IV. D. 1. Processed Foods

Vendor Handbook
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All food, except fresh fruits and vegetables, sold at farmers markets are considered processed foods.

Generally speaking, processed foods in any form, packaged for resale, and offered for sale at a farmers market must come from a licensed and inspected facility. (T.C.A. § 53-1-204). During the application process copies of applicable permits will be requested. Approved vendors should also ensure the Market has a copy of current permits.

There are exceptions under the Food Freedom Act for items that are made at a person’s residence, sold directly to the consumer, and do not require time or temperature control. (T.C.A. § 53-1-118). For information about this exception, please see the linked Tennessee Department of Agriculture information page regarding the Food Freedom Act. It is not always obvious which items fall into this exception, so please review all resources carefully before you conclude you do not need a permit from the Department of Agriculture.

If you believe you should be exempt from permitting due to the Food Freedom Act, you may be asked to demonstrate that your product does not require temperature or time control. This may include acidity testing, requests for exact recipes of your food items, referrals to a licensed laboratory for testing, or other similar methods.

We will also request copies of all labels to ensure compliance with the following labeling requirements:

  • The name, home address, and telephone number of the producer of the homemade food item;
  • The common or usual name of the food
  • The ingredients of the homemade food item in descending order of predominance;
  • The following statement: “This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens.”

Regulations are subject to change and it is the responsibility of the vendor to make sure that they remain compliant and up-to-date. For further information please visit Tennessee Department of Agriculture - TN.gov

Processed foods are subject to our insurance requirements.

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