Nebraska Department of Agriculture

Food Safety & Consumer Protection
Foods

Guidelines for Farmers Market

What can be sold without a permit?
Fresh produce, some baked items, canned pop, and snack items.

What can be sold with a permit?
Requirement: No person shall operate a food establishment without a valid permit which sets forth the types of operation occurring with the establishment.

A 'food establishment' is an operation that stores, prepares, packages, serves, sells, vends, or otherwise provides food for human consumption.

This does not include a produce stand offering only whole, uncut fresh fruits and vegetables.

Permits will be required for all commercial establishments including stands selling fountain pop, prepared drinks, and sandwiches, for operators selling potentially hazardous foods, such as meat, poultry, and fish, and for persons meeting the requirements for bakers.

What is the placard requirement for farmers market sales?
A clearly visible placard is required at the sale location stating the food was not prepared in an inspected, licensed food preparation area.

What can't be sold?
Home canned products such as green beans, tomatoes, pickles, salsa, and fruits; raw milk; meats from an uninspected sources; and soft or creme pies. *

Where to get licenses.
State and local sanitarians issue permits. A preopening inspection is recommended.

Temporary food establishment.
Prepared items such as sandwiches and open drinks. A one-time permit fee and an annual inspection fee is required.

Itinerant food vendor permit.
Prepackaged items, including poultry, fish, and meat items. A one-time permit fee and an annual inspection fee is required.

Mobile food units and pushcarts.
There is a fee per each unit.

* These products may be sold if prepared in an inspected, permitted facility.

Requirements for specific items.

Red Meat:

Must be slaughtered, processed, and packaged under USDA inspection (not a custom-exempt plant).
Must be packaged and be labeled with USDA Est. #, name, address of producer, packer or distributor, weight, price per pound, and total price.
Must be maintained refrigerated.
Seller must have a permit.

Poultry (if of own raising):

May be slaughtered and processed in a USDA facility or a facility under state inspection.
Must be packaged with USDA exemption statement, name, address of producer, packer or distributor, weight, price per pound, and total price.
Must be maintained refrigerated/frozen.
Seller must have a permit.

Poultry (if not of own raising):

Must be slaughtered and processed in a USDA facility.
Must be packaged with USDA Est. #, name, address of producer, packer or distributor, weight, price per pound, and total price.
Must be maintained refrigerated/frozen.
Seller must have a permit.

Game animals (includes rabbits, fish, buffalo, pheasants, etc.):

May be slaughtered and processed in a USDA facility or a facility under state inspection.
Must be packaged with name, address of producer, packer or distributor, weight, price per pound, and total price.
Must be maintained refrigerated/frozen.
Seller must have a permit.

Eggs:

From own flock, must be clean, candled for quality, have Nebraska Egg Code Number, kept refrigerated.

Baked goods:

Limited to non-potentially hazardous baked goods; bread, cookies, and fruit pies.
Limited to baking on three or fewer days per week.
Commercial bakers are required to produce the baked goods in an inspected facility.

No permit required for the following (vendors selling the following items do not require permits):

Fresh fruits and vegetables.
Crafts and flowers.
Baked goods - rolls, breads, two-crust pies, etc.
Jams and jellies.
Eggs from local producers - must be clean, candled and refrigerated.

Permit required (a food establishment permit is required in order to sell the following items):

Prepared food and drinks (tea, hamburgers, fountain pop, etc.) Temporary Food Stand Permit required.
Meat (beef, pork, and lamb). Products must be processed in a USDA facility, properly labeled, kept frozen or refrigerated. Itinerant Food Vendor Permit required.
Game meat (pheasant, buffalo, fish, rabbit, etc.). Products must be processed in a state or federally inspected facility, properly labeled, refrigerated or frozen. Processor Permit/Itinerant Food Vendor Permit required.
Chicken. Must be from producer's own raising and must be processed in a state or federally inspected facility, properly labeled, refrigerated or frozen. Processor Permit/Itinerant Food Vendor Permit required.

Food Products that cannot be sold at farmers market (the Nebraska Department of Agriculture will not allow the sale of the following, potentially hazardous, foods that usually require refrigeration):

Raw (unpasteurized) milk.

Home-canned low acid foods, including pickles and salsas.

Creme pies.

Red meats that have not been processed under USDA inspection.

Nebraska Department of Agriculture
Food Safety & Consumer Protection
402-471-3422
www.agr.ne.gov

NE State Agencies | Nebraska.gov | Governor Heineman | Policies