VENDOR BOOT CAMP2016

WHAT CAN I SELL AT THE MARKET?

FARM DIRECT, VALUE ADDED & THE BAKING BILL

Direct retail sales of the following are exempt from ODA licensing, if

processed in a home kitchen (within the residence – outbuildings are

not allowed) and follows certain guidelines:

Fruit based syrups, fruit in syrup

James, jellies, preserves

Acidified fruits & vegetables (pickles, chutneys, relishes)

Lacto-fermented fruits and vegetables (kraut, kimchee)

Non potentially hazardous baked goods and confections

WHAT IS POTENTIALLY HAZARDOUS FOOD?

Potentially Hazardous Food is a term used by food safety

organizations to classify foods that require time-

temperature control to keep them safe for human

consumption. A PHF is a food that contains moisture, or

contains protein.

Any baked goods that require refrigeration are not

allowed which means that many cheese and/or fresh herb

breads are not allowed, and none may contain meat.

ARE YOU A TALENTED HOME BAKER?

Oregon’s new cottage food law (Senate Bill 320)

went into effect on January 1st, 2016. This

“home baking bill,” allows certain baked goods

to be prepared in home kitchens and directly

sold to the consumer (no sales to restaurants).

FARM DIRECT MARKETING LAW

Processor (value added food producer) must grow all of the principal

ingredients used in production of their products. From Strawberry

Jam to Salsa, all the primary ingredients (berries, tomatoes, onions,

peppers, garlic, etc.) must come from their farm. Exceptions are:

herbs, spices, salt, vinegar, pectin, lemon/lime juice, honey/sugar.

If you want to produce products that use purchased ingredients,

you must apply for an ODA license.

SALES LIMITATION

There is a $20,000 annual sales limitation under all of

the Farm Direct & Home Baking Laws, which includes

ALL products sold under the exemption. If you exceed

$20,000 for all products produced in your home kitchen,

you will be required to obtain an ODA license or use a

licensed co-packer.

(And if you make $20,000 you should be thrilled!!)

WHAT IS THE #1 GOAL OF ALL PRODUCERS?

The USDA and the ODA have policies and procedures

in place to ensure customer safety…

… and that is the #1 goal of all producers!

NOT ONLY IS CUSTOMER SAFETY OUR #1 GOAL, BEST PRACTICE AND LEGAL RESPONSIBILITIES ARE AS WELL.

So, why has the Oregon Department of Agriculture allowed food

producers to sell under such lenient guidelines?

* TO PROMOTE SMALL BUSINESSES

* TO ALLOW THEM TO TRY OUT A MARKET

Farmers can increase their product offering and extend the market season.

Home producers can meet growing consumer demand for local, farm-direct foods.

LABELING: ALL STATE & FEDERAL LABELING

REQUIREMENTS APPLY

PRINCIPLE DISPLAY PANEL:

All required information must be on the front PDP

*Name of Food or Product

*Net Quantity or Amount

*Name and Physical Address of Producer

Ingredient List (including allergen statement)

LETTERING

• Prominent, Conspicuous, Easy to read lettering; letters not

more than 3 times high as wide, must contrast sufficiently

with the background.

• Letters that are at least 1/16” high, based on the lower case

letter “o” -- depending on the SIZE of the label.

• PDP must not be crowded with artwork or non-required

labeling.

ADDRESS AND OTHER STATEMENTS

• Name of producer (as listed in directory, owner AND co. name)

• Full physical address regardless of whether the street address is

listed in a current directory or not; including City, State and Zip

• “This product is homemade and is not prepared in an inspected

food establishment”

• “Not For Resale”

NET QUANTITY OR AMOUNT

• Placed as a distinct item in the bottom 1/3rd of the PDP.

• BOTH metric (i.e. grams/liters) AND U.S. Customary System (i.e.

ounces/pounds)

• i.e. “Net contents 16 oz (0.5 L)

• *With volume measurements, as with most home canned goods, a

certified scale is not necessary. Volume is calculated by the jar

capacity.

CALCULATE AREA OF PDP

• The area of the PDP determines the minimum type size that is permitted.

• Label height x width (multiply by 40% if label is on a cylindrical container)

• 5 sq. in. = 1/16 in.

• 5-25 sq. in. = 1/8 in.

• 25-100 sq in. = 3/16 in.

• 100-400 sq. in. = 1/4 in.

INGREDIENT LISTS

• Listing of each ingredient in descending order of predominance: (weight from most

to least)

• “INGREDIENTS: Green Beans, Water, Vinegar, and Salt”

• Always use the common (usual) name for ingredients.

• Use “sugar” instead of “sucrose”.

• Spices can be listed independently or as “spices” when added to a produce, UNLESS

the product itself is a spice blend (then they must be listed individually).

• “Vanilla extract” or “flavoring” may be used.

FOOD ALLERGEN STATEMENT

• Declare Major Allergens:

• *following ingredient list

• 1. Milk

• 2. Egg

• 3. Fish

• 4. Crustacean Shellfish

• 5. Tree Nuts

• 6. Wheat

• 7. Peanuts

• 8. Soybeans

GOOD NEWS: AN EXCEPTION!

Home processed foods are exempt from needing

nutrition labeling!

BATCH TESTS & RECIPE SOURCES

• Accurate batch test records must be kept of foods that are acidified to

decrease the pH below 4.6 (such as pickles, salsa, chutneys): Finished

pH values must be recorded for each batch and pH meter (if used)

must be calibrated and records maintained. (This does not apply to lower-risk

products such as jams and jellies)

• Recipes must come from 1 of 3 available references:

• USDA Complete Guide to Home Canning

• So Easy to Preserve

• Pacific NW Extension Food Preservation

SALES RECORDS

• Records of products sold, including price, quantity and a

current rolling year to date total.

• Copies must be maintained and available to the ODA for up

to 3 years.

• Remember that $20,000 sales limit!

ACIDIFIED / LACTO-FERMENTED

• An acidic food is a bottled, packaged, or canned food that either has a

natural equilibrium pH of 4.6 or less, has been lacto-fermented to decrease

the equilibrium pH to 4.6 or below.

• Lacto-what? For example, the brine used in sauerkraut creates an

anaerobic, acidic environment. Anaerobic means that there is no oxygen

present in the environment.

• Concerned about botulism? Botulism is a toxin produced by a bacteria and

cannot survive in an acidic environment. The acids produced by

fermentation protect against the toxin, and help to make lacto-fermentation

one of the safest methods of food preservation.

3 MAJOR EXCEPTIONS:

• No kombucha/kefir or SCOBYs: inability to control the alcohol content

• No raw fruit juices (including cider): risks of E. coli.

• Ingredients may not include these products produced on your farm:

any dairy products (including milk, cream, butter) or eggs.

• All ingredients must come from licensed sources such as a licensed dairy plant.

• Please note: All home bakers and added value processors using their home kitchen must

have a valid food handler’s card. Also, NO MARIJUANA Ingredients are allowed.

RESOURCES FOR ACIDIFIED FOODS

• Directory of acidified foods:

http://www.foodscience.caes.uga.edu/extension/documents/FDAapproximatepHoffood

slacf-phs.pdf

• Step by Step Guide to acidified foods:

http://www.oregon.gov/ODA/shared/Documents/Publications/FoodSafety/AcidifiedFo

odsStepByStep.pdf

MORE QUESTIONS?

ODA has two specialists who can help producers or

processors with questions about the Farm Direct Bill.

Sarah Schwab at 503-508-6028

Will Fargo at 503-432-7092

PLEASE ASK QUESTIONS!SONIA REAGAN: 503.880.6263 OR EMAIL: CLATSKANIEFM@GMAIL.COM