Farmers’ Market Regulations Farmers’ Market Entrepreneur

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

Service859-257-1812sbastin@uky.eduwww.ca.uky.edu

Mark M. Reed, RS, MPA SupervisorFood Manufacturing ProgramKentucky Food Safety Branch502-564-7181 extension 3677mark.reed@ky.gov

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.