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Plenty of sunshine. High 77F. Winds NW at 10 to 15 mph..
A clear sky. Low 58F. Winds NNW at 5 to 10 mph.
Although farmers markets have been around for a long time, they have evolved over the years. In the past, whole fruits and vegetables were the primary items sold but now, food being offered may have been processed, cut open for display and samples given to entice purchases. With the increased complexity of product offerings comes increased concerns for food safety. While vendors will want to be familiar with the specifics of the Missouri Food Code, the following is a brief summary, which should benefit both the vendor and consumer at these farmers markets.
First, if a vendor only sells unprocessed whole fruits and vegetables, in-shell nuts and other whole agricultural product, they do not meet the definition of a food establishment as specified in the Missouri Food Code and do not need to be under routine inspection. However, be mindful that home grown (as well as store purchased), organic or non-organically grown produce all have some bacteria so be sure to wash fruits and vegetables before eating, cutting or cooking.
Generally, an inspected and approved facility must be used if processing of fruits and vegetables occur. Removing the outer husks from an ear of corn, the outer leaves from a head of cabbage and cutting the tops off carrots, beets or turnips is not considered processing. Processing changes the fruit or vegetable from its harvested state. Examples of processing include blanching corn kernels after cutting them from the ear, slicing tomatoes and chopping lettuce.
State code allows the production of non-potentially hazardous processed food from a home kitchen, sold by the processor or their immediate family member to the end consumer when properly labeled. For example, snapping peas or cutting corn kernels from the ear and bagging is allowed if the bags are labeled that the food was prepared in a kitchen not subject to inspection. This is allowable because peas and corn are not a potentially hazardous food.
The code classifies cut fruits and vegetables as well as leafy greens as potentially hazardous foods. The washing and cutting can be done off-site in an approved and inspected facility, or on-site if the vendor has handwashing facilities and an approved facility to wash, rinse and sanitize utensils and cutting boards. Potentially hazardous food and samples must be kept at the proper temperature or the vendor must use a process where time is used as a public health control.
Meats (beef, pork, lamb and goat) must have been slaughtered and processed under United States Department of Agriculture or Missouri Department of Agriculture inspections and each individual package of meat is required to have the mark of inspection from either the USDA or MDA. Poultry and rabbit from producers who process fewer than 1,000 chickens or rabbits a year can be sold without an inspection. These products must be unadulterated and kept at the proper temperatures until sold.
Commercially harvested fish may be offered for sale provided the vendor complies with the Missouri Department of Conservation rules, has a commercial fishing license and the fish is kept at 41 degrees or below. Limited processing (the removal of head, tail and viscera) is allowed to limit the deterioration of the flesh. If the vendor intends to fillet the fish, they must process the fish in a properly equipped facility and be inspected.
Dairy products such as cheese, yogurt, cottage cheese, butter, sour cream and the like, must be processed in facilities licensed and regulated by the State Milk Board. Unpasteurized milk and cream cannot be sold at a farmers market.
Vendors selling eggs must have the proper egg licenses from MDA. Eggs must be clean and cartons must have the name and address of the producer. Eggs must be held at 45 degrees or below.
Manufacturers of jams and jellies are allowed under Missouri law without inspection as long as the manufacturer generates less than $50,000 per year from these sales. The product must be sold directly to the end consumer and must comply with the labeling requirements found in the state code, including the name and address of the person manufacturing the food, common name of the food, name of all ingredients in the food and a statement the product has not been inspected by the Department of Health and Senior Services. In addition, at the point of sale, there should be a placard that says: “This product has not been inspected by the Department of Health and Senior Services.”
Missouri law also allows individuals to make other kinds of non-potentially hazardous foods in their home kitchen and be exempt from inspection. These foods include breads, cookies, fruit pies, cracked nuts and similar foods. Again, the vendor has to be the manufacturer or an immediate family member and the food has to be sold to the end user and the food has to have a label stating the name and address of the manufacturer/processor preparing the food, common name of the food, name of all ingredients in the food and a statement that the product was prepared in a kitchen the is not subject to inspection by DHSS. When the food is in unpackaged, individual portions, the vendor needs to have a placard at the point of sale, stating the food was prepared in a kitchen that is not subject to inspection by DHSS.
Pickles, salsa, sauces, guacamole, queso dip and the like are not eligible for inspection exemptions under the Missouri Cottage Food Laws and Rules and must be prepared in an approved and inspected facility.
If farm animals or pets are sold, or a petting zoo is set up for consumer enjoyment, a minimum distance of 50 feet between animals and food products is recommended. If excessive flies or other pests are present, additional control measures may be needed.
Some farmers markets allow food service operators. These food trucks or stands are subject to local ordinance and inspection.
Jack Hunsucker is an Environmental Health Specialist at the Nodaway County Health Department.
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