Ye gads! I was searching the state of OR website, looking for info on a bill my friend told me about, that would ease the food sale requirements, and I decided to look up the requirements -- this is why I am so worried about having this at the fairgrounds! They have "covered themselves" by saying "as long as it's not illegal" - as far as I can see, quite a bit of what we sold -- and had at the potluck -- at the spring swap was illegal!! I'm not saying any of our stuff is bad (I personally take great care, and I'm sure you all do), but that makes no difference to the laws.
Here's a sampling of the laws:
Any establishment operating in connection with any event where food is prepared or served for consumption by the public would require a license, regardless of whether the food is offered for sale or provided free of charge. A temporary restaurant license is required for functions such as fund raisers events advertised to the public, fairs, carnivals, circuses, festivals and concerts. In addition, homemade food offered at such events to the public must be prepared in a kitchen that has been inspected by the local environmental health department. You may review the licensing information pertaining to restaurants and mobile units on the Oregon Health Authority, Public Health website or contact your local environmental health department to review the regulations. Outdoor food sales, such as barbeques and mobile food units that are not operating on property owned/leased by an Oregon Department of Agriculture licensed firm under an employee of the licensed firm, would be subject to regulations and licensing under the Department of Human Services Oregon Administrative Rule 333-162 .
(Ours isn't strictly a farmers market, but we seem to be operating similarly)
Farmers markets should make reasonable efforts to ensure that all vendors selling
products requiring licenses have obtained them and are maintaining those licenses.
Each market manager or other responsible person designated by the
organization operating the market should maintain a copy of vendor licenses or a
record of the number of the license. Licenses are listed on the ODA website and
can be accessed using license numbers and/ or other data routinely furnished by
vendors. (See contacts on page 20.)
Processed foods
Baked goods, dairy products, jams, jellies, preserves, salsas, vinegars, oils, salad
dressings, frozen berries and cherries, dried herbs, and dehydrated fruits and vegetables
are examples of common farmers market products that must be processed in a
licensed facility. (See definitions on page 17 for a more complete list food processing
activities.) Home kitchens that meet requirements may be licensed as domestic
kitchens for some food processing activities. Jams, jellies and baked goods are
often allowed under a domestic kitchen license, but dairy, meats and low-acid
canned goods are not allowed in domestic kitchens. Vendors should consult their ODA
food safety specialist to make sure the products they plan to sell can
.
Certain baked goods are potentially hazardous foods. Cheesecake is one
example, but some foods may not be as obvious. Vendors should talk with their food
safety specialist to determine whether the licensed foods they sell fall into this
category. Potentially hazardous foods in general must be stored, displayed and offered for sale packaged and refrigerated at or below 41 degrees F. Frozen products must stay
frozen. Maintaining these foods at appropriate temperatures in an outdoor
environment generally requires use of ice chests or other containers filled with ice or
dry ice surrounding the product except for eggs, which must be kept dry. Care
should be taken to prevent accumulation of water from melted ice. Other products
sometimes used to keep food cold, such as blue ice packs, are often not effective
.
So what do we do?? If we have it on private property, none of this applies...
(BTW, Zoo - your cheesecake is only hazardous to my waistline. LOL!)
