All food, except fresh fruits and vegetables, sold at farmers markets must be properly labeled. (T.C.A. § 53-1-105)
The label must contain:
- The name and place of business of the manufacturer, packer or distributor;
- An accurate statement of the quantity of contents in term of weight, measure or count (if an item is sold in random weight packages, the label must contain the price per pound, the net weight and the total price)(T.C.A. § 47-26-917);
- The common or usual name of the food;
- In case it is fabricated from two (2) or more ingredients, the common or usual name of each such ingredient; and
- If the food product contains one of the eight major food allergens, milk, eggs, fish, Crustacean shellfish, tree nuts, peanuts, wheat and soy, that ingredient must be shown on the label. (21 USC 343(w))
Processed foods in any form and packaged for resale offered for sale at a farmers market must come from a licensed and inspected facility unless it is non-potentially hazardous food prepared in a domestic kitchen. (T.C.A. § 53-1-208)
Unlicensed vendors of non-potentially hazardous food are required to place a sign (8.5”x 11″ with 3/4” font) at the point of sale and on the label which states “These product(s) were made in a private home not licensed or inspected” (T.C.A. § 53-8-117).
“Non-potentially hazardous food” means jam, jellies, candy, dried mixes and other such food that do not meet the definition of potentially hazardous food. (T.C.A. § 53-8-117a2).
“Potentially hazardous food” means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustaceans, or other ingredients which is in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms, home canned foods other than jams and jellies, or any food that requires temperature control for safety. (T.C.A. § 53-8-117a3).Food items that contain these ingredients like milk and eggs that are baked and do not require temperature control to remain safe are not potentially hazardous foods.
Canned foods, other than jams and jellies, shall only be sold if processed by a licensed and inspected operation. These kinds of processed food are classified as “formulated acid foods” and “acidified foods”. There are specific regulations for each. Persons interested in manufacturing these foods should consult the following publications by the University of Tennessee Extension Service.
*Regulations are subject to change and it is the responsibility of the vendor to make sure that they remain compliant and up-to-date. During the application process copies of applicable permits will be requested. For further information please visithttp://tn.gov/agriculture/section/ag-licenses.
Processed foods are subject to our Insurance Requirements.