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2 Montana Department of ICULTURE Farmers Market Frequently Asked Questions Q: What foods are considered potentially hazardous? A: Potentially hazardous foods require licensing before selling at falmers' markets. These foods include cut melon, raw seed sprouts, garlic in oil preserves, a food of animal origin that is raw or heated, and a food of plant origin that is heat-treated. Contact your local county sanitarian for more information on licensing requirements. Q: Do vendors need a special license to sell at farmers' markets? A: In general, vendors do not need a special license if they are selling raw and unprocessed farm products such as fruits and vegetables, baked goods, or fruit preserves. To learn more about health and safety regulations applying to farmers' markets, contact your county sanitarian. Q: Can vendors with processed vegetables sell at farmers' markets? A: Any products that include processing of the vegetables (canning, cooking, preserving, peeling, dicing, cutting, etc.) must be approved through the county sanitarian and licensed by the state health department before being sold to the public. Q: Can vendors sell baked goods at farmers' markets? A: Baked goods that are NOT potentially hazardous foods subject to spoilage (breads, pastries, cookies, etc.) may be sold at farmers' markets without a license. Baked goods that require refrigeration (cream pies, cream filled pastries, cheesecakes, custard pies, etc.) are considered potentially hazardous and may NOT be sold at farmers' markets. With any questions, contact your county sanitarian. Q: What do vendors have to do to sell fresh meat at farmers' markets? A: Meat sellers who have processed their meat in a state inspected facility must then apply to the county sanitarian for a retail meat market license. Additional licensing may be required by the Montana Department of Livestock's Meat & Poultry Inspection Bureau depending on the situation, (406) Q: How can vendors sell farm fresh eggs at farmers' markets? A: Eggs are required to be kept under refrigeration at 45 degrees or cooler, and cannot be sold in reused cartons. Vendors are encouraged to contact their county sanitarian and the Montana Department of Livestock's Milk & Egg Inspection Bureau, (406) htlp:llagr.mt.gov/agr/programs/farmersmarkets/f AQs.html

3 Q: Can vendors sell jelly at farmers' markets? A: A license is not required to sell fruit or berry jams, jellies, compotes, fruit butters, fruit syrups, marmalades, or similar products at farmers' markets. With any questions, contact your county sanitarian. Q: Can vendors sell honey at farmers' markets? A: All beekeepers are required to register with the Montana Department of Agriculture. Vendors selling honey directly to customers at a farmers' market or roadside stand are exempt from state licensing requirements. However, if sales involve processing, packaging, and distribution to other channels, licensing is required through the Montana Department of Public Health & Human Services - (406) Q: What vendors can claim that their products are organic a~ farmers' markets? A: To claim products as "organic," the products must have been grown and handled according to national organic standards. Most operations' products must be "certified" organic before organic claims can be made. Contact the Montana Department of Agriculture's Organic Certification Program with questions, (406) Q: Are there any special requirements for vendors selling products by weight at farmers' markets? A: If vendors are selling products by weight, the scales used must be licensed and inspected annually by the Bureau of Weights & Measures, (406) Contacts Angelyn DeYoung Montana Department of Agriculture 302 N Roberts Helena, MT Phone: (406) Fax: (406) Published: Wed May 1112:03:00 MDT Last Modified: Tue Dee 2714:10:26 MST 2011 Local Sanitarian City-County Health Department 115 4th S1. South Great Falls, MT (406 )

4 2013 CASCADE COUNTY COMMUNITY FARMER'S MARKETS Items PERMITTED FOR SALE at an Authorized Farmers market (Exempt from State Licensure) A. Raw and unprocessed farm products means fruits, vegetable, and grains sold at a farmer's market in their natural state that are not packaged and labeled and are not: cooked, canned, preserved (except for drying), combined with other food products, or peeled, diced, cut, blanched, or otherwise subjected to value-adding procedures. Placing items in unsealed bags or pre-weighted bunches are acceptable methods of presentation for sale (e.g., carrots, apples, huckleberries). Examples of exempted products include fruits, vegetables and grains, in their natural state include: un-shucked com, unshelled peas, uncut fruits and vegetables (fresh or dried), cabbage, raw carrots, etc. Fruits and vegetables may not be placed in sealed packaging. B. Preserves means processed fruit or berry jams, jellies, compotes, fruit butters, marmalades, chutneys, fruit aspics, fruit syrups, or similar products that have a hydrogen ion concentration (PH) of 4.6 or below when measured at 24 degrees C (75 degrees F.) and that are aseptically processed, packaged, and sealed. The term does not include tomatoes or food products containing tomatoes, or any other food substrate or product preserved by any other method than that described above. c. Baked goods means breads, cakes, candies, cookies, pastries, and fruit pies that are not potentially hazardous. Home baked goods are allowed, if no temperature control is needed, including most breads, cakes, pies, etc. This does NOT include any potentially hazardous foods such as cream pies, cheesecake, meringue pies, cream filling, custard, whipped cream or other ingredients which may support rapid growth of bacteria. NOTE: Sampling or distribution of unwrapped exempted food items requires a handwash station, sanitizer bucket, and prevention of bare hand contact with food items. D. Herbs are considered a vegetable and thus a raw farm product. packaged beyond field trimming and drying. They may not be processed or E. Unprocessed honey, still in the comb, may be sold without licensure. F. Hot coffee or hot tea can be sold or provided but cannot be served or prepared with fresh milk or cream. G. Whole shell can be sold at a farmer's marked but must be clean, free of cracks, stored in clean cartons, labeled with the name and address of the of the source, and maintained below 4SoF. These Rules are compiled from the following Montana State and local regulations: ARM MCA MCA MeA

5 2013 CASCADE COUNTY COMMUNITY FARMER'S MARKETS Items REQUIRING local health department approval and a STATE PURVEYOR LICENSE prior to sale and an Authori~ed Farmers Market A. Sliced or processed fruits, vegetables. B. Home canned vegetables or pickled items are prohibited. Other prohibited items include garlic and oil mixtures, bottled vinegars, pepper jellies, mango jellies, tomato jellies and other variations of jellies that are not naturally acidic. These ARE NOT exempt from licensure and MAY NOT be sold at farmers market without a license. c. Milk, cheese, and dairy products are potentially hazardous foods and must come from a licensed facility. If you wish to sell them at a farmer's market you will need to be licensed as a mobile food service with on board mechanical refrigeration and other conditions needed for licensure depending on the foods sold. D. Poultry, Meat, Seafood or other Perishable Foods, cannot be sold retail at a farmer's market unless the vendor is a state licensed mobile units. Licensed mobile units with unpackaged foods must have all of their plumbing functional during all times of operation. Mobile meat vendors approved only for frozen packaged meat sales must operated in accordance with their approved plans for storage and transportation and the product remains packaged at all times during their sales operation. E. Food or beverages that are not prepackaged by the licensed commercial manufacturer (excluding hot coffee or hot tea not served with fresh milk or cream). F. All other processed or potentially hazardous food not addressed above must be prepared and distributed from a licensed facility for service to the public. G. Processed honey, cider, etc. must be packaged in a licensed and inspected processing facility and have approved labeling indicating source. These Rules are compiled from the following Montana State and local regulations: ARM MeA MCA MCA

6 FREQUENTLY ASKED QUESTIONS: 1. Question: Are Salsas, Pickles, Salad Dressings, Herb-in-Oil/Vinegar Mixtures, Sauerkraut, Pepper Jelly, etc, considered to be "Preserves" and exempt from licensure for sales at farmer's markets? Answer: None of the products listed above qualify as "Preserves" as defined in MCA, and as such are required to be processed by a known/inspected operator and usually require local approval and state licensure to distribute products at a fanner's market. Retail licensure would not be required of a known or licensed wholesale firm distributing shelf-stable/non-perishable products at retail. 2. Question: Are Cream Puffs, Cream Pies, Pumpkin Pies, Custard Pies, Cream or Pudding Filled Pastries, Cheesecakes, considered "Baked goods" and exempt from licensure for sales at farmer's markets? Answer: All of the products would be considered to be "Potentially hazardous foods" as defined in state statute, and as such would require local approval and state licensure to distribute these products at a farmer's market. 3. Question: I want to sell my processed Poultry/ Meats at the farmer's market. What do I need to do? Answer: A retail license is needed from DPHHS to distribute these types of products at the farmer's market. DPHHS would recommend that you contact the state Department of Livestock Meat Inspection Bureau first to find out their requirements for slaughter and processing, and then contact your local sanitarian to receive information on their requirements to become a licensed retail meat market 4. Question: I manage a licensed/regulated restaurant/grocery store/sphool food service/institutional food service/food manufacturing plant, etc., and want to use as many lodally produced foods as possible. What can I get at the farmer's market that I could use in my establishment? Answer: Only produce that qualifies as "Raw and unprocessed farms products" as defined in MeA. DPHHS recommends that establishments providing food to the public procure raw produce from safe sources. We recommend that produce be procured from growers that have implemented a voluntary Good Agricultural Practices plan or a safety plan that meets the purchasing requirements of the estabiislunent, especially for produce that will be consumed raw. Operations serving a «Highly Susceptible Population" as defined in ARM (31) should pay special attention to this recommendation. All other locally produced foods are required to be procured from known/inspected, or licensed wholesale firms. Seed sprouts are considered to be a processed food product and must be procured from licensed/inspected producers. SOME HELPFUL WEBSITES: gov/farmersmarkets/default.asp -ag/farmers-marketl

7 State Laws Montana Codes Annotated (MCA,) 50~ Definitions. Unless the context requires otherwise, in this chapter, the following definitions apply: (1) "Baked goods" means breads, cakes, candies, cookies, pastries, an~ pies that are not potentially hazardous foods. I_~ (5) "Farmer's market'~ means a farm pre~ises, a r?~dside stand owned Fd operated by a farmer, or an organized market authonzed by the appropnate municipal or county authority. (6) "Food" means an edible substance, beverage, or ingredient used, intended for use, or for sale for human consumption. I (14) (~) "Potentially hazardous food" means a food that is natural or synthetic and is in a form capable of supportlng:. I (i) the rapid and progressive growth of infectious or toxigenic microorganisms; or (ii) the growth and toxin production of Clostridium botulinum. I (b) The term includes cut melons, garlic and oil mixtures, a food of animal origin that is raw or heat-treated, and a food of plant origin that is heat-treated or consists of raw seed sprouts. (c) The term does not include: (i) an air-cooled, hard-boiled egg with intact shell; (ii) a food with a hydrogen ion concentration (PH) level of 4.6 or below when measured at 24 degrees C (75 degrees F); (iii) a food with a water activity (aw) value of 0.85 or less; (iv) a food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution; or (v) a food for which laboratory evidence is accepted by the departmen~ as demonstrating that rapid and progressive growth of infectious and toxigenic microorganisms or the slower growth of Clostridium botulinum cannot occur. I (15) (a) "Preserves" means processed fruit or berry jams,jellies, compotes, fruit butters, marmalades, chutneys, fruit aspics, fruit syrups, or similar products that have a hydro.g~n ion concentration (PH) of 4.6 or below when measured at 24 degrees C (75 degrees F) and that are aseptically processed, packaged, and sealed. (b) The term does not include: (i) tomatoes or food products containing tomatoes; or (ii) any other food substrate or product preserved by any method other Ithanthat described in subsection (15)(a). (16) "Raw and unprocessed farm products" means fruits, vegetables, and grains sold at a farmer's market in their natural state that are not packaged and labeled and are not: (a) cooked; (b) canned; (c) preserved, except for drying; (d) combined with other food products; or (e) peeled, diced, cut, blanched, or otherwise subjected to value-adding procedures.

8 Department authorized to adopt rules -- advisory council. (11) To protect public health, the department may adopt rules relating to the operation of estabhshments defihed ill , including coverage of food, personnel, food equipment and utensils, sanitary facilities and controls, construction and fixtures, and housekeeping. (2) (a) The department and local health authorities may not adopt rules prohibiting the sale of baked goods and preserves by nonprofit organizations or by persons selling baked goods or preserves at farmer's markets or EXLUSlVEL Y for a charitable community purpose. (b) The department and local health authorities may not require that foods sold pursuant to this subsection be prepared in certified or commercial kitchens. " Establishments exempt from license requirement - farmer's market records. (3) (a) A license is not required of a gardener, farm owner, or farm operator who sells raw and unprocessed farm products at a farmer's market. (b) A license is not required of a person selling baked goods or preserves a~a farmer's market.2! EXLUSIVEL Y for a charitable community purpose. I (4) (a) A farmer's market that is an organized market authorized by a muni~ipal or county authority shall keep registration records of all individuals and organizations that sell bake goods or preserves at the market. (b) The registration records must include but are not limited to the name of the seller, the seller's address and telephone number, the products sold by the seller, and the date the pro ucts were sold. ec) The registration records must be made available to the local health officer or the officer's agent SEE ALSO & 42 MCA Regarding Public Markets IN SUMMARY: Only products that qualify as "Raw and unprocessed farm products", "Baked goods", and "Preserves" can be distributed at a "Farmer's market" without a license. All other distributors of processed and value added food products, with few exceptions, are required to be approved by the local health authority and possess a current license from DPHHS to distribute foods at a Farmer's Market. A FEW EXCEPTIONS commonly seen at Farmer's Markets (with local approval): Farm Eggs: DPHHS has historically supported the USDA exemptibn for on-farm sales of whole shell eggs directly to the consumer, and at Fanner's Markets if acceptabl{ to the local health authority. DPPHS recommends that these vendors transport and display this p~oduct at 45 OF or colder, use only new cartons, and label the cartons with the statement "Ungraded Farm Eggs" along with the producers address. Honey: DPHHS has supported the sale of various forms of this type of product at local Farmer's Markets in the past, if acceptable to the local health authority. DPHBS recommends these vendors label their packaged products with the producers address. A FEW RECOMMENDATIONS for local sanitarians: Meet with the Market Managers from the Farmer's Markets in your jurisdiction before the start of the market season each year. Review the market rules, and remind all of their responsibilities in state law. Visit each Farmer's Market at least once each year and be available to Market Managers to answer questions if and when they arise. Contact the Food and Consumer Safety Section if there are quesfions or concerns regarding a particular product or situation ( ),

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