County of Los Angeles, Department of Health Services
Environmental Health
District Environmental Services
Certified Farmers’ Markets
Part One
Certified Farmers' Markets were developed to allow California farmers to sell their agricultural products directly to the public, exempting them from certain packing standards, labeling, and sizing requirements. These are the only exemptions granted for CFM's. There are over 250 CFM's in the State of California, and most sell products beyond those that are certified, such as bakery products or pickles. CFM's are under regulation by the County Agricultural Commission, and are subject to existing laws as detailed in this guide.
Agricultural Products Certified and Non-certifiable agricultural products, as defined by the California Department of Food and Agriculture. (CURFEL 27512 and CCR 1392.2-k).
Certified Agricultural Products Agricultural products, which are certified under the jurisdiction of the County Agricultural Commissioner relative to inspection and verification of compliance with the provisions of the Direct Marketing regulations. They include, fresh fruits, nuts in their shell, vegetables, eggs in their shell, honey, cut flowers, and nursery stock. (CURFEL 27512 and CCR 1392.2-1).
Non-Certifiable Agricultural Products Agricultural products other than certified agricultural products that have been processed, such as dried fruit, juice, dried beans, shelled nuts, wine, meat, poultry, and dairy products. Catfish, trout, and oysters from aquaculture operations are considered noncertifiable agricultural products as well. (CURFEL 27512 and CCR 1392.2-m).
Non-Agricultural Products Products not in the above two categories, such as bakery products, crafts, ocean fish, etc., may be sold at CFM's, but not within the confines of the CFM Certified Area. They may, however be sold adjacent to the Certified Area (CCR 1392.4-c). Vendors of non-agricultural products must also hold a permit from the local jurisdiction, (CURFEL 27551).
Certified Producer A producer authorized by the County agriculturalcommissioner to sell certified agricultural products directly to consumers at CFM's. (CCR 1392.2-e).
Certified Producer's Certificate A certificate issued by the County AgriculturalCommissioner authorizing the transportation and sale of certified agricultural products. (CCR 1392.2-f).
Producer A person or entity who produces agriculturalproducts upon the land which the person or entity controls. (CCR 1392.2a).
Certified Farmers' Market A location certified by the County Agricultural Commissioner and operated as specified in Article 6.5 of Title 3 of the CCR. Note that since a CFM is a food facility as defined in CURFEL, it must display a valid public health permit. (CURFEL 27521-a-3; 27551).
Produce Any fruit or vegetable in its raw state (CURFEL27532).
Approved Facility A facility acceptable to the State Department ofHealth Services or local jurisdiction based on a determination of conformity with current public health principles, practices, and generally recognized industry standards. (CURFEL 27511).
Food Preparation Packaging, processing, assembling, portioning, or any operation which changes the form, flavor, or consistency of food, but does not include trimming of produce. (CURFEL 27522).
Potentially Hazardous Food (CURFEL 27531) "Potentially hazardous food” means food that is in a form capable of (1) supporting rapid and progressive growth of infectious or toxigenic microorganisms that may cause food infections, or (2) supporting the growth or toxin production of Clostridium botulinum. "Potentially hazardous food" does not include foods that have a pH level of 4.6 or below, foods that have a water activity (aw) of 0.85 or less under standard conditions, food products in hermetically sealed containers processed to prevent spoilage, or food that has been shown by appropriate microbial challenge studies approved by the enforcement agency not to support the rapid and progressive growth of infectious or toxigenic microorganisms that may cause food infections or food intoxications, or the growth and toxin production of Clostridium botulinum
* Only agricultural products may be sold or offered for sale within the Certified area. (CURFEL 27512; CCR 1392.4-c).
All food sold at a CFM shall be produced, packed stored, transported and kept for sale so as to be pure, free from contamination, adulteration, and spoilage; shall have been obtained from approved sources; shall otherwise be fully fit for human consumption; (SHERMAN 26000+ and CRFFL 27591).
All food shall be stored at least 6" off the floor or ground, or under any other conditions which are approved. (CURFEL 27831-a).
Bulk foods, such as dried fruits or shelled nuts may be sold from washable labeled bulk
containers with attached self closing lids and attached utensil. They must be cleaned and sanitized at market prior to operation.
Processed foods must be produced in an approved facility and properly packaged and labeled. (CURFEL 27591).
Approved toilet and handwashing facilities shall be available within 200 feet of the premises of the CFM, (100 feet in conjunction with produce sampling) or as approved by the local jurisdiction. (CURFEL 27831-c).
No live animals, birds, or fowl, are kept or allowed within 20 feet of any area where food is stored or field for sale. This does not apply to guide dogs, signal dogs, or service dogs, when used within the meaning specified by Section 54. 1 of the Civil Code. (CURFEL 27831-d).
All garbage and rubbish shall be stored, and disposed of, in a manner approved by the health department. (CURFEL 27831-e).
Potentially hazardous foods must be stored and displayed at or below 45° F at all times.
(CURFEL 27601).
All products sold as organic must be grown, produced, processed and labeled in accordance with the Health and Safety Code beginning with Section 26569.20 (California Organic Foods Act of 1990). This act is a portion of the California Sherman Food, Drug, and Cosmetic Law, which is contained in the Health and Safety Code. (CURFEL 27591).
Producers / Vendors selling non-agricultural food products are required to have a valid permit from the local jurisdiction and are not considered part of the CFM. They may not sell their product within the CFM Certified Area. (CURFEL 27551).
.The sale of poultry and red meat by producers as well as fish and shellfish produced under controlled conditions in waters or ponds located in California may be sold at CFM's.
Certified producers may slice and give samples of their product to the public. Sampling is limited to certified and non-certifiable agricultural products only, and must adhere to the following guidelines:
SANITATION
A. FOOD SANITATION
Produce to be offered for sample shall be washed with potable water, and waste- water shall be collected in a receptacle and disposed of at an approved site. *Note: See section on liquid waste. Methods include:
Produce will be washed on-site at a centralized wash area to be designated by CFM management. *Note: Produce may not be washed at toilet room facilities.
A1though produce washing facilities will be available centrally at each market site, producers may pre-wash produce prior to arrival at market as an option.
If CFM has an approved temporary event section, and common utensil-wash sink is currently provided by the sponsor, producers may also utilize same sinks.
Washing technique to include full immersion of product in potable water.
Wash-water will be replenished on a volume basis as necessary.
B. HANDWASHING
Handwashing facilities shall be provided at or near (recommended within 100 feet), the produce preparation site. These facilities are to be provided either centrally, to accommodate multiple stands, or individually at each stand. Options include:
Fixed, plumbed toilet facilities with handwash sink, single- service soap and towels within the recommended 100 feet from produce stands may also be used for handwashing.
Gravity feed system comprised of potabie water in a clean container, (recommend 2.5 gallons minimum). The water supply shall drain to a waste receptacle of at least equal size, and single-service soap and towels must be provided.
Clean disposable plastic gloves must be used for slicing produce at stand. *Note* Gloves are not considered a substitute for handwashing.
5
C. UTENSIL SANITIZING
Provide sanitizer solution of 100 ppm chlorine, 200 ppm quaternary ammonium, or 25 ppm iodine to be positioned at produce stand or central produce preparation site. Utensils used continuously for slicing, (e.g., knives) shall be stored in container of sanitizing solution-while not in use. See below for sanitizer solution ratios and water replenishing times.
100 ppm Chlorine =1/2 oz. per gallon* for 4 hours at individual sinks, 2 hours for centralized sinks.
200 ppm Quaternary Ammonium =1/2 oz per gallon* for 4 hours at individual sinks, 2 hours for centralized sinks.
25 ppm Iodine =1/2 oz. per 2.5 gallons* for 4 hours
*Note: 1/2 oz = 1 tablespoon = 2 capfuls from a quart bleach bottle
Cutting boards or other utensils, (e.g. bulk storage containers, shaker bottles, food storage containers, etc.) shall be sanitized prior to use. Sanitizer may be applied either by spray bottle or immersion in sanitizer and air dried prior to use.
All utensils utilized in food service shall be food-grade, non-absorbent, and maintained in good repair.
WASTE REMOVAL
A. LIQUID WASTE
All liquid waste generated from produce washing, utensil sanitizing, and handwash areas, must be collected centrally for disposal at an approved; dump site, including but not limited to:
Available plumbing connected to public sewerage. *Note: Liquid waste may not be dumped in storm drains.
Licensed waste removal company.
Waste water may also be discharged by CFM management at an adjacent restaurant if written agreement by restaurant operator is provided and use of facilities is approved by Los Angeles County Health Department.
Certified Producers wishing to remove liquid waste for disposal at the farm is optional, and at the discretion and responsibility of the CFM manager.
B. SOLID WASTE
All putrescible material including produce trimmings etc., shall be stored in water- tight containers, (i.e. plastic garbage bags) and ultimately disposed of at approved garbage receptacles with tight fitting lids.
Certified Producers wishing to remove solid waste for disposal at the farm is optional, and at the discretion and responsibility of the CFM manager.
PRODUCE PREPARATTON / PRESENTATION
Produce preparation to take place at a central location or may be conducted at individual stands.
Produce presentation may vary, however, prepared sample must be protected from customer / droplet contamination. Provisions must also be made to protect exposed sample foods from insects and dust. Methods identified include the following:
1. Capped squeeze bottle, for items such as honey. Bottle is uncapped and product is squeezed onto a disposable wooden stick for each individual customer. Bottle is re-capped. Stick is discarded.
2. Modified shaker bottle. for items such as nuts or grapes. Opening in bottle is enlarged to allow bottle to shake out limited number of items, (one or two) into the hand of a customer.
3. Bulk liquid container. for items such as juice. Dispensed with a down-facing, self-closing spout into a cup given to customer by the farmer. cup is disposable. Thermos is washed in approved kitchen.
4. Small sample cup. for products such as sprouts or jams. Disposable paper cups are filled in an approved facility or manner for distribution to customer.
5. Covered serving dish. with hinged lid for products such as sprout mixes, jellies, and jams. Serving dish with product has a hinged lid opening on the grower's side. Grower lifts lid and uses a disposable spoon to scoop out a small sample portion. Spoon is given to customer and discarded.
6. Sliced fruit / vegetables stored in washable containers with lids dispensed by grower via disposable toothpicks, etc.
7. Sneeze guards of sufficient width and height so as to intercept fluids and contaminants from the public, for products with an open display to facilitate self-service.
Applicable Program Element Codes for CFM's are as follows:
16.89 CFM Office Time
16.90 CFM 0 - 20
16.91 CFM 21-35
16.92 CFM 36+
Non-agricultural products cannot be sold within the general proximity of the CFM, but can be adjacent to it Each vendor selling a non-agricultural food product must have a permit from the local health jurisdiction, and meet all applicable CURFEL requirements as to processing and packaging location. (CURFEL 27672-b, f, $ g).
The point of sale of a non-agricultural products must be separate and apart from the CFM's designated certified area. The areas must be clearly segregated. This can be done by placing signs or posters to designate areas, use of ropes or barriers to separate the areas, or by simply separating the areas by enough distance so that the public knows the areas are separate and apart. (CCR 1392.4-c).
All products sold by the vehicle vendors must be held in the vehicle designated on the Public Health Permit. Tables may be used while operating at the CFM only (See page 30 for restrictions). (CURFEL 27672-c).
All products sold must be processed / packaged by an approved processor. Package must contain all labeling information. (CURFEL 27591 and SHERMAN 26551).
All products vended from a vehicle for pre-packaged food only, must be in an enclosed package, (except for hard-crust bread which may be sold in an open-end bag, whole uneviscerated fish, and whole produce).
.Approved toilet and handwashing facilities shall be available within 200 feet of the premises, or as approved by the local health department. The same toilet facilities as the CFM designated area may be used as long as they are within the distance limits and there are adequate facilities provided). (CURFEL 27831c and 27672-k). *Note: See Certified Area Section of this guide for the 100 foot specification when sampling of produce is in operation .
Applicable Los Angeles County business codes for vendor areas are: 230(0) -- 235(0) Cart and 300(0) -- 317(0) Vehicle. (See sample Public Health Permit in this Guide).
The responsibility for regulating CFM's in the State of California lies with the local health department. (CURFEL 27512)..
Health requirements for CFM's are defined in CURFEL. (CURFEL 27830, 27831 and 27832).
County Agricultural Commissioners are responsible for enforcing CCR, Title 3, Article 6.5, Direct Marketing Regulations.
CFM's are required to hold a local health permit. (CURFEL 27551).
Producers selling agricultural products will hold a State Certified Producer's Certificate, and will therefore not also need a local health permit. They are covered under the local permit issued to the CFM as a whole, and it is up to the holder of that permit to see that all applicable health laws are complied with by each producer. This applies to producers selling non-certifiable products as well.
Beekeepers are only certified in their primary county of operation, and must also hold a certificate from the local agricultural commission.
A CFM may choose to have regulations more stringent than established State rules and regulations, but may not have lower standards than those established by current laws.
27511. Approved
"Approved" means acceptable to the department or health authority based on a determination of conformity with current applicable laws, or in the absence of applicable laws, public health principles, practices, and generally recognized industry standards.
27512. Certified farmers' market
"Certified farmers' market" means a location certified by the county agricultural commissioner and operated as specified in Article 6.5 (commencing with Section 1392) of Title 3 of the California Code of Regulations
27521. Food Facility
(a) "Food facility" means all of the following:
(1) Food establishment, vehicle, vending machine, produce stand, swap meet prepackaged food stand, temporary food facility, satellite food distribution facility, stationary mobile food preparation unit, and mobile food preparation unit.
(2) Any place used in conjunction with the operations described in paragraph (1), including, but not limited to, storage facilities for food-related utensils, equipment, and materials.
(3) A certified farmers' market for purposes of permitting and enforcement.
(b) "Food Facility" does not include any of the following:
(1) A cooperative arrangement wherein no permanent facilities are used for storing or handling food, or a private home, church, private club, or other nonprofit association which gives or sells to its members and guests at occasional events, as defined in Section 27528, for the benefit of a non-profit association, if the for-profit entity receives no monetary benefit, other than recognition for participating in the event.
(2) Premises set aside for winetasting, as that term is used in Section 23356. 1 of the Business and Professions Code and in the regulations adopted pursuant to that section, if no food or beverage is offered for sale for onsite consumption.
27522. Food preparation
"Food preparation" means packaging, processing, assembling, portioning, or any operation which changes the form, flavor, or consistency of food, but does not include trimming of produce.
27531, Potentially hazardous food
27532. Produce
"Produce" means any fruit or vegetable in its raw or natural state.
27551. Permits; fees; posting
(a) A food facility shall not be open for business without a valid permit.
(b) A permit shall be issued by the local enforcement agency when investigation has determined that the proposed facility and its method of operation will conform to the requirements of this chapter. A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity approved and, unless suspended or revoked for cause, for the time period indicated
(c) Any fee for the permit and related services shall be determined by the local governing body. Fees shall be sufficient to cover the actual expenses of administering and enforcing this program, including the expenses of inspecting and impounding any utensil suspected of releasing lead or cadmium in violation of Section 25886 as authorized by Section 27561. All moneys collected as fees shall be expended in carrying out the provisions of this chapter.
(d) A permit shall be posted in a conspicuous place in the food facility or in the office of a vending machine business.
27591. Requirements for food
All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, kept for sale, and served so as to be pure, free from contamination, adulteration, and spoilage; shall have been obtained from approved sources; shall otherwise be fully fit for human consumption; and shall conform to the applicable provisions of the Sherman Food, Drug, and Cosmetic Law (Division 21 (commencing with Section 26000)).
27601. Potentially hazardous food; temperature for holding, keeping or displaying; thermometers
All potentially hazardous food shall be held at or below 7 degrees Celsius (45 degrees Fahrenheit) or shall be kept at or above 60 degrees Celsius (140 degrees Fahrenheit) at all times. A thermometer accurate to plus or minus one degree Celsius (2 degrees Fahrenheit) shall be provided for each refrigeration unit to indicate the air temperature in the warmest part of the unit and, except for vending machines, shall be affixed to be readily visible. Containers of potentially hazardous food displayed for service may be placed in an ice bed or held by a similar means which maintains the food at or below 7 degrees Celsius (45 degrees Fahrenheit). Except for vending machines, and accurate easily readable metal probe thermometer suitable for measuring the temperature of food shall be readily available on the premises.
27604. Unpackaged food served or returned from eating; food prepared or stored in private home; bakery products, labeled wrapping, exemption
(a) (1) No unpackaged food that has been served to any person or returned from any eating area shall be served again or used in the preparation of other food.
(2) No food prepared or stored in a private home shall be used, stored, served offered for sale, sold, OI given away in a food facility.
(3) Except as provided in paragraph (4), a private home shall not be used for the purpose of giving away, selling, or handling food at retail as defined in Section 27536.
(4) Nonperishable, prepackaged food may be given away, sold, or handled from a private home. For purposes of this paragraph only: (A) "nonperishable food means a food that is not a potentially hazardous food, and that does not' show signs of spoiling becoming rancid, or developing objectionable odors during storage at ambient temperatures; and (B) no food that has exceeded the labeled shelf-life date recommended by the manufacturer shall be deemed to be "nonperishable."
(b) Except as provided in subdivision (c) of Section 27621, every bakery product shall have a protective wrapping which shall bear a label which complies with the labeling requirements prescribed by the Sherman Food, Drug, and Cosmetic Law (Division 21 (commencing with Section 26000)). Bakery products sold directly to a restaurant, catering service, retail bakery, or sold over the counter directly to the consumer by the manufacturer or bakery distributor shall be exempt from the provisions of this Division. French style, hearth-baked, or hard-crusted loaves and rolls shall be considered properly wrapped if contained in an open-end bag of sufficient size to enclose the loaves or rolls.
27672. Equipment; prepackaged food; storage, display, or service of food during operation; food condiments; protection or food and food contact surfaces during transportation and storage; operation out of approved facility; daily cleaning and servicing; nonprepackaged hot dogs; food remaining after a day's operation; utensils and equipment; waste water; potentially hazardous foods; toilet and handwashing facilities
(a) Equipment on a vehicle, including the interior of cabinet units or compartments, shall be equipped so as to have smooth, easily accessible, and easily cleanable surfaces. Unfinished wooden surfaces are not permitted. Construction joints shall be tightly fitted and sealed so as to be readily cleanable. Equipment, including utensils, shall be constructed of nontoxic materials and shall be readily cleanable.
(b) All food displayed sold, or offered for sale from vehicles shall be prepackaged at facility approved by the enforcement agency except as provided in Sections 27673 and 27675.
(c) During operation, no food shall be stored, displayed, or served from any place other than the vehicle.
(d) Food condiments shall be protected from contamination and, where available for self-service, shall be prepackaged or available only from approved dispensing devices.
(e) During transportation and storage, food and food contact surfaces shall be protected from contamination.
(f) All vehicles shall operate out of a commissary or other facility approved by the enforcement agency. Vehicles shall report to the commissary at least once each operating day for cleaning and servicing operations. In addition, vehicles whereon nonprepackaged hot dogs are handled shall be properly stored at a commissary or other facility approved by the enforcement agency so as to be protected from unclean or unsanitary conditions.
(g) Food products remaining after each day's operation shall be stored only in an approved food facility.
(h) Utensils and equipment shall be handled and stored so as to be protected from contamination Single-service utensils shall be obtained only in sanitary containers or approved sanitary dispensers, stored in a clean, dry place until used, handled in a sanitary manner, and used once only.
(i) All waste water shall be drained to an approved water receptor.
(j) Potentially hazardous foods shall be maintained at or below 7 degrees Celsius (45 degrees Fahrenheit) or at or above 60 degrees Celsius (140 degrees Fahrenheit) at all times.
(k) Vehicular food sales shall be conducted within 60 meters (200 feet) of approved and readily available toilet and handwashing facilities or as otherwise approved by the enforcement officer to ensure proper sanitary facilities are available to the vehicle employee.
Article 15, Certified Farmers' Markets
114345. (27830) This article governs general sanitation requirements for certified farmers' markets, as defined in this chapter.
114350. (27831) Certified farmers' markets shall meet the provisions of Article 6 (commencing with Section 133975) and, in addition, shall meet all of the following requirements:
(a) AII food shall be stored at least 15 centimeters (6 inches) off the floor or ground or under any other conditions which are approved.
(b) Food preparation is prohibited at certified farmers' markets with the exception of the food samples. Distribution of food samples is allowed provided that the following sanitary conditions exist:
(1) Samples shall be kept in approved, clean covered containers.
(2) All food samples shall be distributed by the producer in a sanitary manner.
(3) Clean, disposable plastic gloves shall be used when cutting food samples .
(4) Food intended for sampling shall be washed, or cleaned in another manner, of any soil or other material by potable water in order that it is wholesome and safe for consumption.
(5) Potable water shall be available for handwashing and sanitizing as approved by the local enforcement agency.
(6) Potentially ha711rdorl.c food .samples shall be maintained at or below 45 degrees Fahrenheit. all other food samples shall be disposed of within two hours after cutting.
(7) Utensil and handwashing water shall be disposed of in a facility connected to the public sewer system or in a manner- approved by the local enforcement agency.
(8) Utensils and cutting surfaces shall be smooth, nonabsorbent, and easily cleaned or disposed of as approved by the local environmental health agency.
(c) Approved toilet and' handwashing facilities shall be available within 60 meters (200 feet) of the premises of the certified farmers' market or as approved by the enforcement officer.
(d) No live animals, birds, or fowl shall be kept or allowed within 6 meters (20 feet) of any area where food is stored or held for sale. This subdivision does not apply to guide dogs, signal dogs, or service dogs when used in the manner specified in Section 54.l of the Civil Code.
(e) All garbage and rubbish shall be stored, and disposed of, in a manner approved by the enforcement officer.
(f) Notwithstanding Article 11 (commencing with Section 114250), vendors selling food adjacent to and under the jurisdiction and management of a certified Farmers' market may store, display, and sell from a table or display fixture apart from the vehicle, in a manner approved by the local enforcement agency.
26551. Packaged food; labeling requirements
Any food is misbranded if it is in package form, unless it bears a label containing all of the following information:
(a) The name and place of business of the manufacturer, packer, or distributor.
(b) An accurate statement of the quantity of the content in terms of weight, measure, or numerical count.
Reasonable variations from the requirements of subdivision (b) shall be permitted Requirements for placement and prominence of the information required by subdivision (b), and exemptions as to small packages, shall be established in accordance with regulations adopted pursuant to Sections 26208.5 and 26438.
26569.20. Short title
This article shall be known, and may be cited as, the California Organic Foods Act of 1990.
The following guideline explains the major changes in the direct marketing regulations, emphasizes pertinent definitions, and presents the responsibilities and obligations of the direct marketing participants.
The direct marketing regulations allow a producer to sell all agricultural products at the point of production and to sell noncertifiable agricultural products at a certified farmers’ market (CFM). The regulations also allow a certified producer to sell certified agricultural products at the CFM. A certified producer may sell fruits, nuts and vegetables without the usual size, standard pack, and certain container and labeling requirements at a CFM.
MAJOR CHANGES IN THE DIRECT MARKETING REGULATIONS
AGRICULTURAL
PRODUCTS
Definition: All certified and noncertifiable agricultural products. 1392.2 (k)
Certified agricultural products are fresh fruits, nuts, vegetables, eggs, honey, flowers, and nursery stock. (1392.2 (l)
Noncertifiable agricultural products are all agricultural products other than certified agricultural products, such as dried fruit, juice, dried beans, meat, and dairy products. 1392.2 (m) Important: noncertifiable agricultural products and nonagricultural products are not the same.
Note: A processed product that originated from a fresh certifiable product must have the fresh product listed on the Certified Producer’s Certificate.
Examples: apples listed for apple juice or fresh apricots listed for dried apricots.
1. Agricultural products may be sold at a CFM. 1392.2 (a)
2. A person may purchase fresh fruits, nuts and vegetables for commercial resale at CFMs if these products comply with all applicable size, stand pack, container, and labeling requirements. 1392.2 (g)
Businesses, such as restaurants, are allowed to purchase products from a CFM provided standard pack and container requirements are met. This provision pro??? Wholesale produce dealers who must also meet these requirements before products can be sold to retailers.
3. An employee of a cooperative may sell for one of its members. 1392.2 (j)
The member must be a certified producer and the product can not be commingled with other members’ products.
4. In addition to fresh fruits, nuts and vegetables, certifiable products include shell eggs, honey, flowers and nursery stock. 1392 (l)
These products are easily certifiable because they are presently under the jurisdiction of the county agricultural commissioner relative to inspection and verification of compliance.
5. Nonagricultural product may not be sold in the area designated as the CFM 1392.4 (c)
Even though nonagricultural products may not be sold within the confines of a CFM, bakery products, crafts, ocean fish and other nonagricultural items may be sold adjacent to the CFM. Important: nonagricultural products and noncertifiable agricultural products are not the same.
When CFM rules allow the sale of nonagricultural products, the county agricultural commissioner may work with the CFM management to determine the CFM boundaries.
CERTIFIED PRODUCER’S CERTIFICATES
Definition: A certificate issued by the county agricultural commissioner authorizing the transportation and sale of certified agricultural products. 1392.2 (f)
1. Only one (1) original certificate is issued by the county agricultural commissioner. 1392.5 (d)
The original certificate is to be maintained in the issuing county agricultural commissioner’s office.
2. The issuing commissioner shall send a photocopy of the original certificate to each destination county listed on the original certificate. 1392.5 (f)
A copy of the original certificate is mailed to the destination county agricultural commissioner by the issuing commissioner. Producers will no longer be required to have certificates endorsed by the destination county agriculture commissioner provided that destination county is listed on the original certificate.
3. An embossed photocopy of the original certificate will serve as a valid cer6ified producer’s certificate. 1392.5 (e)
Only embossed photocopies of the original certificate will be valid. Certified producers selling at more than one CFM operating at the same time must obtain the necessary number of embossed photocopies of the original certificate to transport and sell cer6tified agricultural products. As stated in Section 21392.4 (d), the embossed certificate must be displayed at point of sale.
ONE CERTIFIED PRODUCER SELLING FOR TWO OTHER CERTIFIED PRODUCERS
1. A CFM may allow a certified producer to sell for up to two other certified producers. 1392.4 (g)
2. Past direct marketing regulations allowed a certified producer to sell for up to two other certified producers. The amended regulations require one certified producer to sell only his or her own product, unless the CFM rules specify that one certified producer may sell for up to two other certified producers. This responsibility for allowing one certified producer to sell for two other has shifted form the State to the individual CFMs.
2. In addition, the following criteria must be met:
a. Each certified producer’s agricultural products must be separate and identifiable. 1392.4 (g)(1)
b. The certified producer selling for other certified producers must also sell his or her own product. 1392.4 (g)(2)
c. The CFM must have written verification that the certified producer selling for other certified producers has authorization to do so. 1392.4 (g)(3)
RESPONSIBILITIES AND OBLIGATIONS
Some of the responsibilities and obligations listed below are unique to specific direct marketing participants while other responsibilities and obligations are common to all participants. Even though many of the certified producer and the producer responsibilities are the same, these responsibilities are listed under both headings for ease of reference.
CERTIFIED FARMERS’ MARKET
GOVERNING BODY AND MANAGER
1. Must obtain certification of a location approved by the county agricultural commissioner where agricultural products are sold by producers or certified producers to consumers. 1392.2 (a), 1392.6 (a)
A certified farmers’ market may be operated by one or more certified producers, by a nonprofit organization or by a local governmental agency.
2. Must obtain approval from applicable agencies of local government.. 1392.6 (c )
All zoning ordinances, environmental health permits, business licenses, use permits, and security and fire protection arrangements must be met before the CFM certificate is issued.
3. Shall officially prepare a set of market rules specifying:
a. Admission of producer; 1392.6 (d)(1)
b. Admission of agricultural products; 1392.6(d)(2)
c. Removal of producer from the market. 1392.6(d)(3)
4. Has authority to establish rules regulating:
a. Type and number of producers and certified producers; 1392.6(e)(1)
The rules must specify that one certified producer may sell for up to two other certified producers.
b. Type and number of certified and noncertifiable agricultural products; 1392.6(e)(2)
c. Methods of selling certified and noncertifiable agricultural products. 1392.6(e)(3)
Assignment of stalls to create a mix of agricultural products in the market is an example of “selling methods”.
5. Shall implement and enforce rules in a fair and equitable manner. (1392.6(f)
6. Shall send a copy of rules to the Department and the county agricultural commissioner. (1392.6(g)
7. May appeal to the director of the California Department of Food and Agriculture (CDFA) in writing within 30 days for denial or suspension of certificate 1392.11
CERTIFIED PRODUCER
(See Table 1)
Definition: A producer authorized by the county agricultural commissioner to sell certified agricultural products directly to consumers at CFMs. 1392.2(e)
1. May sell own production agricultural products at CFMs. 1392.1 (b), 1392.2 (h)(1), 1392.4(a)
Buying and reselling of agricultural products is prohibited at a CFM. All certifiable products must be listed on the certificate.
2. May sell exempted fruits, nuts and vegetables at a CFM or at the point of production., 1392.1 (d)(1)
Fruits, nuts and vegetables are exempted from standard pack, sizing, and certain labeling requirements. Except for the standard pack and container requirement exemptions for fresh produce, there are no exemptions from state or local ordinances for eggs, honey, flowers, nursery stock or any other noncertifiable agricultural product. Contact local county agricultural commissioner for details on affected commodities.
A Certified Producer’s Certificate is not required for selling agricultural products at the point of production. Therefore, a “certified producer” is considered a “producer” when selling agricultural products at the point of production.
3. Must obtain the necessary number of embossed photocopies of original Certified Producer’s Certificate from the agricultural commissioner and possess the certificate while transporting certified products (fruits, nuts, vegetables, eggs, honey, flowers and nursery stock) or selling certified products at a CFM. 1392.2 (b), 1392.4 (d), 1392.5 (e)
Example: If one certified producer sends employees to three different CFMs on the same day, each employee must have a separate embossed photocopy of the original certificate to transport certified products and sell at a CFM. The embossed certificate must be must be conspicuously posted at the point of sale.
4. Employees 1392.2 (j)
a. Receive a regular salary or wage which is not based on a commission of sales.
b. An employee of a cooperative may sell agricultural products for one of its members at a CFM.
c. Shall sell agricultural products in compliance with the California Uniform Retail Food Facilities Law (CURFEL) and the California Sherman Food, Drug and Cosmetic Law. 1392.4 (b)
In most cases, fresh fruits and vegetables are permitted under the CFM environment health permit. Processed agricultural products, such as dried fruit, will need an approved source permit from the local environment health department to ensure sanitary conditions were followed during processing. Each destination county may require a separate health permit for processed agricultural product sellers.
6. May sell only agricultural products at a CFM. 1392.4 (c )
Products other than agricultural are not allowed within the boundaries of a CFM.
7. Shall use an approved, tested and sealed scale. 1392.4 (e)
Scales are tested by the county sealer of weights and measures. Each destination county may require an additional test and seal. This gives each sealer a means of identifying and tracking the scales used in the county.
8. Shall label all prepackaged, closed consumer containers. 1392.4 (f)
Authority for identity, responsibility and quantity is found in the California Code of Regulations, Title 4, Division 9, Chapter 10, Article 2.
Identity - common or usual name of commodity. Section 4513.
Responsibility - includes name, street address, city, state, and zip code. Section 4515.
Quantity - a declaration of net quantity shall appear on the principal display panel of a consumer package. Section 4516.2.
Exemption: a package containing six or less items which are fully visible to the purchaser does not need a statement of count. Section 4521.28.
9. Shall sell own certified products only, unless specifically allowed by the CFM to sell for up to two other certified producers. 1392.4 (g)
Each CFM must specifically stipulate in its rules that one certified producer can dsell fro other certified producers; otherwise, a certified producer may sell own products ony.
10. may appeal to the director of CDFA in writing within 30 days for suspension of certificate or participation privileges. 1392.11
(NONCERTIFIED)
PRODUCER
(See Table 1.)
Definition: A person or entity who produces agricultural products upon the land which the person or entity controls. 1392.2 (d)
1. May become certified by applying to the local agricultural commissioner. 1392.5 (a)
2. May sell only noncertifiable agricultural products at a CFM. 1392.1 ©, 1392.2 (h)(2)
In order to sell certified agricultural products at a CVM, a producer must become certified.
3. May sell any agricultural product, including exempted fruits, nuts, and vegetables at or near the point of production. 1392.1 (d)(2), 1392.2 (h)(3)
Producer certification is not requi4red to sell agricultural products at a roadside stand.
4. Shall sell agricultural products in compliance with CURFEL and Sherman. 1392.4 (b)
A producer selling fresh produce or shell eggs at a roadside stand must comply with the requirements in CURFEL, Article 14 Produce Stands, Sections 27820 and 27821.
5. May sell only agricultural products at a CFM. 1392.4 (c )
Products other than agricultural, are not allowed within the boundaries of a CFM.
6. Shall use an approved, tested, and sealed scale. 1392.4 (e)
Scales are tested by the county sealer of wight6s and measures. Each destination county may require an additional test and seal. This gives each sealer a means of identifying and tracking the scales used in the county.
7. Shall label all prepackaged closed consumer containers. 1392.4 (f)
Authority for identity, responsibility, and quantity is found in the California Code of Regulations, Title 4, Division 9, Chapter 10, Article 2.
Identity - common or usual name of commodity. Section 4513.
Responsibility - includes name, street address, city, state, and zip code. Section 4515.
Quantity - a declaration of net quantity shall appear on the principal display panel of a consumer package. Section 4516.2.
Exemption: a package containing six or less items which are fully visible to the purchaser does not need a statement of count. Section 4521.28.
8. May appeal to the director of CDFA in writing within 30 days for denial or a certificate or participation privileges. 1392.11
COUNTY
AGRICULTUAL COMMISSIONER
1. Shall issue Certified Producer’s Certificates
a. Shall issue a Certified Producer’s Certificate after determining that the applicant meets the requirements. 1392.7 (a)
A certified producer must produce certified agricultural products on land he or she controls by the practice of the agricultural arts.
b. Certified Producer’s Certificate shall not be valid for more than 12 months. 1392.7 (c)
The commissioners should consider the seasonal production and varieties when issuing certificates.
c. Shall issue a Certified Farmers’ Market Certificate which shall be valid for 12 months from date of issue after determining that the applicant meets the requirements. 1392.7 (b), 1392.7 (d)
An applicant must represent one or more certified producers, a nonprofit organization or a local government agency which meets all state and local ordinances.
2. May charge a fee for issuing, modifying, verifying or renewing any certificate. 1392.8
This fee is set by th4e county board of supervisors.
3. Shall send a photocopy of the original certificate to each destination county agricultural commissioner. 1392.5 (f)
At the time of application, the certified producer will indicate the counties in which he or she will be selling at CFMs.
4. May initiate a notice and hearing process to review the actions of:
a. The certificate holder; 1392.10 (a)(1)
b. The certificate holder’s agent; 1392.20 (a)(2)
c. Any person who has violated regulations. 1392.10 (a)(3)
5. The hearing notice shall contain:
a. Specific violations; 1392.10 (b)(1)
b. A warning to cease violations; 1392.10(b)(2)
c. A hearing date. 1392.10 (b)(3)
6. May suspend a certificate and participation privileges for up to 18 months. 1392.10 ©(1-2)
A Guide to the Direct Marketing Regulations published in October, 1991 by:
California Department of Food and Agriculture
Table 1. Activities permitted by the direct marketing regulations for certified producers and noncertified producers.
| Activity | Certified Producer | Noncertified Producer |
| Sell exempted produce at CFMs.1392.1(d)(1) | Yes | No |
| Must obtain and posses a Certified Producer’s Certificate.1392.5(e), 1392.2(b), 1392.4(d) | Yes | No |
| Employees are regulated.1392.2(j) | Yes | No |
| One certified producer selling for two others.1392.4(g) | Yes | No |
| May become a certified producer.1392.5(a) | Yes | No |
| Sell only noncertified agricultural products at a CFM.1392.1(c), 1392.2(h)(2) | No | Yes |
| Sell own production.1392.1(a-c), 1392.2(h)(1-3), 1392.4(a) | Yes | Yes |
| Comply with CURFEL and “Sherman”.1392.4(b) | Yes | Yes |
| Sell only agricultural products at CFMs.1392.4(c) | Yes | Yes |
| Use approved, tested and sealed scales.1392.4(e) | Yes | No |
| Label prepackaged, closed containers.1392.4(f) | Yes | No |
| Sell any agricultural product at point of production.1392.1(d)(2), 1392.2(h)(3) | Yes | Yes |
| Appeal process for denial of privileges.1392.11 | Yes | Yes |
The regulations of the California Department of Food and Agriculture pertaining to Direct Marketing are included in the California Administrative Code, Title 3 (Agriculture), Chapter 3 (Economics), Subchapter 1 (Fruit and Vegetable Standardization), Group 4 (Fruits, Nuts and Vegetables), Article 6.5 (Direct Marketing).
The direct marketing regulations were originally adopted in 1977 and amended in April 1979 and July 1991.
CERTIFIED PRODUCER’S CERTIFICATE
Certified Farmers' Markets
| ACTIVITY | Certified Area (Produce Only) |
Vendor Area Temporary Events |
Vendor Area Vehicles |
| SAMPLING | Yes | Yes | No |
| CUTTING / PROCESSING | Yes | Yes | No |
| LABELING OF PACKAGED OR BULK ITEMS | Yes | Yes | Yes |
| HANDWASHING AND TOILET FACILITIES | Yes * | Yes Handwashing in Booth |
Yes |
| PRODUCE WASHING | Yes * | Not Applicable | Not Applicable |
| TRASH FACILITIES | Yes | Yes | Yes |
| PUBLIC HEALTH PERMITS | Annual | Sponsor-Annual Stand Operator-Quarterly |
Annual |
* If sampling operations are at market, handwashing facilities must be within 100 feet
(See explanation of marked items on next page)
PUBLIC HEALTH PERMITS
The following explain each numbered item on the sample permit from the
previous page:
1. Name of Permit Holder: The name of the operator or owner of the business. *Note* Permits are not transferable. Below the name of the permit holder is the DBA and mailing address for the business.
2, Type of Food Facility: This defines the type of business under permit, (e.g. restaurant, market, bakery, etc.).
3. Location of Retail Food Facility: This denotes only the location where food can be retailed, (with the exception of business codes 3000, 2300 - 2350, i.e. food vehicles/carts).
4. Account Number: This is the reference number that is used for determining the status of an operator, and should correspond to the name of the operator conducting that food business.
5. Expiration Date: Public Health Permits are valid on a fiscal basis of July 1 through June 30 of the following year.
6. Environmental Health District/Program Code: This code designates the DES office or specialty program that inspects the food facility.
7. Public Health Permit Codes: (Business Codes) These codes identify the type of facility by function and size. *Note* the business site address, (see item 2) denotes where this activity must take place. They are as follows:
2400 - 2420 Retail Food Markets
2740, 2750, 2760 Retail Food Processing Establishment, (i.e. bakery, confectionery)
2710, 2720, 2730 Wholesale Food Processing Establishment, (i.e. kitchens used solely for processing without retail sales, (caterers) manufacturing plants, (beverage bottling plants, frozen foods, airline flight kitchens, wholesale bakeries).
3600- 3670 Restaurants
FOOD SERVICE CARTS - YELLOW DECAL
Food Service Carts with handwashing / utensil sinks (2340) may sell:
hot dogs
popcorn
snowcones
espresso/cappuccino
Food Service Carts without (2310) may sell:
non-potentially hazardous drinks from bulk container
pretzels
churros
bakery products
FOOD SERVICE CARTS - GREEN DECAL
Food Service Carts without sinks (2300) may sell only:
prepackaged food items that are properly labeled and maintained at proper temperatures e.g., ice cream bars, sandwiches.
RETAIL, FOOD VEHICLE - GOLD DECAL (Color Changes Annually)
Retail Food Vehicle (3000) may sell:
produce
whole fish and whole aquatic invertebrates
prepackaged ice cream bars
prepackaged bakery items
*NOTE* Retail Food Vehicles, while operating at Certified Farmers’ Markets only, may store, display and sell from a table or display fixture apart from the vehicle, in a manner approved by local enforcement agency.
SAMPLE CERTIFICATION DECAL (Yellow or Green)
Certification Decal Expires on March 31 of each year.
SAMPLE PUBLIC ;HEALTH OPERATING PERMIT
FOR A FOOD SERVICE CART
*Note* Vehicle Number and Certificate Number Included
Public Health Permit is valid from July 1 through June 30 of the following year. Certification number on decal must correspond to the CERT. Number on the Public Health Permit.
SAMPLE RETAIL FOOD VEHICLE DECAL (Gold - Changes Color Yearly)
PUBLIC HEALTH PERMIT CODES FOR VEHICLES AND CARTS
VARIOUS RETAIL IX)CATION PERMTTS
3000 Food Vehicle-Various Prepackaged Products, (i.e. ice cream, candy, bread, whole produce, whole fish).
3050 Mobile Food Preparation Unit-Motorized/Non-Motorized, (i.e. a full kitchen on wheels, such as trailers of catering trucks).
2300 0ood Cart-Prepackaged foods only.
2310 Food Cart/No Sinks-limited food handing, (i.e. churros, pretzels).
2340 Food Cart /With Sinks-(i.e. hot dogs, shaved ices, espresso, popcorn).
California Uniform Retail Food Facilities Law
California Sherman Food, Drug and Cosmetic Law
California Code of Regulations, Direct Marketing
County Agricultural Commission
County CFM Training Guidebook Assembled April, 1993 by Elaine Palaiologos
Information Transcribed, Compiled, and Parts Composed by E1aine Plaiologos and Terrance Powell.
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