Farmers Markets Guidelines
Definition of a Farmers Market
From OAC title 310,Chapter 257-1-2
Farmers market means a designated area in which farmers, growers or producers from a defined region gather on a regularly scheduled basis to sell at retail nonpotentially hazardous farm food products and whole shell eggs to the public. A portion of the raw food ingredients used by the indiviual vendor to produce a product must have been grown or raised by the vendor. The indivual vendors wishing to process food as defined by Chapter 260 Good Maufacturing Practices regulations must obtain a state food processor's license.
A farmers market must have written operation guidelines and a minimum of six vendors, along with a designated market manager or advisory board who will be responsible for distribution of a copy of the guidelines to the vendors. Farmers markets must be regstered by the the Oklahoma Department of Agriculture, Food and Forestry and comply with the Food Service Establishmnt Regulations OAC 310:257, and/or Good Manufacturing Practice, OAC 310:260. This definition does not incude individual farmers who grow and sell unprocessed fruit and/or vegeables from the farm, roadside or truck. Any vendors who prepare or sell any potentially hazardous food at the farmers market must abide by all applicable sections of Food Service Establishments, OCA 310:257 of the regulations including acquiring a license from the department.
- All meat at a farmers market must be sold from a licesned mobile unit.
- Eggs must be properly graded and labeled as per Oklahoma Department of Agriculture, Food and Forestry. (ODAFF) rgualtions, held at 45 degrees F
and cannot be sold if older than 45 days.
- All dairy products must be produced in an Oklahoma Department of Agriculture licensed facility.
- All Time/Temperature Control for Safety foods mst be maintained at proper temperature, even if pre-sold.
- No temporary licenses will be issued at farmers markets.
A license from the Oklahoma State Department of Health and/or the local municipality will be required in the following cases:
1. The grower or farmers sells fruits and vegetables which he/she has purchased or consigned from another grower or other source (public market, etc.)
or any other products that have not been grown by him/her. Any third party sales. All products being re-sold require a license from the Oklahoma
State Department of Health.
2. Mobile Food Service units must be licensed and regularly inspected. Mobile units must have name and license # posted on unit.
3. Vendors selling prepackaged pasteurized milk produced from their own ODAFF-certified dairy.
4. Selling of packaged or processed foods.
A license will NOT be required in the following instances. These rules are valid only at farmers markets registered with ODAFF:
1. A vendor selling only whole produce he/she has grown.
2. A vendor selling properly-graded eggs produced on their own farm, with a cerificate from ODAFF.
3. Made in Oklahoma processed/manufacutred food products, provided they meet the folowing conditions:
* Prepared in an OSDH licensed facility under their individual processor/manufacturer license.
* Vendor is selling only their own products (with a portion of the raw food ingredients used by the individual vendor to produce a product must have
been grown or raised by the vendor).
1. Products must be sold whole and stored/displayed off the ground.
2. Products must be from a source approved by the Oklahoma State Department of Health.
3. Products must be protected from contamination from outside sources such as pests, stagnant water, mishandling, etc. Products shall not be stored in
contact with the ground, floor, or in dirty/contaminated containers.
4. Spoiled or decomposing produce is not permitted at the market.
5. Washing/cleaning of produce must be in a manner consistent with the Good Manufacturing Proactices (OAC 310:260). Potable water supplies must
meet ODEQ and OSDH requirements. Waste water from such washing/cleaning must be disposed of in a manner not to create a nuisance or public
6. Cut fruits and vegetables for display must be kept in a manner that does not create a nuisance or public health hazard (i.e., attracting pests.)
7. No sampling of any kind is allowed without approval from OSDH, and must meeet the following sampling requirements.
* Samples must be prepared in an OSDH or ODAFF licensed facility.
* Food handlers serving samples must have access to a hand wash station.
* Dispensing of samples must be through the use of clean, sanitized utensils, single-use utensils, or single-use gloves covering clean hands (no bare
hand contact with ready to eat foods)
* Only individual single use portion containers may be used. No community use containers.
* Proper protection from contamination is required (i.e., sneeze guards, plastic covering, etc.)
* Approved samples must be transported to the market in clean, sanitized containers that adequately protect the samples from the elements, changes
in temperature (if a Time/Temperature Control for Safety food), and any other sources of contamination.
* Food must be in good, sound condition, free from spoilage, filth, or other signs of contamination.
If you have further questions. You may contact Gary Reavis, Health Inspector, Oklahoma Department of Health. 580-256-6416.