* Typical commercial food operators (retail) include restaurants, caterers, school food service, institutions, day cares, grocery stores, food markets, cooperatives, bakeries, convenience stores, temporary food stands, etc.

Is a farmer selling produce to commercial food establishments considered an approved source?

Yes, this is considered an approved source if the food is not processed, is grown on the farm or garden occupied and cultivated by the farmer, and has not been prepared or stored in the private home.

Is a farmer required to have a license for foods that are processed?

Yes, a license is required if foods are processed by cutting, heating, canning, freezing, drying, mixing, coating, bottling, etc., and if off-farm ingredients have been added during any of those processes. A license is not required if no off-farm ingredients are added during processing, but all other applicable regulations must be followed, including use of an
inspected and approved kitchen facility. Processing does not include sorting, trimming as part of the harvesting process, or preliminary washing to remove extraneous soil and debris.
A license is required if foods are purchased for resale. In addition, if a person buys produce from another farmer for resale, that person may need to be licensed as a Minnesota Wholesale Produce Dealer. Further questions on this should be directed to the Minnesota Department of Agriculture.

If a farmer does not need a license, does that mean he or she does not have to comply with
good agricultural and management practices?

No, even though farmers may not be required to have a food handler’s license, they are still bound by various federal and state laws. For example, the Environmental Protection agency (EPA) has chemical restriction requirements, such as what can be used, amounts, and how and when it can be applied. Additionally, state agencies regulate fertilizer and pesticide use, irrigation waters, application of manure or sludge, etc. Minnesota Department of Agriculture’s Dairy and Food Inspection Division’s Food Inspection staff periodically spot check farmers at roadside stands, “u-pick” farms, and farmers markets by collecting food samples for laboratory analyses for residues and other possible contaminants.

How can a buyer or user become more knowledgeable about produce?

• Identify the source of the product (ask for an invoice, etc. that identifies the supplier or
grower’s name and address). Good recordkeeping is particularly important in case of a
trace-back of a product due to illness or injury.

• Visit the farm or ask for more information on production practices (if applicable).

• Look at the transportation vehicle for chemicals, cleanliness, odors, and obvious debris.

•Look at pallets, packages, and boxed stored foods for cross-contamination.

• Inspect the produce for signs of insects, disease, bruising and damage, freshness,
over-ripeness, and immaturity.

• Examine packages of food products to make sure that they are intact and not leaking, and for signs of contamination by rodents, insects, or birds.

• Check proper transport temperatures for potentially hazardous foods.

•Wash produce before using it to remove soil and surface contamination.

• If the produce is advertised as “organic” ask for documentation that references the
USDA Certifying Agent.

Food Safety Resources

Below is a list of websites that contain further information about produce and variety of other food safety topics.

• National Food Safety Programs (a lot of information on produce)
www.cfsan.fda.gov/~dms/fs-toc.html

• Cornell University’s Good Agricultural Practices Project (EXCELLENT food safety
information—grower’s guide, farm checklist, PowerPoint presentations, etc.)
www.gaps.cornell.edu/

• Center of Disease Control’s (CDC) Food Safety Office (information on foodborne diseases)
www.cdc.gov/foodsafety/

• USDA’s National Organic Food Program (organic food law, certifying agents, and more)
www.ams.usda.gov/nop/

• Minnesota Food Code (regulations for retailers)
www.health.state.mn.us/divs/eh/food/foodcode/foodcode/index.html

• Minnesota State Laws (statutes)
www.leg.state.mn.us/leg/statutes.asp

Minnesota Food Code Fact Sheets (food safety fact sheets on the Minnesota Food Code,
including information on approved sources and receiving safe food)
www.health.state.mn.us/divs/eh/food/foodcode/cooling.html 

• Minnesota Department of Agriculture
www.mda.state.mn.us

• Minnesota Department of Health
www.health.state.us/divs/eh

• University of Minnesota Extension
www.extension.umn.edu/

For questions or more information, please contact your local health department or:

Minnesota Department of Agriculture
Dairy and Food Inspection Division
90 W Plato Blvd, St. Paul, MN 55107
(651) 201-6027

Minnesota Department of Health
Division of Environmental Health
Section of Environmental Health Services
PO Box 64975, St. Paul, MN 55164
(651) 215-0870
An equal opportunity educator and employer

This fact sheet was originally authored in 2003 by Lynn Mader as part of a project coordinated by Pride of the Prairie, a collaborative project of area farmers and citizens;
Land Stewardship Project, University of Minnesota-Morris; University of Minnesota Extension Service; West Central Regional Sustainable Development Partnership; and the
Sustainable Farming Association of Minnesota. The Minnesota Department of Agriculture and the Minnesota Department of Public Health were partners in the project, and financial support was provided by the North Central Sustainable Agriculture Professional Development Program (SARE PDP). The fact sheet was updated in July 2006 by Kevin Elfering, head of the Dairy and Food Inspection Division at the Minnesota Department of Agriculture, (651) 201-6027.