Food Sales at Farmers' Markets

Retail food sales are regulated by the Kansas Department of Agriculture.  The objective is to ensure that all foods offered for sale are safe and wholesome.

The sale of non-potentially hazardous foods is allowed at farmers' markets.  Non-potentially hazardous foods include baked goods, such as cookies, breads, cakes, cinnamon rolls and fruit pies.   Other non-potentially hazardous foods include fresh fruits and vegetables, nuts and honey.

• Home-grown produce may be sold, provided that any pesticide use complies with label directions.

• Packaged products must be labeled with the common name of the product, and the name and address of the producer.

• Ready-to-eat potentially hazardous foods may only be sold from a vendor operating in compliance with all applicable regulations.

• Packaged potentially hazardous foods must be from approved sources.

• The sale of fresh meat or meat products, fresh seafood and poultry are prohibited.

• The sale of frozen meats are allowed if they are from an inspected source, are properly labeled and are maintained frozen.

• Eggs may be sold if maintained at 45°F. Egg producers should register with the Kansas Department of Agriculture.

• Home-canned products, except jams and jellies, are prohibited.

• All foods on sale or display must be effectively protected from contamination.

The sale of potentially hazardous foods is restricted to protect the public from foodborne illness. Potentially hazardous foods consist in whole or in part of milk, milk products, eggs, meat, poultry or fish. Examples include:

• cream or meringue pies
• hamburger and hot dogs
• burritos
• egg rolls
• jerky
• summer sausage or similar products