Farmers Market Permitting

A farmer’s market is a food facility, as defined by the California Retail Food Code. A food facility is required to have an Environmental Health Permit to before it may open for business. This document will identify the licensing and inspection procedures to be followed so that certified farmers’ markets to may operate in a manner that meets the health and safety goals of the Kern County Public Health Services Department, Environmental Health Division.

Definitions

Agricultural products mean certified and non-certifiable agricultural products, as defined by the California Department of Food and Agriculture (CCR 1392.2(k)) Food and Agricultural Code, Direct Marketing.
Approved means acceptable to the enforcement agency based on a determination of conformity with applicable laws, or, in the absence of applicable laws, current public health principles, practices, and generally recognized industry standards that protect public health.  (Section 113734)
Approved Source means a food from a source that complies with all applicable laws, a producer, manufacturer, distributor or transporter that meets the requirements of the California Retail Food Code.  (Section 113735)
Certified Agricultural Products means agricultural products, which are certified under the jurisdiction of the county agricultural commissioner relative to inspection and verification of compliance with the provisions of the Direct Marketing regulations.  They include fresh fruits, nuts, vegetables, shell eggs, honey, flowers, and nursery stock.  (CCR 1392.2 (1))
Certified Farmers’ Market means a location that is certified by the State of California through  the enforcement officers of the county agricultural commissioners and operated pursuant to Chapter 10.5 (commencing  with Section 47000) of Division 17 of the Food and Agricultural Code.  (Section 113742)
Community Event means an event that is of civic, political, public, or educational nature, including state and county fairs, city festivals, circuses, and other public gathering events approved by the local enforcement agency.  (Section 113755)
Enforcement Officer means the director, agents, or environmental health specialists appointed by the Director of Health Services, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists or environmental health specialist trainees.  (Section 113774)
Event Organizer means person or organization responsible for facilities that are shared by two or more food facilities at a community event. (Section 114381.1)
Food preparation means packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food, but does not include trimming of produce.  (Section 113791)
Mobile Food Facility means a vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail.  Mobile food facility does not include a transport used to transport packaged food from a food facility, or the approved source to the consumer.  (Section 113831)
Non-Certifiable agricultural products means certified agricultural products that have been processed, including but not limited to products from any tree, vine, or plant and their flowers (including processed products), livestock (including rabbits) and livestock products, and fish and shellfish produced under controlled conditions in waters or ponds located in California.  (CCR 1392.2 (m)) These include dried fruits and vegetables, processed nuts, juices, jams, pickled or smoked agricultural products, live animals, livestock, aquaculture, and viticulture. These products may be dried, ground, roasted, juiced, smoked or otherwise altered in a one-stage process by a second party. Canned foods are permitted if processed in an approved facility. Products in this category must have been grown, bred, raised, cultivated or collected upon land, which the producer controls.
Potentially hazardous food means a food that is natural or synthetic and that requires temperature control because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic micro-organisms, the growth and toxin production of Clostridium botulinum, or in raw shell eggs, the growth of salmonella Enteritidis.  Potentially hazardous food includes a food of animal origin that is raw or heat-treated, a food of plant origin that is heat-treated or consists of raw seed sprouts, cut melons, garlic–in-oil mixtures that are not acidified or otherwise modified at a food processing plant  in a way that results in mixtures that do not support growth of infectious or toxigenic micro-organisms.  (Section 113871)
Processed Products means certified agricultural products that have been dried, ground, roasted, juiced, smoked or otherwise altered in a one-stage process by a second party.  Certified agricultural products that have been cooked, canned, preserved or otherwise treated.
Produce means any whole fruit or vegetable in its raw and natural state.  (Section 113877)
Temporary Food Facility means a food facility approved by the enforcement officer that may be readily disassembled for storage of for transporting, and readily assembled to its original integrity at a different location, is easily movable, and operates at a fixed location for the duration of an approved community event.  (Section 113930)

Forms and Documents From other Agencies

  1. Application for Environmental Health Permit
  2. Restroom Authorization
  3. Copy of certification from the Kern County Department of Agriculture
  4. List of certified farmers – Vendors selling processed products must provide the Facility Identification Number of the approved processing facility as issued on the Kern County Environmental Health Permit.
  5. Diagram of CFM layout
  6. Application for a Community Event – if non-agricultural products will be sold
  7. List of temporary food facility vendors
  8. Diagram of event layout

Operational Guidelines

  1. An Environmental Health Permit shall be posted in a conspicuous place at the Certified Farmers’ Market (CFM).
  2. Only agricultural products, as defined, may be sold or offered for sale at a CFM. See Appendix A- Certified and Non-Certifiable Agricultural Products
  3. All food shall be manufactured, produced, prepared, compounded, packed, stored, transported, and kept for sale. And served so as to be pure and free from adulteration and spoilage; shall have been obtained from approved sources; shall be protected from dirt vermin, unnecessary handling, droplet contamination, overhead leakage, or other environmental sources of contamination; shall otherwise be fully fit for human consumption; and shall conform to the applicable provisions of the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875)).
  4. Processed foods must be produced and stored in a facility approved by the Environmental Health Division or the appropriate state agency.  All processed foods shall be properly packaged and labeled. The vendor must display his Environmental Health permit.
  5. All products sold as organic must be grown, produced, processed and labeled in accordance with the Health and Safety Code beginning with Section 1105810.
  6. Prepackaged foods shall be labeled. Labeling shall include the common name of the product, an ingredients list by order of weight, a statement of quantity (e.g. net weight, volume or count) and the name, address and zip code of the producer.
  7. Foods sold in bulk, like coffee beans, dried beans, lentils, granola, whole grains, dried fruit, etc., may be sold bulk if hand-washing is available. There can be no bare hand contact with ready to eat bulk foods.  Items may not be self serve.
  8. All food shall be stored at least six inches off the floor or ground or under any other conditions that are approved
  9. Food preparation is prohibited at a CFM with the exception of food samples. Distribution of food samples may occur provided that the following sanitary conditions exist. See Appendix B Sampling and Sanitation Guidelines
    1. Samples shall be kept in approved, clean, covered containers.
    2. All food samples shall be distributed by the producer in a sanitary manner.
    3. Clean, disposable plastic gloves shall be used when cutting food samples.
    4. Food intended for sampling shall be washed or cleaned of any soil or other material by potable water in order that it is wholesome and safe for consumption.
    5. Potable water shall be available for handwashing and sanitizing as approved by the enforcement officer.
    6. Potentially hazardous food samples shall be maintained at or below 45 degrees F and shall be disposed of within two hours after cutting.
    7. Wastewater shall be disposed of in a facility connected to the public sewer system or in a manner approved by the enforcement agency.
    8. Utensils and cutting surfaces shall be smooth, nonabsorbent, and easily cleanable or single-use articles shall be utilized.
    9. Each booth shall have facilities for washing utensils, cleaning equipment and for general purpose cleaning.
  10. Approved toilet and handwashing facilities shall be available with 200 feet travel distance of the premises of the CFM or as approved by the enforcement officer.
  11. No live animals, birds, or fowl shall be kept or allowed with 20 feet of any area where food is stored or held for sale. This subdivision does not apply to guide dogs, signal dogs, or service dogs when used in the manner specified in Section 54.1 of the Civil Code.
  12. All garbage and refuse shall be stored and disposed of in manner approved by the enforcement officer.
  13. Mobile Food Facilities selling food under the jurisdiction and management of a CFM may store, display, and sell from a table or display fixture apart from the mobile food facility in a manner approved by the enforcement agency.
  14. Temporary Food Facilities may be operated as a separate community event adjacent to and in conjunction with a CFM that is operated as a community event. The event organizer at which one or more temporary food facilities operate shall comply with Section 114381.1. See Appendix C – Community Event Packet
  15. Mobile Food Facilities may be operated as a separate community event adjacent to and in conjunction with a CFM that is operated as a community event.  The event organizer at which one or more temporary food facilities operate shall comply with Section 114381.1. See Appendix C – Community Event Packet
  16. Mobile Food Facilities and Temporary Food Facilities selling non-agricultural food products are required to have a valid Environmental Health Permit and are not considered part of the CFM. Non-agricultural products are food items other than certified agricultural products or non-certifiable agricultural products, such as bakery products, cooked meals or ice cream.
  17. Raw eggs may be stored and displayed without refrigeration if all of the following conditions are met:
    1. The eggs were produced by poultry owned by the seller and collected on the seller’s property.
    2. The eggs are not placed in direct sunlight during storage or display.
    3. Retail egg containers are prominently labeled “refrigerate after purchase’ or the seller posts a conspicuous sign advising consumers that the eggs are to be refrigerated as soon as practical after purchase.
    4. Retail egg containers are conspicuously identified as to the date of the pack.
    5. The eggs have been cleaned and sanitized.
    6. The eggs are not checked, cracked, or broken.
    7. Any eggs that are stored and displayed at temperatures of 90 F° or below that are unsold after four days from the date of pack shall be stored and displayed at an ambient temperature of 45 F° or below, diverted to pasteurization, or destroyed in a manner approved by the enforcement agency.
    8. Any eggs that are stored and displayed at temperatures above 90 F° that are unsold after four days from the date of pack shall be diverted to pasteurization or destroyed in a manner approved by the enforcement agency.
  18. Dispensing methods for bulk sales of ready-to-eat, non-certifiable agricultural products such as dried fruit and shelled nuts shall be approved by the local enforcement agency. See Appendix B – Sampling and Sanitation Guidelines
  19. Potentially hazardous food not held for sampling, shall be stored and displayed at or below 41°F at all times.
  20. Uninspected, processed red meat, poultry, fowl, or rabbits may not be sold.

Required Permits & Related Information

Each Certified Farmers’ Market shall have an approved Health Permit and be inspected by the Division. The application is available by download below.

Click Here for application

If applicable, obtain a Community Event Organizer permit and any Temporary Food Facility permits.
  • Community Event Organizer permit
  • Temporary Food Facility permits
The full permit fee is required for a Certified Famers’ Market permit obtained between July and December 31. A prorated permit fee is required for a permit obtained between January and June.

Certified Farmers’ Market Fees

Full Permit Fee Prorated Permit Fee
Application Fee Permit Fee Total Fees Application Fee Prorated Fee Total Prorated Fee
$75.00 $260.00 $335.00 $75.00 $130.00 $205.00

Community Event Fee When Associated With A Certified Farmers’ Market

Full Permit Fee Prorated Permit Fee
Number of Food Vendors
(not certified farmers)
Application Fee Permit Fee Total Fees Application Fee Prorated Fee Total Prorated Fee
Small Event: 1-5 $75.00 $260.00 $335.00 $75.00 $130.00 $205.00
Medium Event: 6-15 $75.00 $300.00 $375.00 $75.00 $150.00 $225.00
Large Event Over: 16 or more $75.00 $390.00 $465.00 $75.00 $195.00 $270.00
The health permit expires on June 30 of every year. You will receive your renewal information in the mail.
Additional permits/licenses will be required depending on whether you operate within the City of Bakersfield, the unincorporated county area, or another incorporated area. In addition, most incorporated cities may have special requirements or restrictions for this type of facility. Please check with the City Manager of any city in which you plan to operate prior to setting up the facility.

CITY OF BAKERSFIELD

Business Licenses
1715 Chester Ave
Telephone (661)326-3762

COUNTY OF KERN AREA

Kern County Sheriff’s Office
1350 Norris Road
Telephone (661)391-7500

Kern County Public Health Services Department
Environmental Health Division
2700 M Street, Suite 300
Bakersfield, CA 93301
Phone (661) 862-8740 or (800) 552-5376; FAX (661) 862-8701

Appendix A

Certified and Non-Certifiable Agricultural Products

Agricultural products mean certified and non-certifiable agricultural products, as defined by the California Department of Food and Agriculture (CCR 1392.2(k)) Food & Agricultural Code, Direct Marketing.

Certified Agricultural Products are agricultural products that have been certified by the county agricultural commissioner and meet the Direct Marketing regulations. Certified agricultural products include:

  • fresh fruits
  • nuts
  • vegetables
  • shell eggs
  • honey
  • flowers
  • nursery stock

Non-Certifiable agricultural products are certified agricultural products that have been processed These products may be dried, ground, roasted, juiced, smoked or otherwise altered by adding a limited number of ingredients or additives which act only as preservative or are essential in the preparation of the product. Foods must be processed in a facility approved by the Kern County Environmental Health Division or the California Department of Public Health. Products in this category must have been grown, bred, raised, cultivated or collected upon land, which the producer controls. Non-certifiable agricultural products include but are not limited to:

  • dried fruits
  • dried vegetables
  • processed nuts
  • juices
  • jams and jellies (only pectin and sugar added)
  • pickled or agricultural products (such as pickles and cucumbers in a brine or vinegar solution)
  • smoked agricultural products (natural smoking of meat or poultry for drying)
  • olive oil
  • wine
  • products from any tree, vine, or plant and their flowers
  • livestock (including rabbits)
  • livestock products
  • and fish and shellfish produced under controlled conditions in waters or ponds located in California

Nonagricultural products are Items that require multiple steps to process or are made from items that have not have been grown, bred, raised, cultivated or collected upon land, which the producer controls are non-agricultural products. Non-agricultural products may only be sold from a Temporary Food Facility at a Community Event adjacent to the Certified Farmers’ Market. Examples of these items include but are not limited to:

  • baked goods such as pies, bread or cookies
  • cooked meals
  • bottled water or sodas
  • ice cream or yogurt

Appendix B

Sampling and Sanitation Guidelines

GUIDELINES FOR SAMPLING AT FARMERS’ MARKET EVENTS

Providing samples at Certified Farmers’ Markets allows customers to try a product before purchasing it. However, unsafe sampling methods can adulterate or contaminate food and can result in food borne illness. The California Retail Food Code (CAL CODE) requires that basic sanitation practices be followed when samples are dispensed at farmers’ markets. Marin County’s Environmental Health Services (EHS) interprets the state law as follows to ensure that the public’s health is protected. Follow these basic sanitation practices for healthy and legal sampling.

  1. Produce intended for sampling must be washed. Washing is to remove dirt, soil, and any other contaminants. An antiseptic vegetable wash product is strongly recommended.
  2. Set up the hand washing and utensil washing stations FIRST. Thoroughly wash hands before the farmers market. Food handling at the farmers market requires a hand washing station. If money is handled, hands must be rewashed.
  3. A hand washing station consists of:
    · a 5 to 7 gallon container of water with a hands free dispensing valve
    · a 5 gallon catch basin
    · potable water, preferably at 100 degrees Fahrenheit
    · liquid hand washing soap in pump or squeeze bottle
    · paper towel supply for the entire day.
  4. A utensil washing station consists of:
    · 3 five-gallon containers
    · one of the containers holds soapy water for washing
    · one of the containers holds clean water for rinsing
    · one of the containers holds bleach in water for sanitizing (use one tablespoon bleach per gallon of water to provide a solution of 100 ppm chlorine).
  5. Provide containers with sneeze and handling protection.
  6. Use disposable gloves when cutting or handling products. Do not reuse gloves after touching contaminated surfaces, or money.
  7. Use toothpicks, wax paper, paper sampling cups, or disposable utensils to distribute samples. The idea is to prevent customers’ hands or fingers from touching the samples or contaminating the food.
  8. Use only sanitized knives and cutting boards for cutting samples.
  9. Use a plastic bag lined waste basket for sampling preparation and distribution waste disposal.
  10. Do not dump wastewater on ground or pavement.

Examples of Hand Washing and Utensil Washing Set-up

Appendix C

Community Event Packet

EVENT ORGANIZERS AND ENVIRONMENTAL HEALTH WORKING TOGETHER

The Kern County Public Health Services Department, Environmental Health Division, is the agency responsible for the regulation of all event organizers and vendors which operate at community events at which food will be provided. Our goal is to work with event organizers to ensure that all food facilities are operated in a safe and sanitary manner and help vendors obtain a valid permit.

The California Retail Food Code requires:

  • The organization responsible for a community event at which food/beverages are sold/donated shall obtained an Environmental Health Permit. The event organizer will be responsible for compliance with the health regulations by the food vendors.
  • Each food facility participating in a community event shall obtain an Environmental Health Permit.
  • The event organizer and the food facilities must obtain permits at least 14 days prior to the event.

A ‘community event’ means an event that is of a civic, political, public, or educational nature, including state and county fairs, city festival, circuses, and other similar events. A community event does not include grand opening celebrations; customer appreciation celebrations; or food given away to promote sales at non-food related facilities. For example: hot dogs bar-b-qued and given away to customers at a car lot or model home is not an event and is not allowed.

A ‘Temporary Food Facility’ is a food booth which is temporary and which operates at a community event. All profit and nonprofit vendors at these events are required to obtain a health permit before storing, preparing or selling food and/or beverages. The booklet “Temporary Food Facility Guidelines” outlines these requirements.

REQUIREMENTS FOR ORGANIZERS OF COMMUNITY EVENTS

The event organizer must submit a completed application at least 14 days prior to the event. A complete application includes:

  • Application page – (Check Community Event Sponsor box)
  • Application part 2
  • List of vendors with each program number
  • Lay out of event including restroom, common hand washing or utensil washing facilities

Please notify us as soon as possible if there are changes after submitting your application, such as:

  • Dates of the event
  • Location of the event
  • Event organizer contact name and telephone number
  • If there will be no food or drink at your event
  • Addition of a vendor

REQUIREMENTS FOR FOOD VENDORS

All food vendors, whether for profit or nonprofit, are required to obtain an Environmental Health Permit. The California Retail Food Code provides requirements for the operation of a temporary food facility are contained Food includes any food and/or beverages which is sold or given away.

Food vendors such as hot dog carts, catering and mobile food preparation vehicles which have valid health permits must operate under the conditions of that permit. If a food vendor changes the operation and sets up a temporary food facility, then a temporary food facility health permit is required.

Note

Environmental Health permits for restaurants and markets are valid only for the business location. That permit is not valid at a community event.

For example, if vendor has a health permit for a pizza parlor, he must obtain a temporary food facility health permit in order to sell pizza from a booth at a community event.

Guide to Temporary food Facilities

The booklet “Temporary Food Facility Guidelines” is available at the Environmental Health Division office.  This booklet contains vital information on: food booth construction; basic safe food handling practices and requirements; a facility check list to insure that the booth is in compliance prior to inspection; and an application form for a Temporary Food Facility which must be submitted to Environmental Health Division.

POTENTIAL FOR FOODBORNE ILLNESS AT A COMMUNITY EVENT

Large numbers of people attend community events.  A wide variety of foods are served.  Many food vendors are inexperienced in proper food handling.  The following factors contribute to possible foodborne illness at a community event:

✓ Food out of temperature (cold food must be at 41º F or less, hot food must be 135º F or higher)

✓ Poor food handling practices

✓ Insufficient protection of food from contamination

✓ Insufficient cold or hot holding equipment

✓ Inadequate equipment

✓ Unapproved source of food

✓ Contamination by workers or other source

 

QUESTIONS?

If you have any questions regarding event organizer information or food booths, please call the food program at (661) 862-8700 or (800) 552-5376.

 

Kern County Public Health Services Department
Environmental Health Division

2700 M Street, Suite 300
Bakersfield, CA 93301

Phone (661) 862-8740 or (800) 552-5376; FAX (661) 862-8701