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Selling Locally Grown Crops: Food Regulations to Keep in Mind

(Image of an Urban Farm: Listened in Creative Commons, taken by Flickr User TCDavis)

 

Concerns about food scarcity, health, the environment, and our economy have led many to seek out locally produced and marketed food. Food grown in one’s own community can supply jobs to local residents, provide a consistent supply of high quality, seasonal products, and keep more dollars in the area. However, food production is intensely regulated by federal, state, and even local governments to protect the public from potential health concerns. This article will describe a few of the primary concerns for individuals involved in selling locally grown vegetables, fruits, and other raw produce. Whether you are operating a farm, selling food products at farmers markets, or preparing food dishes in a restaurant, these rules will be important when local food is involved.

Although this is not an exhaustive list of issues to consider, it will cover some of the most important, including: rules for selling whole fruits and vegetables, cleaning and packaging requirements for value added produce, and cottage food laws. This article does not cover meat and poultry, fish, dairy, or eggs. If you are involved with producing any of these products there are additional regulations which you will need to research. The information below applies to any business handling food that will be consumed by people. This includes farmers, food vendors, restaurants, and wholesale packagers, among others. Whether or not any particular set of rules applies to you depends on the food you are handling and how you are preparing it.

Selling Whole Fruits and Vegetables

As a general matter, fruits and vegetables which are sold whole without any preparation or alteration do not face any requirements.[1] If you operate a farm or garden and sell whole produce to consumers, you are still able to wash off the fruits and vegetables with water without any barrier to selling.[2] Should you choose to sell food intended for immediate consumption (not preparation by the consumer), for example, apples at a cider mill, you must wash them with water first.[3] Besides water, you can also utilize certain chemicals for washing which are further specified in the food code under Section 7-204.12.[4] This page lists chemicals that can be used to wash or clean fruits and vegetables as defined by the federal government.[5]

Selling Prepared and Packaged Fruits and Vegetables

Should you choose to prepare, package, or otherwise alter your produce for sale to consumers, there are additional requirements that apply. The above washing rules are still applicable so long as you are selling food in a ready-to-eat form.[6] Here are a few additional concerns to keep in mind.

1.    Washing hands: Any food employees handling exposed, ready-to-eat food cannot touch food without first washing their hands and in some cases must use a utensil.[7]

2.    Separation from animal products: Raw animal products must always be separated from ready-to-eat vegetables until the animal product is intended for consumption or is combined with the vegetables as ingredients.[8] This means you can still combine the cooked meat with the vegetable when it is being plated in a restaurant or mixed in before cooking.

3.    Display: Fruits and vegetables, not in whole form, that are on display must be protected by food guards, display cases, or other means.[9]

4.    Hot holding temperature: Fruits and vegetables which will be cooked for ready-to-eat hot holding must be cooked to 135℉.[10]

These rules are most relevant for businesses engaged in the preparation of food for immediate consumption, like vendors, packagers, and restaurants. However, it also applies to growers who sell value-added products; for example, by cutting up watermelon and boxing it.

To view these requirements in more detail visit these pages:

Michigan Modified Food Code: Link

Michigan Dep. of Agriculture and Rural Development (MDARD) Food and Dairy Law Page: Link

Labeling Requirements

The Michigan Food Law requires that packaged food be labeled in accordance with federal law.[11] Packaged means bottled, canned, cartoned, or securely bagged or wrapped and from a food establishment or food packaging plant, and should not be confused with packing used when serving the food to a customer, like a wrapper or carry-out box.[12] Federal labeling requirements are extremely detailed and vary by the product. Some important considerations include the placement of the information on the package in the part most likely to be displayed[13] and identifying the food[14] including ingredients[15]. Nutrition labels may be required, but not for restaurants, some retailers with under $500,000 in gross annual sales and annual food sales under $50,000, or from most food truck vendors.[16] Labeling is of highest concern for traditional food packagers and those making value-added products, such as a vegetable grower selling bagged salads to a local grocery store. You will need to consult federal law to discern what information you must provide on your label.

Federal Food Labeling Requirements: Link

Cottage Foods

Some entrepreneurs with a skill for baking or cooking may find an opportunity to sell their fruits and vegetables through Michigan’s Cottage Food Law. These foods can be made in your own kitchen, not a state-certified kitchen, and sold directly to consumers, but cannot be sold to retailers or restaurants. Only foods with a relatively low rate of spreading disease or infection are eligible for this exemption to general food regulations.

Although the requirements for these foods are generally lower, there are still some important regulations. There must be a label which includes the name and address of the cottage food business, the name of the product, all ingredients, weight or volume, allergens, and a specific statement identifying the product as a cottage food. Cottage food producers are limited to annual sales of $25,000 and all sales must take place in person. To learn more, visit these links below.

Cottage Food Blog Post: Link

MDARD Cottage Food Page: Link

By: Trenton Buhr-Roschewski

[1] Michigan Modified Food Code 3-302.15

[2] Id.

[3] Id.

[4] Id.

[5] 21 CFR § 173.315

[6] Michigan Modified Food Code 3-302.15

[7] Id. 3-202.11

[8] Id. 3-302.11

[9] Id. 3-306.11

[10] Id. 3-401.13

[11] Id. 3-201.11(C)

[12] Id. 1-201.10(B)

[13] 21 CFR § 101.1

[14] Id. § 101.3

[15] Id. § 101.4

[16] Id. § 101.9(j)



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