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HomeMy Public PortalAboutFarmer's Market PolicyTOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 1120 FAX: (508) 896-4538 BRHEALTH@BREWSTER-MA.GOV 1 OFFICE OF HEALTH DEPARTMENT BREWSTER BOARD OF HEALTH FARMERS’ MARKET POLICY Traditionally, a farmers’ market is a market, consisting of two or more vendors that promote and sell whole products grown by participating farmers. Some farmers’ markets have expanded or evolved into retail food operations offering processed foods. The presence of these vendors creates a shift in the focus of the market from a traditional farmers’ market into more of a retail market. These vendors may retail foods prepared at food service establishments, food processors, residential kitchens and or mobile food units. Some vendors may retail food prepared, portioned, or sampled on site. It is the responsibility of the Board of Health to protect the public from Foodborne Illness through the promotion of sound public health principles including proper food sanitation practices, adequate food storage, and proper display of food. It is the opinion of the Board of Health that all vendors selling or serving for sample food items other than whole food farm products must meet the requirements of the State and Federal Food Code including requirements for food handling and licensure. DEFINITIONS Farmers’ Market: A public market, consisting of two or more vendors, for the primary purpose of connecting and mutually benefiting local farmers, communities and shoppers while promoting and selling whole farm products grown by participating farmers. A farmers’ market may also include “value added products” and other prepared products as permitted by the Board of Health. Farmers’ Market Limited Food Service Permit: A document issued by the regulatory authority that authorizes a market approved vendor to prepare, portion, or offer for sample, food at the open market. Food demonstrations may be included. A Farmers Market Limited Food Service Permit is restricted to limited food preparation at a farmers’ market that is registered with the Board of Health. Farmers’ Market Manager: An individual or committee who is responsible for overall market management; develops a site plan of the market showing the location of food vendors, hand washing stations, restroom and refuse facilities, maintains a master list of all proposed vendors, and monitors and oversees the adequacy of refuse and restroom facilities. Farmers’ Market Registration Form: A form completed by the Farmers’ Market Manager. Farmers’ Market Retail Food Permit: A document issued by the regulatory authority that authorizes a market approved vendor, to sell value added pre-packaged food product at the open market. Farmers’ Market Whole Farm Product Registration: A form completed by a market approved vendor to sell whole farm food products. Federal Food Code: Food and Drug Administration 1999 Food Code. 2 Mobile Food Establishment: A self-contained food service operation located in a vehicle or push cart (self – or otherwise propelled) used to store, prepare, display or serve food for individual portion service. A Mobile Food Establishment must meet the criteria set forth in 105 CMR 590.000. State Food Code: For the purpose of this policy the State Food Code refers to 105 CMR 590.000 State Sanitary Code Chapter X – Minimum Sanitation Standards for Food Establishments. Value Added Products: A whole farm product that has undergone a change in physical state or was produced in a manner that enhances its value or expands the customer base of the product. Whole Farm Food Products: Whole farm products include;  Fresh Produce (fresh uncut fruits and vegetables)  Unprocessed honey (raw honey as defined by the National Honey Board: Honey as it exists in the beehive or as obtained by extraction, settling or straining without adding heat)  Maple syrup  Farm fresh eggs (must be stored and maintained at or below 45﮿ F (7.2﮿C) GENERAL REQUIREMENTS  Registration: All farmers’ markets, as defined above, in Brewster must register with the Board of Health.  Designation of Market Manager: All farmers’ markets must designate a Market Manager who will be responsible for: Overall market management and on-site market set up, meeting with the Board of Health on an annual basis prior to the opening of the farmers’ market, developing a site plan of the market showing locations of food vendors, hand wash stations, restroom and refuse facilities, presenting potential vendors or new products from existing vendors, maintaining a master list of all proposed vendors, overseeing and monitoring the adequacy of refuse and restroom facilities.  Physical and Sanitary Facilities: If restrooms and handwashing facilities are not permanently available at the market site, the market must provide portable restrooms and handwashing facilities for use by the vendors. The market may require vendors handling exposed unpackaged food to provide their own hand wash station.  Approved Source: Value Added products/processed foods sold at a farmers’ market must be manufactured in a licensed food processing facility, a licensed food establishment, or a licensed residential kitchen. Copies of residential kitchen permits, retail food establishment permits or food manufacturing licenses where the food was prepared shall be submitted to the Board of Health along with the vendor’s application.  Annual Review by the Board of Health: Prior to the start of each market season the market manager shall meet with the Board of Health to review the operations of the market. This review must include the location, dates, time of the operation, the vendors and their associated proposed food products and a market site plan. All farmers’ markets in Brewster must be reviewed and approved by the Board of Health for the following purposes:  To review the products to ascertain if they meet the definition of Whole Farm Products as defined above.  To review the products to ascertain if the market proposes the sale of foods other than Whole Farm Product.  To access the market’s availability of physical facilities including handwashing, restroom, and refuse facilities and dust control.  To review procedures being put in place to assure that all food product being offered can be done in a safe and sanitary manner and in compliance with the State and Federal Food Codes. 3  To review and approve the market’s vendor list authorized by the Market Manager. The approved vendor’s list shall identify the vendor’s name, address, and product to be offered at the farmer’s market. BOARD OF HEALTH RESPONSIBILITIES:  To review and approve all required food service licenses and registrations needed for participation at the farmers’ market.  To establish annual conditions for farmers’ market food vendors  To evaluate non-food items to determine if they create a conflict with the safe storage, display, and sale of food products.  To conduct timely inspections to insure compliance with state and federal food codes as well as the Brewster Board of Health Farmers’ Market Policy. REGISTRATION/PERMIT TO OPERATE: The following registrations/permits are required prior to the operation of a farmers’ market in Brewster. All potential farmers’ market vendors requesting to receive Board of Health approval must be authorized by the Market Manager. Registration/permit applications shall be submitted for review two (2) weeks prior to the market event. All permits shall be granted to a specific applicant for a specific farmers’ market and are subject to fees and conditions as established by the Board of Health. Permits shall be issued annually and shall expire on December 31st of the issuing year. A. FARMERS’ MARKET REGISTRATION – All farmers’ markets shall register with the Board of Health on a form furnished by the Board of Health. B. FARMERS’ MARKET WHOLE FARM PRODUCT REGISTRATION – All farmers’ market whole farm product vendors shall register with the Board of Health on a form furnished by the Board of Health. C. FARMERS’ MARKET RETAIL FOOD PERMIT - All vendors participating at a farmers’ market who sell value added pre-packaged food product are required to obtain a Farmers Market Retail Food Permit. This permit is conditioned upon the following: 1. All products to be retailed must be approved by the Board of Health. 2. The permit is only valid for the farmers’ market that it is approved for. 3. All vendors must comply with all applicable requirements of the State and Federal Food Codes. 4. All food items must be prepared in a licensed food establishment. 5. All vendors must operate from a licensed base of operation. 6. All Farmers’ Market Retail Food Vendors must meet the Department of Public Health’s food labeling requirements set forth in 105 CMR 520.00. D. FARMERS’ MARKET LIMITED FOOD SERVICE PERMIT – All vendors participating at a farmers’ market who prepare, portion or offer for sample, (including cooking demonstrations) are required to obtain a Farmers Market Limited Food Service Permit. This permit is conditioned upon the following: 1. A Farmers’ Market Limited Food Service operation shall comply with all applicable requirements of the Federal Food Code, except as otherwise provided in 105 CMR 590.009(C). The Board of Health may impose additional requirements to protect against health hazards related to the conduct of the Farmers’ Market Limited Food Service operation and may prohibit the sale of some or all potentially hazardous foods. 2. Whenever a Farmers’ Market Limited Food Service operation is permitted to prepare exposed foods without complying with all the requirements of 105 CMR 590.000, the following requirements are applicable: Only those foods requiring limited preparation shall be prepared or served. The preparation of potentially hazardous foods including pastries filled with cream or synthetic cream, custards, and 4 similar products and salads or sandwiches containing meat, poultry, eggs or fish is prohibited. This prohibition does not apply to the service of any potentially hazardous food that has been prepared and packaged under conditions meeting the requirements of 105 CMR 590.000; is packaged in individual servings; is stored at or below 41 degrees or at or above 140 degrees in facilities meeting the State and Federal Food Code requirements for storage, display, and transportation and is served directly in the unopened container in which it was packaged. 3. All limited food service vendors must have a designated Certified Food Protection Manager/Person in charge, as defined by the State and Federal Food Codes, on site at all times during the farmers’ market. 4. A convenient, easily accessible (within 25 feet) handwashing facility must be available for employee handwashing whenever handling unpackaged exposed foods. This facility shall consist of at least sufficient warm running water, soap, and individual paper towels. The Board of Health may approve the use of chemically treated towelettes in lieu of handwashing facilities if only non-potentially hazardous foods or nonperishable foods are prepared and served and there is no bare-hand contact. 5. All Farmers’ Market Limited Food Service vendors shall provide only single service articles for use by the consumer. 6. All sewage, including liquid waste, shall be disposed of according to law. 7. All products to be served must be approved by the Board of Health. 8. The permit is only valid for the farmers’ market that it is approved for. 9. All vendors must operate from a licensed base of operation. 10. The holder of a Farmers’ Market Limited Food Service Permit will be permitted to sell pre-packaged value added products without the need of a separate Farmers’ Market Retail Food Permit. E. MOBILE FOOD VENDORS – All mobile food vendors authorized by the Market Manager, and licensed to operate in Brewster, may within the restrictions of its permit, prepare, portion, sell or give away food at the farmers’ market. F. SALE OF ALCOHOL – The sale of wine, beer, or other alcoholic beverages is subject to the approval of the Town of Brewster Select Board, the Massachusetts Department of Agricultural Resources, and the Alcoholic Beverage Control Commission. G. SALE OF CRUSTACEANS AND OR FINFISH - Vendors selling crustaceans, and or finfish must submit copies of valid and current permits including a Retail Seafood Dealer Permit from the Department of Marine Fisheries (DMF) along with the local board of health permit from their base of operation or a Retail Seafood Truck Permit from the DMF. A Retail Seafood Truck Permit allows the permit holder to use the permitted truck at various locations within Massachusetts with the same retail truck permit with the approval of the local Board of Health. However, when finfish and crustaceans are transported in private vehicles and sold at a booth at a farmers’ market (i.e., not directly from a permitted seafood truck), a separate Retail Seafood Dealer Permit is required for each vendor and each market location. These vendors must obtain a Farmers’ Market Retail Food Permit. H. SALE OF SHELLFISH – Vendors selling shellfish must be licensed wholesale shellfish dealers working from a licensed base of operation. Shellfish growers who are not licensed wholesale seafood dealers, may sell shellfish at farmers’ markets if they are affiliated with, or act as an employee of, a licensed wholesale seafood dealer, and operate under the licensed wholesale dealer’s state Department of Marine Fisheries (DMF) wholesale permit. This permit is jointly issued with MDPH. Vendors must submit a copy of a valid current state DMF Retail Seafood Permit. These vendors must obtain a Farmer’s Market Retail Food Permit. A written operational and HACCP plan must be submitted. Verification must be provided that the vehicle used to transport shellfish to the farmers’ market is insulated and mechanically refrigerated and must be identified with the name and permit number of the permit holder. Verification must also be provided that the shellfish offered for sale at the farmers’ market will be held 5 under appropriate temperature controls. Vendors selling shellfish must have shellfish tags available on site and maintained for a minimum of ninety (90) days. I. SALE OF MEAT OR POULTRY – Meat must be slaughtered in a federally inspected facility. These facilities are also licensed by the Food Protection Program (FPP). The vendor must submit a copy of the facilities registration license number. USDA inspected meat products must bear the mark of inspection on each retail package. Poultry may be processed in a USDA facility or a state only licensed facility (Mobile Poultry Processing Unit) if the processor is working under the exemptions allowed in the USDA Poultry Act. These vendors must obtain a Farmers’ Market Retail Food Service Permit. Meat and poultry products must be maintained and sold frozen. J. FOOD DEMONSTRATIONS: If no food samples are going to be provided to the public, a farmers’ market authorized vendor may, with Board of Health approval, conduct food preparation demonstration at the farmers’ market. A vendor may offer samples to the public, only if the vendor obtains a Farmers’ Market Limited Food Service Permit. PROHIBITIONS 1. The sale of certain food items if in the Board’s opinion cannot be prepared, transported, displayed and sold in a manner that meets regulatory standards and or maintains product quality is prohibited. 2. The sale of live animals, other than lobster or shellfish is prohibited at farmers’ markets. 3. Vendors are not allowed to bring their dogs to the farmers’ market. 4. The sale of any smoking blend, nicotine delivery device, or any smoking product is prohibited at the farmers’ market. 5. Raw (unpasteurized) milk is not allowed for sale at farmers’ markets in accordance with 105 CMR 590.000. 6. Potentially Hazardous Foods cannot be prepared in a residential kitchen and must be prepared in a licensed commercial kitchen. 7. Any item, which by its presence at the farmers’ market creates a conflict with the safe storage, display and sole of food products is prohibited. BREWSTER BOARD OF HEALTH CONDITIONS FOR FARMERS’ MARKETS & FARMERS’ MARKET FOOD VENDOR 1. Registration and permit applications shall be submitted for review two (2) weeks prior to the market event. 2. Food Permits must be posted on-site along with other applicable permits. 3. Only foods approved by the Brewster Board of Health or its Agent may be sold. Examples include but are not limited to the following: a. Herbed vinegars are allowed with proper permitting – vinaigrettes, and garlic or herbs in oil are not permitted. b. Baked goods are allowed with proper permitting – cream filled pastries or other baked goods with potentially hazardous fillings or toppings are not allowed. c. Jams and jellies are allowed with proper permitting – perishable foods that require refrigeration, such as cut fruit and vegetables, tomato and barbeque sauce, pickled products, salsa, relishes, salad dressing and apple sauce are permitted provided that the product is processed in a licensed food processing or manufacturing facility. d. Seed Sprouts are considered potentially hazardous and are not allowed to be sold without proper permitting. Seeds for sprouting must be accompanied by proper documentation to show that they are for human consumption. (per MA FPP) 6 e. Micro-greens as are produced in and harvested from soil are considered an agricultural product that has not been altered and are allowed. f. The sale of any smoking blend, alternatives, or any smoking product is prohibited at the farmers’ market. g. Any items considered to be cosmetics (such as lipstick/lip balm, skin creams, lotions, perfumes, shampoos, toothpastes, deodorants etc. as defined by the Federal Food, Drug and Cosmetic Act) are subject to federal regulations and must comply with such regulations including labeling. h. Any other items not listed in this section will be reviewed on a case by case basis to assess the safety of the product sold. 4. Bottled honey - must use sterile jars and lids with proper labels. 5. Maple syrup – must use sterile jars and lids with proper labels. 6. Eggs must be cleaned and must be held at or below 45⁰ F from the time of collection through the time of sale at the market. 7. All retail food vendors selling value added products must operate from a licensed food establishment. 8. All processed food items must be properly labeled as required by the state. 9. Adequate restroom facilities must be available to all food-handlers. 10. Convenient, easily accessible handwashing facilities must be made available either by the “Market” or the individual farmers’ market limited food service permit holder. 11. Bare hand may not contact ready to eat foods. Suitable utensils shall be used such as deli tissue, spatulas, tongs, single use gloves etc. for the handling and service of ready to eat foods. 12. All equipment, utensils, containers, etc. shall be in clean, sanitary condition. Where there are no ware-washing facilities obtainable, spare sets of work utensils shall be available. a. All potentially hazardous foods (time/temperature control for safety food) must be maintained at 41⁰ F or below or at 140⁰ or above at all times through the products transportation to the market and its storage, display and service at the market. b. A properly calibrated, stem type thermometer must be available for testing time/temperature control for safety foods. The thermometer must be properly cleaned and sanitized before each use. c. All hot and cold holding (mechanical units or coolers with ice) must be monitored, and logged hourly for proper holding temperatures. 13. Foods shall not come in direct contact with water or un-drained ice. Water / ice cannot be directly discharged / disposed of on top of the ground. 14. Foods displayed in bulk shall be in covered containers and dispensed with a utensil, single-use glove or single use paper sheet. 7 15. Vendors selling shellfish must have shellfish tags available on site and maintain for a minimum of 90 days. 16. All food products shall be handled and stored in a safe and sanitary manner that prevents contamination including but not limited to protection from insects, animals, and rodents; storage of food and containers shall be up off the ground (minimum of 6 inches). 17. All food handlers must wash their hands after utilizing the toilet facilities, eating, changing tasks, changing gloves, or when hands become contaminated. 18. All carts, coolers, tables, grills and other equipment shall be pre-cleaned and sanitized before the event and transported in such a way as to prevent contamination. 19. Food handlers shall wear clean outer garments, hair restraints, and utilize good hygienic practices. 20. Garbage and waste water must be disposed of in a sanitary manner and the premises shall be kept clean. 21. Containers with covers shall be available on site for disposal of recyclables. 22. A labeled spray bottle of sanitizer prepared at the proper concentration must be on site for sanitizing all food contact surfaces, utensils, etc.