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 10.15.03 draft Training for Local county health departments

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 10.15.03.03H- 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

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.

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 10.15.04 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

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

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

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

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

Defining a Farmer’s Market Products processed in a food processing plant licensed and operated according to COMAR 10.15.04.19 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

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 10.15.03.03.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

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 10.15.14 license Meats, poultry, eggs etc would require refrigeration What kinds of refrigeration accepted

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.

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 90-492 PRODUCER CANNOT ENGAGE IN SLAUGHTER, BUYING OR SELLING OF POULTRY PRODUCT OTHER THAN FROM OWN PRODUCTION

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.

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

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

Food Labeling Common name of food, amount, name and address, and ingredient list U.S. Food and Drug Administration www.cfsan.fda.gov/~dms/flg-toc.html 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