FACT SHEET l Ohio Department of Agriculture


Governor Ted Strickland

Lieutenant Governor Lee Fisher

Director Robert J. Boggs

Food Safety Division

8995 East Main Street • Reynoldsburg, Ohio 43068

Phone: 614-752-9817 • Fax 614-466-4346

ODA URL: www.ohioagriculture.gov

E-mail: foodsafety@agri.ohio.gov

UPDATED:  08/03/2007 - DJS

FACT SHEET:  Farm Markets

December 1, 2003

FARM MARKETS FACT SHEET


CHAPTER 901:3-6-01  Farm Market, Farmers' Market Rules


1.  What is a farm market?

2.  Are all farm markets exempt from a Retail Food Establishment (RFE) license?

3.  What types of foods may the farm market offer for sale and still be exempt from the RFE license?

4.  Is a farm market prohibited from offering other foods for sale such as milk and cheese?

5.  Is a farm market that is listed in the Ohio Farmers’ Market Directory exempt from the RFE license?

6.  If a farm market is NOT exempt, how is it regulated?

7.  Who regulates exempt farm markets?

8.  How does a farm market register with the Ohio Department of Agriculture’s Division of Food Safety?


What is a farm market?

A farm market is a producer operated facility where fresh fruits and vegetables and other food items are offered for sale.

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Are all farm markets exempt from a Retail Food Establishment (RFE) license?

No, the exemption to an RFE license is based upon the types of foods being offered for sale at the farm market and registration with the Ohio Department of Agriculture’s Division of Food Safety.

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What types of foods may the farm market offer for sale and still be exempt from the RFE license?

A farm market that only offers for sale the following types of food items is exempt from the RFE license:

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Is a farm market prohibited from offering other foods for sale such as milk and cheese?

No. The farm market operator, however, will lose exemption status and will need to become licensed by their local health department as an RFE.

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Is a farm market that is listed in the Ohio Farmers’ Market Directory exempt from the RFE license?

Not necessarily. The exemption from the RFE license is based upon the types of foods being offered for sale at the farm market. The Ohio Farmers’ Market Directory is a state directory of farm markets that sell a variety of foods. Some of those listed in the directory may be exempt based upon the foods being offered for sale, while others may not be exempt.

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If a farm market is NOT exempt, how is it regulated?

A farm market that is not exempt because of the types of food it is selling is licensed and regulated by the local health department that has jurisdiction. It will be regulated under Chapter 3717 of the Revised Code as an RFE. The local health department will apply the Ohio Uniform Food Safety Code rules.

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Who regulates exempt farm markets?

The Ohio Department of Agriculture’s Division of Food Safety inspects farm markets that are exempt from the RFE license and that are registered with that division.

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How does a farm market register with the Ohio Department of Agriculture’s Division of Food Safety?

A farm market operator may contact the Division of Food Safety at 1-800-282-1955 to obtain registration information, or e- mail: foodsafety@agri.ohio.gov

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