Information for food vendors @ MDFM
The Midland Downtown Farmers ‘ Market Board of Directors has decided that in the best interest of the
community and the vendors at MDFM, Texas State and Midland County Health Department rules will be
followed by all MDFM vendors.
These new guidelines will outline what can and cannot be brought to the market for sale by vendors, and under
what circumstances these items can be brought. In many cases these food items can be brought IF they are
made in a commercially licensed kitchen – to register your kitchen as a commercially licensed kitchen you must
submit a copy of your license issued by your county Health Department and understand that the market
director or MDFM Board members may ask to see your facility to be able to sell your item. If you have any
questions feel free to contact the market director.
The rules are cited below, and unfortunately those of you who have brought salsas and pickled products (not
including cucumber items – see below) will no longer be able to offer those items for sale at the Midland
Downtown Farmers’ Market. MDFM is not responsible for what you sell from your home, but on the grounds
of MDFM these products will not be allowed.
During the 83rd Legislature, Regular Session 2013, the Texas Legislature enacted House Bill 970 that amends the Health and Safety Code
(HSC), Chapter 437, by amending provisions for cottage food production operations. This law is effective September 1, 2013.
A cottage food production operation is exempt from the requirements of a food service establishment and does not have to comply
with the Texas Food Establishment Rules. Health departments do not have regulatory authority to conduct inspections of a cottage food
production operation. However, the Department or local health authority has authority to act to prevent an immediate and serious
threat to human life or health through emergency order, recall orders and delegation of powers or duties. Health departments are
required to maintain records of all complaints against a cottage food production operation.
A cottage food production operation is defined as an individual, operating out of the individual’s home, who:
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Produces a baked good, candy, coated and uncoated nuts, unroasted nut butters, fruit butters, a canned jam or jelly, a
fruit pie, dehydrated fruit or vegetables, including dried beans, popcorn and popcorn snacks, cereal, including granola, dry
mix, vinegar, pickles, mustard, roasted coffee or dry tea, or a dried herb or dried herb mix.
Has an annual gross income of $50,000 or less from the sale of the described foods; and
Sells the foods produced directly to consumers at the individual’s home, a farmers’ market, a farm stand, or a municipal,
county, or nonprofit fair, festival or event.
Delivers products to the consumer at the point of sale or another location designated by the consumer.
An individual who operates a cottage food production operation must successfully complete a basic food safety education or training
program for food handlers accredited under Health and Safety Code, Chapter 438(D) by January 1, 2014.
A cottage food production may not sell to customers potentially hazardous foods. A potentially hazardous food (PHF) is a food that
requires time and temperature control for safety (TCS) to limit pathogen growth or toxin production. In other words, a food must be
held under proper temperature controls, such as refrigeration to prevent the growth of bacteria that may cause human illness. A
PHF/TCS is a food that: contains protein, moisture (water activity greater than 0.85), and is neutral to slightly acidic (pH between 4.6 7.5).
Foods sold by a cottage food production operation must be packaged and labeled. The food must be packaged in a manner that
prevents product contamination, except for foods that are too large and or bulky for conventional packaging. The labeling information
for foods that are not packaged must be provided to the consumer on an invoice or receipt. The label must include:
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The name and address of the cottage food production operation;
The common or usual name of the product, if a food is made with a major food allergen, such as eggs, nuts, soy, peanuts,
milk or wheat that ingredient must be listed on the label; and
A statement: “This food is made in a home kitchen and is not inspected by the Department of State Health Services or a
local health department."
The labels must be legible.
Food produced by a cottage food production operation may not be sold via the Internet, by mail order or at wholesale.
The Department of State Health Services is in the process of amending the rule, Section 229.661, concerning cottage food production
operations.
During the 82nd Legislature, Regular Session 2011, and the 83rd Legislature, Regular Session 2013, the Texas Legislature enacted Senate
Bill 81 and House Bill 1382 that amend the Health and Safety Code (HSC), Chapter 437, by creating and amending provisions for farmers’
markets. These laws became effective September 1, 2011 and September 1, 2013.
Farmers’ Markets are exempt from the requirements of a food service establishment and do not have to comply with the Texas Food
Establishment Rules. Permits may be issued and temperature requirements are necessary for potentially hazardous foods
(time/temperature control for safety (PHF/TCS) food. The Department of State Health Services or local health authority may issue
temporary food establishment permits to food vendors who sell potentially hazardous foods. The Department of State Health Services
or local health authority may not require permitting for sampling or cooking demonstrations that are conducted for bona fide
educational purposes.
For Farmers’ Markets:
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A farmers' market is defined as a designated location used primarily for the distribution and sale directly to consumers
of food by farmers or other producers.
Producers are defined as a person or entity that produces agricultural products by practice of the agricultural arts upon
land that the person or entity controls.
Food is defined as agricultural, apicultural, horticultural, silvicultural, viticultural or vegetable product for human
consumption, in either its natural or processed in this state. The term includes:
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Fish or other aquatic species,
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Livestock, a livestock product, or a livestock by-product,
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Planting seed,
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Poultry, a poultry product, or a poultry by-product,
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Wildlife processed for food or by-products,
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Produce
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A product made from a product described above by a farmer or other producer who grew or processed
the product;
A farmers' market may serve samples of food if
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Samples are served in a sanitary manner,
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Served while wearing clean, or disposable plastic gloves when preparing samples and observing proper
hand washing techniques immediately before preparing samples,
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The produce intended for sampling is washed in potable water to remove soil or other visible material,
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Potable water is available for use,
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All potentially hazardous food is maintained at 41°F or below or disposed of within two hours after
cutting or preparing; and,
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Utensil and cutting surfaces used for cutting samples are smooth, non-absorbent, and easily cleaned or
disposed of.
A person who sells or provides a sample of meat or poultry or food containing meat or poultry must comply with Health
and Safety Code, Chapter 433.
A person who sells fish must have it processed by a licensed and inspected retail establishment. The fish has to be
caught or raised by a person or entity that has a commercial fisherman’s license from the Texas Parks and Wildlife
Department (TPWD) or an aquaculture license from the Texas Department of Agriculture (TDA).
A potentially hazardous food (PHF) is a food that requires time and temperature control for safety (TCS) to limit pathogen growth or
toxin production. In other words, a food must be held under proper temperature controls, such as refrigeration to prevent the growth of
bacteria that may cause human illness. A PHF/TCS is a food that: contains protein, moisture (water activity greater than 0.85), and is
neutral to slightly acidic (pH between 4.6 -7.5).
The Department of State Health Services is in the process of developing the rule, Texas Administrative Code, Title 25, Part 1, Section
229.701, concerning farmers’ markets.
What is the definition of a baked good?
A baked good is a food item prepared by baking the item in an oven, which includes cookies, cakes, breads, Danishes, donuts, pastries,
pies, and other items that are prepared by baking.
What are some examples of foods that can be prepared at a cottage food production operation?
The following are examples of non-potentially hazardous foods that may be prepared and sold at a cottage food production operation:
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Breads, rolls, biscuits,
Sweet breads, muffins
Cakes (birthday, wedding, anniversary, etc.
Pastries,
Cookies
Candy
Coated and uncoated nuts
Unroasted nut butters
Fruit butters
Canned jams or jellies
Fruit pies
Dehydrated fruit or vegetables, including dried beans
Popcorn and popcorn snacks
Cereal, including granola,
Dry mixes
Vinegar
Pickles (NOTE: What are pickles? Pickles are made from cucumbers that have been preserved in vinegar, brine, or a
similar solution. Only pickled cucumbers are allowed under the Cottage Food Law. All other pickled vegetables are
prohibited. Federal requirements have been established for production of acidified foods such as pickles. If foods are sold
across state lines, then the federal requirements would definitely apply. Under the FDA’s interpretation of “interstate
commerce,” the federal requirements might also apply to cottage food producers who purchase supplies from out-of-state.
As a precautionary measure, you may wish to take the federal course if you intend to sell pickles under the cottage foods
law.
Mustard
Roasted coffee or dry tea
Dried herbs and dried herb mixtures
What types of foods are not allowed to be sold at a cottage food production operation?
The following foods are examples of food that can not be produced by a cottage food production operation.
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Fresh or dried meat or meat products including jerky
Canned fruits, vegetables, vegetable butters, salsas etc.
Kolaches with meat
Fish or shellfish products
Canned pickled products such as corn relish and sauerkraut
Raw seed sprouts
Bakery goods which require any type of refrigeration such as cream, custard or meringue pies and cakes or pastries
with cream cheese icings or fillings
Milk and dairy products including hard, soft and cottage cheeses and yogurt
Fresh fruits dipped or coated in chocolate or similar confections; fresh vegetables, and juices made from fresh fruits or
vegetables
Barbeque sauces and ketchups
Foccaccia-style breads with vegetables or cheeses
Chocolate covered graham crackers, Rice Krispy treats
Dried pasta
Sauerkraut, relishes, salsas, sorghum
Again, if you are producing any of these items in a licensed kitchen (except those banned by the Health
Department in the next document) or have a license for your items from the Midland County Health
Department you WILL be allowed to sell your items, you just have to show the market director your
license from the Health Department.
On the next page will find the rules for mobile vendors set out by the Midland County Health Department,
if you are a vendor of beverages, iced items, or a mobile food vendor – these are the rules you will be
held to (so while Italian ices would not be allowed under the state law, Midland does allow it if you have a
license and have been inspected (these inspections happen at the market for MDFM vendors.)
RULES FOR TEMPORARY
FOOD SERVICE ESTABLISHMENTS
A temporary food service establishment must comply with the requirements of these rules and Rules
on Food Service Sanitation. The Midland Health Department may impose additional requirements to
protect the public health, such a prohibiting the sale of some or all foods defined as "potentially
hazardous."
Potentially Hazardous Foods Are:
Any food that consist in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish,
edible crustacea, or other ingredients including synthetic ingredients, in a form capable of supporting
rapid and progressive growth of toxigenic or infectious microorganisms.
Restricted Operations:
1.
Only those potentially hazardous foods requiring limited preparation (hamburger,
frankfurters, other cuts of meat) will be approved by this Department (attached list). Cuts of
meat and vegetables that are to be cooked in a clean sanitary, and covered outdoor cooker
shall be approved. Cooker must be able to maintain proper food temperature.
2.
The preparation of pastries filled with cream and/or synthetic cream, custards, and similar
products will not be approved.
3.
Salads, sandwiches, other products containing meat, eggs, poultry, or fish are prohibited
unless these foods have been pre-packaged and prepared under conditions meeting the rules
on Food Service Sanitation.
4.
Potentially hazardous foods prepared in private homes will not be approved.
Food:
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Shall be in sound condition and safe for human consumption.
2.
Perishable foods must be cooked to the following temperatures:
Poultry - 165° F, Ground meats - 155° F, Pork - 155° F, and Other meats - 145° F. Potentially
hazardous foods (i.e. foods which consist in whole or in part of milk or milk products, eggs,
meat, seafood) shall be held, stored, displayed, transported, and served at 41°F or lower, or
at 140° F or above.
TEMPORARY HEALTH PERMITS WILL NOT BE ISSUED TO AN INDIVIDUAL, BOOTH, OR GROUP WHOSE
APPLIANCES/FACILITIES CANNOT COMPLY WITH THE ABOVE FOOD TEMPERATURE REQUIREMENTS.
Food Equipment:
1.
Equipment and facilities must be restricted to those that are easily cleaned and maintain
proper temperatures.
2.
An adequate number of utensils for serving, preparing, or dispensing foods must be available.
3.
Equipment/utensils shall be located and installed in a way that prevents food contamination,
and facilitates cleaning the establishment.
Only single service articles for use by the consumer will be approved.
4.
Handwashing Facilities:
Employees must follow good hygienic and sanitation practices. Hands are probably the most common
vehicle for the transmission of communicable diseases. The use of a sanitized water solution (1/2 cup
household bleach in one (1) gallon of water) in spray bottles to wipe hands and food contact surfaces
may be approved provided disposable paper towels are accessible.
TOILET FACILITIES AND WASTE DISPOSAL:
All sewage, including liquid waste, must be contained properly and shall be disposed of according to
local ordinances and state law.
Garbage and Refuse
1.
Shall be kept in durable, easily cleanable, insect proof containers that do not leak and do not
absorb liquid. Plastic bags and wet strength bags may be used to line these containers.
Containers must be kept covered.
2.
Premisis must be free of litter and unnecessary items.
Temporary Health Permit:
A temporary establishment must notify this department, pay all permit fees, and secure a health
permit before opening to the public.
LIST OF FOODS APPROVED FOR SALE
AT TEMPORARY FOOD SERVICE ESTABLISHMENTS
Hamburgers
Hot Dogs
Nachos
Barbecue (cooked on site)
Cakes
Cookies
Fruit Pies (cherry or apple, etc)
Pecan Pies
Snow Cones
Frozen Ice Cream Novelties
LIST OF FOODS PROHIBITED FOR SALE
AT TEMPORARY FOOD SERVICE ESTABLISHMENTS
Foods prepared in private home kitchens
Fish or chicken requiring breading before cooking
Cream pies - Pumpkin, Buttermilk, Etc.
Homemade ice cream
Tuna, chicken or egg sandwiches