We are seeing more and more farmers markets across the state. These markets have expanded from the basic 'sell your extra produce' to commercial food vendors, selling just about everything you could find in a small grocery store. We're often asked what can and can't be sold at a farmers market. I'll answer some of those questions here.

What foods can be sold without a permit?
Fresh fruits and vegetables, especially home-grown items, certain baked goods, and prepackaged- commercially prepared snack items, such as canned pop, candy bars, and potato chips.

What items cannot be sold at a farmers market?
Home-canned foods including pickles and salsa; unpasteurized milk; creme pies; and foods from unapproved sources. Contact the Foods Division for specific items.

What is the placard requirement for farmers market sales?
A clearly visible placard is required at the sale location stating the food was not prepared in an inspected, licensed food preparation area.

What foods require a permit and inspection of the preparation area?
The requirement states: No person shall operate a food establishment without a valid permit which sets forth the type of operation occurring in the establishment.

A 'food establishment' is an operation that stores, prepares, packages, serves, sells, vends, or otherwise provides food for human consumption.

Although many vendors at the farmers markets fall in to the 'food establishment' definition, there is an exemption for the sale of fresh fruits and vegetables. We want the markets to be a success and have as many participants as possible without them being taken over by commercial businesses.

Permits and inspections are required for all commercial establishments such as stands that sell fountain pop, sandwiches, for operations selling potentially hazardous foods, such as meat, poultry, and game animals, and for persons meeting the guidelines for bakers. These establishments must meet the requirements for their particular type of operation found in the Nebraska Pure Food Act and the Nebraska Food Code.

How is a permit obtained?
Persons needing a Food Establishment permit should contact the Nebraska Department of Agriculture's Food Division at (402) 471-2536. The area sanitarian will meet with you to discuss your operation, inspect the preparation area for your product, if necessary, and offer you the permit application. All permits have a one-time permit fee in addition to the annual inspection fee.

The types of operations normally found at a farmers market, include:

Temporary Food Establishment:
At a county fair, you might find persons selling pop, hot dogs, and other sandwiches.

Itinerant Food Vendor:
This category includes the sale of fresh or frozen meat and poultry processed/packaged in an inspected facility.

Mobile Food Unit:
A vehicle-mounted food operation selling prepackaged items and foods requiring limited preparation.

Pushcart:
A non self-propelled unit selling prepackaged items.

What are the requirements for the sale of red meat (beef and pork)?
All red meat must be processed in a USDA-inspected facility and carry the marks of inspection.

The packages must bear a label with the USDA establishment number, the net weight, price per pound, total weight, total price, and name and address of the producer, packer, or distributor. This type of sale would require an Itinerant Food Vendor Permit.

What are the requirements of the sale of dressed poultry?
Poultry normally is processed under USDA inspection. However, there is an exemption that allows individuals to process poultry they have raised and sell them through commercial channels. The poultry must be processed in either a USDA establishment or in a facility under state inspection. The packaged poultry must be labeled with the USDA exemption statement, name and address of processor, weight, price per pound, and total price. A Processors Permit is required, as well as the Itinerant Food Vendor Permit. Poultry processed in a state inspected facility may not be sold interstate.

What are the requirements for selling processed game animals?
Game animals must also be processed under state inspection. Game animals (rabbits, fish, buffalo, pheasants, etc.) are not amenable to USDA regulations, therefore, inspection by the USDA is not required. Similar to a poultry processing, the processing area must meet food safety and sanitation requirements, including smooth, cleanable work surfaces, walls, floors, and ceilings, adequate clean-up facilities, hand sinks with hot and cold water, and adequate refrigeration facilities. This area would be permitted as a Processor.

What about selling shell eggs?
Eggs must be clean and graded and must kept refrigerated to 45°F and be labeled with the Nebraska Egg Code number, grade, size, packaged date, and name and address of packer. The Egg Code number is a registration number provided by the Department of Agriculture at no charge. A person may sell eggs of their own raising to stores, restaurants, and institutions without a permit.