1. Farmer’s Markets: Approved Foods and Health Licensing
Jody M. Menikheim
Division of Facility and Process Review
Office of Food Protection and Consumer Health Services
So far,
Processing regulations have been promulgated
Provided food safety training for farmers
Farmers Market requirements written in draft
Training for Local county health departments

2. Regulatory History of Farmer’s Markets
1980 Interpretive Memo
Establish statewide uniformity
No license requirement
Sale of hermetically sealed home canned foods were prohibited
Sale of non-potentially hazardous baked goods made in a private home kitchen
Sale of home-made jams, jellies, preserves
Sale of foods not restricted to farmer’s markets
Sale of Jams, jellies, preserves sealed with a wax covering were permitted.
No mention of only fruit jams, jellies, preserves
H- Approving authority may accept other sources other then a food service facility and a food establishment as an approved source
Did not specify farmers only
Did not mention raw agricultural products
Included bake sales and similar events
A broad view of farmer’s markets

3. Regulatory History of Farmer’s Markets
1992 Interpretive Memo
Non-potentially hazardous baked goods
Hermetically sealed home canned food prohibited
Jams, jellies, preserves must be hot filled
Packaged to prevent contamination from dust, flies, or vermin
Products offered to the public must bear a label
Safe due to sugar content and high acidity of fruits
Baked goods must be wholesome, free from spoilage, filth
Wax covering prohibited
This memo added additional requirements from the 1980 memo.

4. Regulatory History of Farmer’s Market’
2001 Food Information Note
Limited the types of jams, jellies, preserves and butters that can be sold at a farmer’s markets
Defined a farmer’s market
Standardized process for fruit jellies and jams
Standardized process for fruit butters
Non-potentially hazardous baked goods
Foods: -Hot-filled fruit jellies, jams preserves, butters
Only fruit with a natural acidity of less than 4.6
-Non-potentially hazardous,inherent safety factors
-The foods had to be Wholesome
-Packaged and labeled properly
-Offered or sold only at farmer’s markets
Farmers Market is a place where one or more persons offer to sell to the public food products supplied directly from one or more farm operations; and the major activity involves the offering or selling of agricultural food products to the public.
Manufacturing pumpkin butter, banana butter, pear butter and pepper, tomato and rhubarb jellies would need a license.
This Food Note further narrowed the focus from the original 1980 memo.
Only talked about sales at farmers market
Home kitchen not limited to farm kitchens

5. Health agencies’ roles and responsibilities
Ensure public health by protecting food
Licensing, inspection, investigation, education, survey, and the development and enforcement of regulations
Risk assessment and management
-Protect public health by ensuring that the food is safe
-Objective is to get adulterated, misbranded and unlicensed foods out of the markets
-Target foods such as meats and acidified foods
-Reasonable expectation form consumer that the food is wholesome and safe
-Health departments use various tools to fulfill their legal mandate
-Risks that must be evaluated:
-Home processing
-Types of food- potentially hazardous vs non-potentially hazardous
-Point of sale

6. Regulation of food
Local health departments – retail food preparation and sales
State health department – processing, storage, and commercial distribution
FDA and USDA – interstate commerce
Regulation of food is divided among various agencies
Different approaches and procedures among States and within state
Different regulatory procedures among counties causes confusion for operators
Local jurisdictions depending on their form of government have the authority to write separate regulations

7. Defining a farmer’s market
Off-farm or on-farm
Centralized group or single stand
Foods do not have to come from a farm kitchen
Not a market for “cottage industry”
People have many opinions of what a farmer’s market is. Different people have different ideas.
-Verification for a farmer Submit Federal form 1040 F form
Farmers Market:
-Can be a single farm stand on a farm
-Location where a group of farmers gather to sell their goods
-A place where farmers and other licensed facilities sell all kinds of foods
Foods must be grown or made on a farm
Cottage industry:
-Not for non farmers producing jams, jellies, baked goods in their home kitchens
-Grandfathering possible for this group who has been part of a certified farmer’s market list
-Intent was to support farmers
-Farmers already involved in food
-Farmers understand good agricultural practices
For enforcement purposes it is necessary to specify what and what not will be is a farmer’s market

8. Defining a Farmer’s Market
Farmer’s Market means a place where a person offers one or more of the following food products to the public:
Raw agricultural products such as fruits, vegetables, and grains supplied directly from the farm.
Products processed in a private home kitchen located on a farm according to Regulation .27 (This will be amended in the revision to the regulations)
.27 Farmer’s Market and Baked Sales

9. Defining a Farmer’s Market
Products processed in a food processing plant licensed and operated according to COMAR that are not potentially hazardous and do not require refrigeration.
Eggs sold only on a farm that is in compliance with regulation .05H.
Farmers listening sessions identified the lack of consistency between state and counties and between counties as a major concern

10. No health license required and “approved source” acceptance
Fresh fruits and vegetables, grains, and unflavored honey
Jams, jellies, and butters made from acid fruits
Baked goods that are not potentially hazardous such as most breads and pastries
Acidified foods if from on-farm processor licensed in Maryland
Two aspects of a health license “source” and “point of sale”
Foods must come from an approved source
An approved source is usually a licensed facility or a facility accepted by the agency having jurisdiction
Authority comes from H
At the point of sale an additional license may be required.
When evaluating what is an approved source and whether a license is needed, the type of food and whether refrigeration is required should be considered.
These foods should still meet the minimum standards:
-Properly processed. Wholesome, and properly labeled

11. Health retail license required and document “approved source”
Foods other than those on preceding slide
Meats, poultry, eggs, and dairy products (milk, butter, cheese, ice cream, yogurt, etc.)
Low-acid and acidified canned vegetables and vegetable jellies
Pumpkin pies, cheesecakes, or pastries with cream cheese or custard filling or topping
The “Point of Sale” for these foods will not be a farmer’s market but will be considered instead a food service facility
A license may be required at the point of sale and where food is made
A farmer selling these foods will need a license unless the acidified foods were made on the farm with a license
Meats, poultry, eggs etc would require refrigeration
What kinds of refrigeration accepted

12. On-farm home processors and egg packers
On-farm home processor licensed by State may not require a separate local health license to sell foods made on-farm
Egg packer registered with the MDA may not require additional local or State health license to sell only their eggs on-farm
An on-farm processor can offer the shelf-stable food (acidified foods) made with a food processing license and still be considered a farmer’s market.

13. FEDERAL POULTRY REGULATIONS
PRODUCERS SLAUGHTERING LESS THAN 20,000 CHICKENS PER YEAR ARE EXEMPT FROM FEDERAL INSPECTION
NOT EXEMPT FROM COMPLYING WITH FEDERAL LAW
SLAUGHTER MORE THAN 1,000 BUT LESS THAN 20,000 MUST BE LABELED AS EXEMPT FROM PUBLIC LAW
PRODUCER CANNOT ENGAGE IN SLAUGHTER, BUYING OR SELLING OF POULTRY PRODUCT OTHER THAN FROM OWN PRODUCTION

14. FEDERAL MEAT REGULATIONS
NO EXEMPTIONS FROM INSPECTION FOR REGULATED SPECIES – CATTLE, SWINE, SHEEP, EQUINE, GOAT
EXCEPT – CUSTOM SLAUGHTER – SALE TO CONSUMER OF ENTIRE ANIMAL – MEAT CANNOT BE SOLD – ONLY FOR USE BY THE PURCHASER OF THE ANIMAL
CUSTOM SLAUGHTER FACILITIES ARE INSPECTED BY USDA QUARTERLY
PRODUCERS THAT HAVE THEIR ANIMALS SLAUGHTERED, PACKAGED AND LABELED AT A USDA INSPECTED FACILITY (NOT A CUSTOM EXEMPT FACILITY) CAN RETURN THE MEAT TO THE FARM FOR STORAGE IN A COMMERCIAL FREEZER THAT MAINTAINS A TEMPERATURE OF O DEGRESS OR LESS. MUST BE LICENSED BY DHMH.

15. FEDERAL MEAT REGULATIONS EXEMPT SPECIES
EXAMPLES - BISON, RABBITS
IF SLAUGHTERED AND PROCESSED WITHOUT INSPECTION, CANNOT BE SOLD OFF THE FARM
CAN BE INSPECTED UNDER USDA VOLUNTARY PROGRAM TO QUALIFY FOR OFF FARM SALES – MUST HAVE A LICENSE FROM DHMH AND COMMERCIAL FREEZER THAT MAINTAINS 0 DEGREES TO STORE ON FARM

16. PROPOSED MDA PROGRAM
MDA IS DEVELOPING A VOLUNTARY PROGRAM FOR POULTRY EXEMPT FROM FEDERAL INSPECTION AND EXEMPT SPECIES (BISON, RABBITS) TO BE SLAUGHTERED AND PROCESSED ON THE FARM
WILL REQUIRE TRAINING IN ANIMAL DISEASES AND SANITATION
ANNUAL INSPECTION TO ENSURE FOLLOWING THE REQUIREMENTS
PARTICIPANTS WOULD BE ACCEPTED AS AN APPROVED SOURCE BY DHMH – COULD SELL OFF THE FARM

17. Food Labeling
Common name of food, amount, name and address, and ingredient list
U.S. Food and Drug Administration
Regardless of the food, if the food is in packaged form a label bearing the following:
Common name of food
Ingredient list
Name and address of manufacturer
Net weight in english and metric
Perishable foods must be marked “Keep Refrigerated”
Food Safety
Allergies
Traceback