFood Safety Division. Temporary restaurantvendors must have one person licensed as afood handler in the booth during hours ofoperation.

Chef/cooking demonstrations/other sampling

Small samples of cooked foods prepared atmarket may be offered free of charge tocustomers without obtaining a temporaryrestaurant license, for promotional andeducational purposes. (Please see thedefinition of sampling on page 18.) Allhandling and sampling guidelines must befollowed. Sample portions must be small,since the purpose is not to circumvent lawsgoverning food service. Similarly, vendorsmay offer samples of other market productswithout additional licensing but must followall applicable procedures in theseguidelines.

Out of state food establishmentlicenses

ODA recognizes licenses from other states,but vendors should check with marketmanagers and food safety specialists beforebringing out-of-state products to Oregonfarmers’ markets. ODA requires proof oflicensing for all processed foods.

Other ODA licenses

Other ODA divisions with duties outside thescope of these guidelines also issue licensesto farmers’ market vendors. These include

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the Plant Division, which issues nurserylicenses, and Measurement StandardsDivision, which regulates weighing devices.Contact information is listed on page 20.

Product labeling

All packaged foods must be labeled, andingredient information must be available forfoods sold in bulk. Unpackaged single-ingredient foods like fruits and vegetablesdo not need labels. Four pieces ofinformation are required on labels: name ofproduct, net weight, ingredients indescending order by weight, and name andaddress of the producer or distributor.

Bulk foods do not have the same labelingrequirements as packaged foods. Ingredientinformation needs to be available tocustomers. Vendors can post ingredients onbulk bins or display a sign saying theingredients are available upon request.Ingredient information should bemaintained in writing.

Handle with care

Products at farmers’ markets generally fallinto three levels of handling care. At thestrictest level are potentially hazardousfoods, which require refrigeration and otherspecial handling. In the middle are productsthat are not potentially hazardous but stillrequire more care because they cannot bewashed by consumers. The least restrictivelevel applies to fresh produce and in-shellnuts.

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Potentially hazardous?

Even though market farmers consider theirproducts to be the most wholesome foodsavailable, some foods sold at farmers’markets are legally classified as potentiallyhazardous foods because they allow fastgrowth of germs that may cause foodpoisoning. This term includes commonfoods like eggs, meat, poultry, seafood,dairy products and many foods that containthose ingredients. Even foods that are notpotentially hazardous can becomepotentially hazardous once water has beenadded and/or they have been cooked. Pleasesee the definition of potentially hazardousfoods, which includes technical detailsconcerning pH and water activity level, onpage 18.

Certain baked goods are potentiallyhazardous foods. Cheesecake is oneexample, but some foods may not be asobvious. Vendors should talk with their foodsafety specialist to determine whether thelicensed foods they sell fall into thiscategory.

Potentially hazardous foods in general mustbe stored, displayed and offered for salepackaged and refrigerated at or below 41degrees F. Frozen products must stayfrozen. Maintaining these foods atappropriate temperatures in an outdoorenvironment generally requires use of icechests or other containers filled with ice ordry ice surrounding the product — exceptfor eggs, which must be kept dry. Careshould be taken to prevent accumulation ofwater from melted ice. Other productssometimes used to keep food cold, such asblue ice packs, are often not effective

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enough because they do not surround foodproducts. Vendors should carry athermometer to monitor producttemperatures of refrigerated foods. Liveseafood is not subject to this temperaturerule. Live shellfish, for example, may beheld at 45 degrees F.

Packaging safely

Seafood can be sold smoked, frozen orfresh, but vendors must make sure they areusing appropriate packaging for theirproducts. Here are some examples ofhandling concerns:

• Whole (not cut) gutted fish may be soldunpackaged from a bulk container ifstored in ice made from potable water.

• Whole or cut fish may be sold in a foodgrade plastic sleeve. Vacuum packagingfor fresh fish is not allowed

• Smoke fish may be vacuum packaged.• Whole crab cooked in shells in a licensed

facility can be sold on ice, but vendorsshould provide a barrier to preventcustomers from touching the product.

• Food packages should be in goodcondition and protect contents so thatfood is not adulterated or contaminated.

Wrap or cover

Some products are not potentiallyhazardous but need extra protection becausecustomers cannot wash them. Baked goodsare the most common example. Vendorshave two options: packaging these items ina licensed facility or selling from enclosedbulk containers. Those who choose to sellfrom covered bulk containers must set upand use a hand washing station and mustfollow procedures in these guidelines to

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avoid contamination. Acceptable methodsto remove food from covered bulkcontainers include clean tongs or otherutensils, single-use gloves, and wax papersheets.

Off the ground

Fresh fruits and vegetables and nuts in theirshells can be displayed in open air. The onlycaveat is that they must be stored off theground. Vendors can accomplish this in anumber of ways. Many vendors use plastictubs to transport and protect their produce.Empty crates or boxes underneath the onesholding produce can do the job ifimpervious tubs are not available. The onlyexception is for pumpkins or similarly largesquash, which are often too bulky andirregular to display off the ground.

Vendors who sell products licensed by ODAshould consult with a food safety specialistabout proper handling procedures for eachlicensed product.

Hand washing

This section applies directly to anyone whoprepares and serves samples at the marketor who handles bulk-dispensed (unwrapped)products other than produce and nuts in theshell.

Hand washing is an important task thatmany people do — or fail to do — withoutthinking. To protect public health, farmers’market vendors, like workers in other foodestablishments, must make a special effort.

Here is what health authorities mean byhand washing: a cleaning procedure of

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about 20 seconds that includes vigorousfriction, for at least 10 to 15 seconds, on thesurfaces of lathered fingers, finger tips,areas between fingers, hands and portionsof arms exposed to direct food contact,followed by thorough rinsing under clean,running water.

When does the requirementapply?

Whenever vendors use the restroom, contactbodily fluids (sneezing or coughing intohands, nose-blowing, etc.), touch animals,have soiled hands, or return to their workstations after leaving for any reason. NOTE:A trip to the restroom or contact with bodilyfluids requires two hand washings – at thetoilet facilities and again at the workstation.

What about hand sanitizers andmoist towelettes?

Vendors may use these products but not as asubstitute for hand washing.

How about single-use gloves?

Gloves do not eliminate the need for handwashing, although they may be helpful insome circumstances to avoid bare handedcontact with food. If used, they must belimited to a single task and discarded whendamaged or soiled or when tasks areinterrupted. Non-latex gloves are preferredbecause of allergy considerations and arerequired in temporary restaurant operations.

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What about money handling –isn’t it a problem?

Not in the way that most people wouldexpect. Research indicates that moneyhandling is not a danger in foodestablishments, but public opinion isanother matter. This may be a case where itis prudent for vendors to ignore science andstructure their operations to pleasecustomers.

How do vendors set up a handwashing station?

Vendors may find they already own many ofthe components, and the rest are available atminimal cost. One key piece is an enclosedcontainer that holds an adequate amount ofwater for the duration of a market day.

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Water containers should have a spigot thatcan stay open to allow a constant flow ofwater for two-handed washing. Suchcontainers are available at stores that sellcamping supplies. Other requiredcomponents include: water, soap, single-usepaper towels and some sort of catch basinfor the wastewater.

Safe sampling

Vendors who sell products licensed by ODAshould consult with a food safety specialistbefore sampling at markets.

In addition to hand washing, there are othersampling procedures that will protectvendors and their customers.

Start with clean food

Thoroughly rinse fruits and vegetables inpotable water before cutting them. Vendorsshould not use substances other than potablewater unless they have made certain thesubstances are approved to be used on food.Many soaps can actually make food lesssafe, and bleach solutions are notrecommended for this purpose.

Clean tools

Use a clean cutting board and knife.Equipment and utensils must be easilycleanable and in good condition. Materialsmust be impervious and free of cracks andcrevices. Smooth hardwood is acceptablefor cutting boards. Utensils must be storedand covered to protect from contaminationduring transit to market and when not inuse. Utensils can be stored between uses inice or in the product with handles above the

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top of the food but not in sanitizingsolution. Otherwise, clean and sanitizebetween uses.

Food contact surfaces should be cleanedwith soap and water followed by anapproved sanitizer, which is allowed to airdry before use. Single-use paper towels canbe used on food contact surfaces. If wipingcloths are used, they must be sanitized andmonitored as follows:

• Cloths must be stored in a sanitizingsolution of an approved sanitizer at anacceptable concentration.

• Sanitizer concentration for stored clothsmust be checked throughout each dayusing paper test strips.

Sanitizers

Household bleach may be used at aconcentration of one tablespoon per gallonof lukewarm water, which equals 100 partsper million. (Quaternary ammoniumcompounds are mixed at 200 parts permillion.) Do not assume that “more isbetter.” Bleach concentration cannot beallowed to fall below 50 parts per million.Sanitizers exposed to air lose concentrationover time, while spray bottles holdconcentration for extended periods.

Protection

Samples must be covered to protect themfrom insects, dust and other contaminantswhen they are not being actively sampledby customers.

Vendors should design their samplingsetups to prevent customers from touchingsamples other than the one they take. Closesupervision of customers tasting samples is

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critical, especially when children aresampling. Toothpicks are helpful but noterror-free. Sticking one in each sample, astime permits, can help discourage reuse.

Extra care is required in samplingpotentially hazardous foods. Sampling is anexception to the rule that potentiallyhazardous foods are packaged in an ODAlicensed facility and stay packaged untilthey reach consumers’ homes. Temporaryrestaurants, which follow rules on whichthese sampling guidelines are based, areanother exception.

Vendors who portion or otherwise preparesamples in a licensed facility rather than atmarket should keep the samples refrigeratedwhile in transport in the same manner as thepackaged product.

If samples of potentially hazardous foodsare portioned or cooked at market, removefrom packaging and refrigerate only what isneeded to prepare each batch of samples.

Cook all potentially hazardous foods atapproved temperatures for the requiredduration.

Samples of potentially hazardous foodsmust be discarded after two hours out ofrefrigeration.

Cross-contamination

Vendors should strictly segregate the foodshandled at market to ensure that there is nocross-contamination of foods — particularlyraw meat, poultry or seafood and ready-to-eat foods. Those who sample meats, poultryor seafood and fruits or vegetables in thesame stall should use separate cuttingboards, knives, wiping cloths, sanitizerbuckets, etc. Clean and sanitize all

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equipment associated with raw meats, etc.,immediately after preparing these foods, toavoid inadvertent contact.

Cross contamination also can involve twodifferent kinds of raw meat, poultry orseafood. Separate equipment is notnecessary to sample two kinds of meat, butvendors should clean and sanitize allequipment between uses.

Additional guidelines formarkets and vendors

Animals

Vendor animals must be kept a minimum of20 feet from any food handling, display orstorage. Customer animals are allowed, butit is recommended that markets require thatanimals be kept on leashes.

Toilet facilities

Farmers’ markets must have toilet facilitiesconveniently located to the market.Appropriate hand washing facilities (handwash stations like those used in marketstalls or permanent facilities that meet orexceed standards for temporary washingfacilities) must be located in or near toiletfacilities.

Waste water

Waste water must be disposed of in anapproved manner, which includes approvedplumbing. Vendors should not dump wastewater in stormwater drains. Reasonablyclean waste water can be used to waterplants.

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Definitions

Food processing

Cooking, baking, heating, drying1, mixing,grinding, churning, separating, extracting2,cutting3, freezing or otherwisemanufacturing a food or changing thephysical characteristics of a food; and thepackaging, canning or otherwise enclosingof such food in a container; but not thesorting, cleaning or water rinsing ofvegetables.

1Drying includes the drying of herbs bymechanical means.

2Extracting includes shelling.3Cutting does not include the harvesting ofleaf greens for sale as produce.

Sampling

A food product promotion, where only asample of a food (or foods) is offered freeof charge to demonstrate its characteristics,is exempt from licensing. A sample cannotbe a whole meal, an individual hot dish or awhole sandwich.

Potentially hazardous food(a) “Potentially hazardous food” means a

food that is natural or synthetic and thatrequires temperature control because it isin a form capable of supporting:(i) The rapid and progressive growth of

infectious or toxigenicmicroorganisms;

(ii) The growth and toxin production ofClostridium botulinum; or

(iii) In raw shell eggs, the growth ofSalmonella Enteritidis.

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(b) “Potentially hazardous food” includes ananimal food (a food of animal origin) thatis raw or heat-treated; a food of plantorigin that is heat-treated or consists ofraw seed sprouts; cut melons; unpasteur-ized juices; and garlic-in-oil mixtures thatare not modified in a way that results inmixtures that do not support growth asspecified under Subparagraph (a) of thisdefinition.

(c) “Potentially hazardous food” does notinclude:(i) An air-cooled hard-boiled egg with

shell intact;(ii) A food with an a

w value of 0.85 or

less;(iii) A food with a pH level of 4.6 or

below when measured at 24°C(75°F);

(iv) A food, in an unopened hermeticallysealed container, that iscommercially processed to achieveand maintain commercial sterilityunder conditions of nonrefrigeratedstorage and distribution;

(v) A food for which laboratoryevidence demonstrates that the rapidand progressive growth of infectiousor toxigenic microorganisms or thegrowth of S. Enteritidis in eggs or C.botulinum can not occur, such as afood that has an a

w and a pH that are

above the levels specified underSubparagraphs (c) (ii) and (iii) ofthis definition and that may contain apreservative, other barrier to thegrowth of microorganisms, or acombination of barriers that inhibitthe growth of microorganisms; or

(vi) A food that does not support thegrowth of microorganisms as

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specified under Subparagraph (a) ofthis definition even though the foodmay contain an infectious ortoxigenic microorganism orchemical or physical contaminant ata level sufficient to cause illness.

Contacts for further information

Meat, poultry, seafood, bakedgoods and other processedfoods, eggs, honey

ODA Food Safety Division635 Capitol Street NESalem, OR 97301(503) 986-4720 voice(503) 986-4729 fax<oda.state.or.us/fsd/index.html>

Sampling and food handling

ODA Food Safety DivisionSame as above

List of ODA food safetyspecialists

ODA Food Safety Division<www.oregonfarmersmarkets.org>

ODA license database

Various ODA divisions<oda.state.or.us/dbs/search.lasso>

Restaurant foods – prepared atmarkets for on-premiseconsumption

County health departments or FieldServices Unit of the Office ofEnvironmental Services & Consultation

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Counties: consult blue pages in thephonebook or go to<www.ohd.hr.state.or.us/esc/lhd/welcome.htm>

For counties served by the Field ServicesUnit of the Office of EnvironmentalServices & Consultation:800 NE Oregon StreetPortland, OR 97232(503) 731-4012 (Dave Martin, foodprogram coord.)<www.ohd.hr.state.or.us/esc/food/dstel.htm>

Weights & measures

ODA Measurement Standards Division635 Capitol Street NESalem, OR 97301(503) 986-4670 voice(503) 986-4784 fax<oda.state.or.us/msd/msdstaff.html>

Nursery regulation

ODA Plant Division635 Capitol Street NESalem, OR 97301(503) 986-4644 voice(503) 986-4786 fax<oda.state.or.us/plant/index.html>

Women, infants & childrencoupon program

County health departments and otheragencies<www.dhs.state.or.us/publichealth/wic/countyinfo.cfm>

Information for marketcustomers, vendors andmanagers/boards

Oregon Farmers’ Markets Association<www.oregonfarmersmarkets.org>

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