Missouri Department of Health and Senior ServicesBureau of Environmental Health Services

P.O. Box 570Jefferson City, MO 65102-0570

573-751-6095health.mo.gov/safety/foodsafety/index.php

AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYERServices provided on a nondiscriminatory basis.

MICROGREENSVendors who grow and harvestmicrogreens may do so without inspection.They may need to comply with federal lawand the Standards for the Growing,Harvesting, Packing, and Holding ofProduce for Human Consumption.

ADDITIONAL RESOURCES

DHSS Brochures• Jams/Jellies/Honey and Baked Goods• Salsa and other Acidified Foods• Guidelines for Temporary Food Events• Food Processinghttp://health.mo.gov/safety/foodsafety/industryfoods/retailfoods/

AgriMissouri Farmer’s Market Handbookhttps://agrimissouri.com/pdf/fmhandbook.pdf

Contact your local public health agency at:

FOODS THAT REQUIRE INSPECTION OR LICENSING

EGGSVendors selling chicken, turkey, duck, gooseor guinea eggs at farmer’s markets must havethe required license from the MissouriDepartment of Agriculture (MDA).

DAIRY PRODUCTSDairy products including milk, cheese,yogurt, cottage cheese, butter, sour cream,etc., must be produced in a State Milk Boardregulated facility. Unpasteurized milkcannot be sold at a farmer’s market.

BEEF, PORK AND OTHER MEATSThe package of meat must have a mark ofinspection from either the United StatesDepartment of Agriculture (USDA) orMDA. Meat labeled “not for sale” may notbe sold at a farmer’s market.

SALSA, PICKLES AND BBQ SAUCEThese foods are common examples ofacidified or low acid canned foods and mustbe produced in an inspected facility. Aproducer must attend a Better ProcessControl School and have their processreviewed by a process authority.

SPROUTS AND WILD MUSHROOMSBean or alfalfa sprouts must be produced inan inspected facility. Wild mushrooms willneed to be ‘certified’ by an expert as definedin the Missouri Food Code before they canbe sold.

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Farmer’s Markets

Guidelines for FoodOperations at

Missouri Department of Health and Senior Services

FERMENTED FOODSSauerkraut, kimchi and kombucha tea arefermented foods and must be made in aninspected facility. Fermenting foods is aspecial process requiring special approvalbefore these foods can be sold.

WILD GAMEWild game meat such as deer, elk, andturkey may not be offered for sale.Commercially raised game must come froma USDA or MDA inspected facility.

SAMPLINGVendors offering samples must prepare thesample in a safe sanitary manner. Samplesshould be portioned and placed in cups orthe vendor should have toothpicks availablefor sampling. Sliced melons and tomatoesrequire temperature control.

FOOD STORAGEAll foods must be stored and displayed in amanner that prevents contamination. Foodsthat need to be kept cold, must be held at orbelow 41oF.

FOOD SERVICE OPERATIONSSome farmer’s markets include vendors whoprepare foods for consumption on-site.These operations are required to havecertain food safety measures in use such as:

• Hand and ware-washing facilities,• Adequate facilities for holding foods

hot and cold (if applicable),• Safe water (hot/cold) supply and

adequate wastewater holding capacity, and• Protection from environmental

contaminants and pests.

Farmer’s Market ProductsWHAT YOU NEED TO KNOWAn increase in demand for locally grownproduce and food products has led to asubstantial growth in farmer’s markets. Todaymany farmer’s markets resemble an outdoorbazaar with fruits, vegetables, prepared foods,arts and crafts and a wide variety of otheritems offered for sale.

No matter the setting, the MissouriDepartment of Health and Senior Services(DHSS) is responsible for food safety for thepublic. DHSS promotes food safety througheducation, training, inspections and whennecessary enforcement. Some local publichealth agencies (LPHA) have adoptedregulations regarding retail food sales thatmay be more stringent than staterequirements.

In the following sections, requirementsare outlined for foods commonly found atfarmer’s markets. Always check with theLPHA in the area of your farmer’s market foradditional requirements.

GENERAL PROVISIONSAll foods should be stored and displayed sothey are protected from contamination. Thestand should have overhead protection and insome instances be screened. Additionallyfood and equipment should be stored off theground and protected from rain or otherenvironmental contaminants.

GOOD AGRICULTURAL PRACTICESVendors that are also growers areencouraged to know, understand and apply“Good Agricultural Practices”(GAP). An excellent free GAP guideline isavailable from Cornell University. TheGAP guideline’s focus is to assure safeand unadulterated products through bestpractices and recommendations regardingthe use of agricultural chemicals, manure asa fertilizer, and on-farm sanitation practices.

The U.S. Food and Drug Administrationalso has a manual on GAP or safety hazardswith fruits and vegetables available online:https://www.fda.gov/.

Another online tool, part of Family Farmed,On-Farm Food Safety Project, wasdeveloped by a broad coalition of farm andproduce industry partners. It is available athttp://onfarmfoodsafety.org/.

Requirements for Foods Found at Farmer’s MarketsVendors at farmer’s markets frequentlyprovide foods that can be separated intotwo broad categories: foods that can beprepared in uninspected kitchens andfoods that if sold must be prepared underinspection.

FOODS EXEMPT FROM INSPECTIONThe Missouri Food Code allows many foodsto be sold at farmer’s markets, whenprepared in a home or uninspected kitchenif the follow conditions are met:

• the food is a non-potentially hazardous food (NPHF),

• it is not a low acid canned or acidified food,

• the seller is the producer of the food or an immediate family member residing in the producer’s household and familiar with the food,

• foods are sold only to the end consumer,

• packaged foods must be labeled according to the code including a statement that the food was made in a kitchen not subject to inspection, or

• a sign is posted at the stand for unpackaged foods, that they were prepared in an uninspected kitchen.

BAKED GOODSSome baked goods produced in a homekitchen can be sold at a farmer’s market.These include breads, cookies, cakes andfruit pies. Dry mixes such as soups, spice mixes, cakes and cookies may be sold withproperly labeling.

JAMS, JELLIES AND PRESERVESGenerally jams and jellies may be producedin an uninspected kitchen; exceptions aresugar-free or no sugar added jams or jellies, ones made with fruit juices or jams or jellies made with non-standard ingredients (pepper jelly is an example). PRODUCE AND NUTSUnprocessed whole fruits and vegetables, inshell nuts and other whole agriculturalproducts can be sold at a farmer’s marketwithout inspection.

FRUIT BUTTERS, HONEY AND SYRUPApple butter and other fruit butters may bemade in home kitchens. Honey, sorghum,and maple syrup may also be made in an uninspected home kitchen.

OTHER NPHFsDry pasta, coffee, and dried fruits areexamples of other foods that vendors havebeen allowed to sell because they are NPHFs.

POULTRY AND RABBITSProducers of poultry and rabbits may beexempt from inspection if they produce lessthan 1,000 carcasses a year. Producers mustmaintain temperature control of the finishedproduct.

AQUACULTURECommercially harvested or ‘farm’ raised fishmay be sold provided the seller does nothingmore to the fish than evisceration andmaintaining temperature control by use ofice, refrigeration or freezing.