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1. What is a Farmers Market?

If you search for the definition of a Farmers Market, you will find many different interpretations. They may describe a venue where an array of activities are taking place. What most of these definitions have in common is that a Farmers Market is a place where those who produce food locally can congregate and sell food to the public. Commonly, the products sold include produce and other limited items like eggs, meats, nuts, jams, jellies, honey and non-potentially hazardous baked goods. In some instances, markets are located in a permanent facility and provide a wider variety of goods.

2. When is a license needed to sell products at a Farmers Market?

A farmers market, temporary food establishment or mobile food unit license is required for vendors at farmers markets who handle, prepare or serve:

• Meats (Product must also be USDA or Missouri Department of Agriculture certified, properly labeled and packaged, safely transported and held at required temperatures)
• Fish and fowl must be properly labeled, have all required state or federal permits and be transported and held at proper temperatures
• Open food products (cut fruits or vegetables, unpackaged foods, etc.)

The above item list is not all-inclusive, because it would be impossible to imagine all the items that a vendor may wish to serve. Vendors unsure of whether or not serving their goods at a Farmers Market may require a license should call 636-949-1800 for assistance.

Please note that, any person engaged in the business of operating a food establishment without a license as required by the St. Charles County Food Code shall be subjected to a fine of 5 hundred dollars ($500) for each offense. Section 8-601.11.

A license is not required for vendors who serve:

• Whole, uncut produce (fruits and vegetables)
• Prepackaged foods that are not considered potentially hazardous
• Nuts in the shell
• Jams, jellies, apple butter and honey (as long as they’re properly labeled)
• Baked goods (as long as they do not include potentially hazardous products, are properly labeled and are sold by the person or farm that baked them)
• Whole eggs (must have a Missouri Department of Agriculture Egg Permit and hold eggs at 41 degrees F or less)

3. Does the health department require licenses for selling other products at a Farmers Market?

The department is aware of a number of individuals who wish to prepare food and sell it at Farmers Markets. Items such as hamburgers, hot dogs, omelets, cooked rice and the like have been creeping in to some Farmers Markets. These items involve food preparation of potentially hazardous food and involve food handling during preparation. There are state and local laws regulating the source of the food being prepared, as well as how it is stored, prepared, held for sale and handled. This type of operation is no different than the food vendors and the products found at many festivals, fairs and other events throughout our county at various times of the year. Vendors interested in selling or giving away prepared items must obtain one of the following:

• A 1-3-day temporary food establishment license that costs $100 per license and is restricted to one location for a specific period of time. This also requires an inspection by the health department prior to operation at that location.
• A 4-14-day temporary food establishment license that costs $120 per license and is restricted to one location for a specific period of time. This also requires an inspection by the health department prior to operation at that location.
• A 9-month farmers market food license that costs $150 per license and is restricted to one location for up to nine (9) months within a calendar year. This also requires an inspection by the health department prior to operation at that location.
• A 1-year mobile food vendor license. This license costs $145 per license and allows operation anywhere in St. Charles County, except within the boundary of the City of St. Peters, for the period January-December of a calendar year. This also requires a one-time plan review fee of $150. A mobile food vendor must have an approved mobile set-up to be considered for this type of license. A Division of Environmental Health and Protection specialist can discuss this license with any vendor interested in developing a mobile operation. This option avoids the necessity for obtaining multiple or consecutive temporary licenses throughout the calendar year.

4. Can I sell food prepared in my home at a Farmers Market?

The St. Charles County Food Code and the Food and Drug Administration's 2009 Food Code clearly prohibit the sale and distribution of home-prepared foods. The private home is considered an unapproved source and is not inspected by health departments to ensure that safe food practices are followed. With that being said, Farmers Markets fall under special provisions by the state. These provisions allow the home preparation of jams, jellies and honey. Shortly after these provisions were enacted, the definition of a food establishment was changed to further allow the preparation of non-potentially hazardous home-baked products to be sold at Farmers Markets. In all cases, proper labeling and signage is required to be on display for all home-prepared goods. If you have questions about these provisions, please call the Division of Environmental Health and Protection at 636-949-1800.

5. What is required to be on this home-prepared food label?

• The common name for the food product
• If made from 2 or more ingredients: a list of ingredients (in descending order of predominance by weight) that includes a declaration of the use of artificial colors, flavors or chemical preservatives
• An accurate declaration of the quantity of contents
• The name and place of business of the manufacturer, packer or distributor (or disclosure that this product has not been inspected by the St. Charles County Department of Community Health and the Environment)
• The name of the food source for each major food allergen contained in the food, unless the source is already part of the common or usual name of the respective ingredient
• Except as exempted in the Federal Food, Drug and Cosmetic Act §403(Q)(3)-(5), nutrition labeling as specified in 21 CFR 101 - Food Labeling and 9 CFR Subpart B - Nutrition Labeling

6. Shouldn’t an exemption be made for vendors at Farmers Markets since they only operate for one or two days each week?

The Division of Environmental Health and Protection cannot overlook food safety and exempt any type of operation that involves food preparation, handling or selling potentially hazardous food. These activities are no different at a Farmers Market than activities conducted by the many hundreds of other individuals and organizations that apply for and receive temporary permits every years at fairs and festivals.

7. Why must I also have to pay a vendor’s fee to the market, as well as the license fees? What do I do if I’m not happy with the market rules?

The St. Charles County Department of Public Health does not charge or collect vendor fees. We only charge farmers market, temporary food establishment or mobile food establishment license fees. Any concerns regarding market fees or site regulations are between the vendors and the market. We do not regulate the market operation.

8. What is a potentially hazardous food product?

A potentially hazardous food is a food that requires time and temperature control to limit the growth of pathogens. Examples of these food products (but not limited to) are: milk and dairy products, eggs, meat, poultry, fish, shellfish and crustaceans, baked potatoes and heat-treated plant food (such as rice, beans, vegetables, sliced melons, cut tomatoes and leafy greens).

Concerns include the following:

• The rapid and progressive growth of harmful organisms that could lead to infections or other toxigenic microorganisms
• The growth and toxin production of Clostridium botulinum
• In raw shell eggs, the growth of Salmonella enteritidis