Recently our office has had lots of questions about licensing a farmer's market with our office as well as inquiries about various "home-made" foods residents wish to sell.
A farmers' market - a location where producers congregate to offer food items for sale - is regulated by the Ohio Department of Agriculture (ODA), Division of Food Safety. As long as the market is registered with the ODA and the participants are only offering the exempt food items eligible to be sold at a farmers' market without a local health department license, the local health department has minimal involvement with the markets. A farmers' market is a great way to encourage buying locally grown produce in a consumer friendly setting!
The ODA Food Safety website has a web page that specifically addresses farmers' markets rules and exemptions. The foods listed as being exempt from local health department licensure when sold at a farmers' market include:
- fresh unprocessed fruits or vegetables;
- maple syrup, sorghum, or honey [properly labeled];
- properly labeled products of a cottage food production operation; and
- Commercially prepackaged food that is not potentially hazardous, on the condition that the food is contained in displays, the total space of which equals less than one hundred cubic feet on the premises where the person conducts business at the farmers' market.
(The local health department will conduct inspections of food vendors offering food items that are NOT EXEMPT.)
The above list mentions cottage foods - also a type of food category that is exempt from local health department licensure. A cottage food is a non-potentially hazardous food made in a person's home and includes bakery products, jams, jellies, candy, fruit butter and similar products. Even though the foods are exempt from licensure, they still must be properly labelled. (Note that home-canned fruits and vegetables and home-made salsa are not listed as an allowable food product exempt from licensure.)
The ODA Food Safety website also provides links for more information about the Cottage Food operations. Included on their website is a great link to a "Sample Label" that makes it easy to see if your home-baked cookies or brownies have all the required information on the label. (Labelling is extremely important for consumers with food allergies!)
Our office is always happy to assist anyone with questions about food safety and whether or not a license from our office is required. We also have access to the other agencies to connect you to the right individual if you are seeking licensure with another entity. And if you are asked to participate in a farmers' market but wish to include foods that are not listed as exempt - we can help you become properly licensed to ensure that the farmers' market is operating as required by the Ohio Department of Agriculture.
For more information please contact the Crawford County General Health District at (419)562-5871 or by email at: Environmental@crawford-co.org
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