What food can I sell at a Farmers’ Market without having to get a temporary retail food license from the Health Department? Fresh, whole fruits and vegetables, maple syrup, sorghum, honey, and commercially packaged foods that do not require temperature control (i.e. potato chips, snacks, candy, soda and canned items). You also may sell foods that are considered to be “cottage foods.” What are cottage foods? Cottage foods are foods produced in a person’s home and do not require temperature control when stored or displayed for sale. The list of approved cottage foods are as follows: • Non-potentially hazardous bakery products (cookies, cakes, brownies) • Jams, Jellies, Fruit butters, flavored honey, fruit chutney, maple sugar • Candy (no bake cookies, chocolate covered pretzels) • Granola, granola bars, granola dipped in candy • Popcorn, flavored popcorn, kettle corn, popcorn balls, caramel corn • Unfilled, baked donuts, fruit pies • Waffle cones, pizzelles • Dry cereal and nut snack mixes with seasonings • Roasted coffee, whole beans or ground • Dry baking mixes in a jar, including cookie mix in a jar • Dry herbs and dry herb blends • Dry seasoning blends • Dry tea blends
Do I need to do anything special if I am planning to produce cottage food? Yes. All cottage foods are required to have proper labeling informing consumers about the ingredients of the food and where it was produced. The label must include the name and address of the producer, the common name of the food being sold, the ingredients (including sub-ingredients) in descending order by predominance of weight, the net weight or volume, declaration of known common allergens, such as wheat, eggs, milk, soy, peanuts, tree nuts and fish, and the statement in ten-point type “This Product is Home Produced”.
What type of food can I sell if I obtain a temporary retail food license from the Health Department? You may sell all of the food items that are allowed without a license. You may also sell commercially processed packaged foods that require temperature control, USDA or ODA inspected eggs, raw meats from your farm that have been processed at a USDA or ODA inspected processing plant, and baked goods, produced in a licensed Home Bakery, that require temperature control (i.e. pumpkin pies, custard, meringue, pudding)
Are there any food items that I absolutely cannot sell at a farmer’s market? Yes. Examples of the types of foods you cannot sell include, but are not limited to Home-canned/low acid products such as:
Who can I contact if I have questions or concerns about a Farmers’ Market or if I want to get a temporary retail food license? Any member of the Delaware General Health District Food Safety staff will be glad to help in any way they can. Contact them at 740-368-1700. You may also call the Ohio Department of Agriculture Food Safety Division at 614-728-6250.