Frequently Asked Questions
- Can I sell fresh produce?
- I want to be a produce vendor. Is there information to help me get started?
- How do I know what to charge for my produce?
- Can I sell farm fresh eggs?
The marketing of farm fresh eggs to the general public at farmers markets requires egg producers to obtain a Class A Egg-Dealer Candling/Grader license from the SD Department of Agriculture (DOA). The application can be obtained at the SD DOA website.
For more information: https://igrow.org/up/resources/04-2001-2014.pdf
- Can I sell farm fresh/frozen meat?
Producers selling meat from their farm at a farmers market or other venue need to be in compliance with a number of state and federal regulations. The Federal Meat Inspection Act regulates meat processing in the US and compliance is conducted by the Food Safety Inspection Service (FSIS). The South Dakota Animal Industry Board (SDAIB) has authority over red meat produced and sold within the state. The following is relevant to meats including, but not limited to, cattle, bison, goat, sheep, swine, ratites (emu/ostrich) and captive cervidae (deer, reindeer, elk, antelope) and their meat food products. For meat guidelines and contact information refer to the SDSU iGrow publication Regulatory Requirements for Selling Meat at Farmers Markets.
- Can I sell home-canned goods?
The “home-processed foods law” allows the following home-processed food to be sold at a farmers market, roadside stand, or similar venue:
Home-canned foods having an equilibrium pH value below 4.6 and meeting standards that destroy bacteria, yeast, and molds to a required
level.
Examples may include but are not limited to:
acid foods—jams, jellies, fruit syrups and most fruits, acidified foods (pickled/fermented) that also have a water activity greater than 0.85—pickled/fermented vegetables, salsas, chutneys, flavored vinegars, tomatoes having a pH that borderlines between low-acid and acid due to growing conditions and variety; therefore, acidification would be necessary, fermented foods–sauerkraut and pickles.
All products must have official verification from a third-party processing authority in writing.
All products must be properly labeled.
Dried herbs, fruits and some vegetables are allowed for sale. They do not require approval from a third party processor.
- Can I sell baked goods?
Home-baked Foods Allowed to be Sold
Baked goods that do not require refrigeration may include but are not limited to lefse, bread, rolls, fruit pies, candies and confectioneries, cakes and cookies.
Home-baked Foods Not Allowed to be Sold
Baked foods that require refrigeration for safety may include cream or custard filled pastries such as kuchen, pumpkin pie, and flan. This pertains to custards or cream fillings that commonly contain dairy products, eggs or certain soy products.
- How do I have to label my goods?
• Name of product
• Name of producer and contact information
• Date the product was made or canned
• Ingredients (list ingredients in the product from the largest to the smallest in net weight or volume; actual weight or volume of ingredients do not need to be listed)
• Disclaimer that states the following: “This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish.”
•SDSU (South Dakota State University) CANNOT be on your label. A statement regarding tested for safety is NOT allowed. SDSU (and other
processing authorities) only verify your process for safety. They do not deem that a specific food is safe. SDSU or other processing authorities do not have daily control over the food produced in your kitchen (home or licensed).
For labeling, use a font size that is prominent, conspicuous, and easy to read.
Please review this for further information on canned goods, labeling, and testing: http://igrow.org/up/resources/04-2004-2013.pdf
- I want to grow and sell Organic. Where do I start?
- How do I go about selling food at the Market?
Any foodservice establishment operating in a fixed location for a temporary period of time is considered a temporary foodservice. A typical example may be at the fair, carnival, circus, public exhibition or similar transitory gathering such as a farmers market. If a farmers market, as a non-profit* organization offers a free community meal to promote their market, they do not need to obtain a temporary foodservice license. However, if a vendor, or group of vendors, provides a meal or food item for sale or give-away that must be temperature controlled, they will need to obtain a temporary license. Vendors are not considered non-profit. However, the farmers market is often registered as a non-profit entity.
- *Non-profit organizations are defined as any governmental organization, church, fraternal, social, school, youth, or other similar organization that is organized and operated for a common good and not for the specific monetary gain of any person or persons.
- A youth organization holds a brat feed at the farmers market to raise funds for a family that has experienced a hardship or for their organization.
- A farmers market sells tickets for a community meal at the farmers market to get people to come to the market or to promote the market. The ticket sales cover the costs of the meal. Any funds generated from the meal are for the farmers market as a non-profit organization. The funds do not go directly to the vendors.
- A farmers market serves sweet corn to the people that visit the market.
The temporary foodservice applications must be submitted to the SD Department of Health 14 days prior to beginning operation. To determine compliance with all requirements set by the Department of Health, an inspection may be conducted at each stand by a state inspector with the Department of Public Safety or Department of Health.
A license fee for a temporary foodservice license is $38 (2015 fee schedule). The license is valid only at the event or location at which it is used for a period of two weeks. As a general rule, the Dept. of Health will only issue 3 consecutive licenses to a person or vendor. At that point, the vendor should consider a regular license or a mobile food stand license.
In summary, nonprofit organizations are exempt from obtaining a temporary foodservice license. However, they are not exempt from inspection. Non-profits can be inspected to insure safe food handling practices for the general public. Farmers markets as well any other type of non-profit venue are selling or distributing foods to the general public, therefore they are not exempt from inspection even though they do not need to obtain a temporary foodservice license.
- See more at: http://igrow.org/healthy-families/food-safety/temporary-food-stands/#sthash.qqS0bekT.dpuf
If you have any questions that you did not see answered here, please contact us and we will respond to you as quickly as we can.
Works Cited
Burrows, Rhoda. "Farmers Market Online Guidebook: Development, Operation, Promotion, Safety, Regulations." IGrow. SDSU Extension, 30 Nov. 2015. Web. 11 July 2016.
Burrows, Rhoda. "Farmers Market Online Guidebook: Development, Operation, Promotion, Safety, Regulations." IGrow. SDSU Extension, 30 Nov. 2015. Web. 11 July 2016.