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
[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)