Farmers Market Regulations

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Farmers Market Regulations
Farmers Market Entrepreneur

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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.
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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.

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Kentucky Department of Agriculture Does Regulate.

• Scales used for sales at the market.
• Sale of eggs

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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

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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

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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.

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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.

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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

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The Department of Public Health regulates

• Prepared food items
• Minimally processed foods
• All value-added food products

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HB 391 (Farmers Market Home Processing
Legislation)
This legislation allows producers to add value
to their horticultural products in their home
kitchens.
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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.

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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

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Foods can be sold from

• 1. The Farm
• 2. Farmers Markets that are listed with Kentucky
  Department of Agriculture.
• 3. Roadside Stands Certified by Kentucky Farm
  Bureau.

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Prohibited Locations

• Restaurants
• Grocery Stores
• Retail Markets
• Gift Shops
• Wholesale Sales
• Mail Order Sales
• Internet Sales
• Interstate Sales

These require a Food Manufacturers Permit and
use of a Permitted Kitchen.
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There are two levels to this legislation

• Home-based Processor
• Home-based Microprocessor

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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

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Home-based Processors

• Must qualify as a farmer
• Must register with the state
• Must have potable water source
• No fee

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Home-Based Microprocessors

• Some of the Acceptable Products for Home-based
  Microprocessors
• Salsa
• Barbecue Sauce
• Pickled Fruits or Vegetables
• Pressure-Canned Vegetables

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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.

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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

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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

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Home-based Processor/Microprocessor Contacts

• Dr. Sandra S. Bastin, RD, LD
• Associate Extension Professor
• Food Nutrition Specialist
• University of Kentucky
• Cooperative Extension Service
• 859-257-1812
• sbastin_at_uky.edu
• www.ca.uky.edu

• Mark M. Reed, RS, MPA
• Supervisor
• Food Manufacturing Program
• Kentucky Food Safety Branch
• 502-564-7181 extension 3677
• mark.reed_at_ky.gov

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• 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.

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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

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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

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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

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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

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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

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A simple handwash station is pictured below. The
required liquid soap dispenser is not in the
picture.
Spout that can be turned on and will run without
someone holding it open.
Lots of water
Roll of paper towels
Catch basin for water as it flows over your hands
Extra water
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For some events at a market you will need a way
to wash and sanitize utensils
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Simple 3-Compartment Cleaning Station
Paper towels
Sanitizing rinse
Soapy water changed frequently
Clear rinse water change frequently
Soap
Sanitizer tablets
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• 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 [phone].