MF3138 Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices

Kansas State University Agricultural Experiment Station and Cooperative Extension Service

Foods Sold Directly to Consumers in Kansas:

Regulations and Food Safety Best Practices

Overview: Allowed Foods, Label Requirements

Direct-to-consumer sales of food, including at farmers

markets, are growing in popularity across the United States and

across Kansas. ese sales provide a valuable market outlet for

local farmers and allow consumers to purchase healthy local

produce and other foods. To protect this key market outlet, it is

essential that the food sold directly to consumers is produced and

processed safely according to the relevant governmental rules,

regulations, and guidelines. Not only will this produce products

that are as safe as possible, it will also assure your customers that

your business has product quality and safety in mind.

Any food sales (other than fresh, whole fruits, vegetables,

cultivated mushrooms, and herbs) to another business entity

for use, resale, or further distribution requires food safety

licensing (generally a KDA food processing license). For

example, selling to a restaurant, grocery store, variety store, or

convenience store. Consignment sales are also not subject to

the direct-to-consumer exemptions. Contact KDA for more

information about wholesale licenses.

** Retail food sales (including at farmers markets) in Kansas are

regulated for food safety by the Kansas Department of Agriculture

(KDA) Food Safety and Lodging program. erefore, if you

are selling products direct to consumers in Kansas, the state

requirements listed in this document are what you need to follow.

More information on how to obtain the various KDA licenses

mentioned in this document is included after the tables and in

subsequent sections of the document. KDA encourages vendors to

contact them with any questions regarding safety or licensing, as

KDA is happy to answer food safety questions and guide people

through the licensing process.

* Vendors should also check with the market where they are selling, as

their requirements may be more stringent than state governmental

regulations.

* More detailed requirements for most products listed in the tables

below are included in subsequent sections of this document.

Note: ese requirements apply to all direct-to-consumer sales of

food, including festivals, bazaars, craft shows, and similar events

where people making the products sell their own products. e listed

licensing exemptions would also apply to exempt foods sold online

and shipped to the customer’s home or delivered by the producer

directly to the end consumer. Note that for foods sold online to a

person in another state(s), the seller must also follow the rules of the

receiving state(s). Foods sold under the direct-to-consumer licensing

exemption may be sold in bulk and the customer can bring their

own clean container to transport the foods. If a food does NOT

require licensing to be sold directly to consumers, it can be made in

the producer’s regular home kitchen, as long as the kitchen provides

a clean and sanitary environment for preparation of that food.

KDA also encourages people producing and selling products direct-

to-consumer that do not require licensing to use suitable shared-

kitchen spaces to make their products.

Revised January 2024

Overview: Allowed Foods, Label Requirements ................. 1

General Food Safety Practices, Selling

Fresh Produce, Samples, and Demos .......................................8

Selling Prepared Foods and Baked Goods ........................ 12

Selling Meat, Eggs, and Dairy Products ............................... 13

Key Contacts ...................................................................................... 15

2 K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices

Foods that are ALLOWED to be sold directly to consumers in Kansas WITHOUT licensing, according to state

regulations (Note: If your product is not listed in this section, please refer to the Licensing Required table starting on page 4.)

Food Product Type Examples Regulatory requirements

Baked goods (home kitchen) Cookies, breads, cakes, cinnamon

rolls, fruit pies, fruit cobbler

Follow labeling requirements (on page 8). Note that breads with

cheese and/or vegetables (e.g. jalapenos) baked in/on them require

testing to determine their category (see testing table on page 6).

Icing/frosting, including cream

cheese-based, with >65% sugar

by weight

Icing on cinnamon rolls If the icing is known to contain >65% sugar by weight, testing and

licensing is not needed. Otherwise, testing is required to determine if

licensing is required or not (see page 6).

Dry baking mixes Cookie mix, brownie mix Follow labeling requirements (on page 8).

Fresh (or dried or freeze-dried)

uncut fruits, vegetables (not

cut beyond normal harvesting),

or any herbs

Tomatoes, melons, okra, apples,

basil, garlic scapes

May be home-grown; any pesticide use must comply with label direc-

tions. If products are heat treated before drying, a KDA Food Establish-

ment License is required. If they are not heat treated before drying, a

license is not required. Note that licensing is not required for buying

and re-selling produce direct-to-consumer.

Whole, frozen fruits or veg-

etables NOT heated before

freezing

Whole, uncut tomatoes that have

not been blanched before freezing

If intact and the product is maintained frozen to the customer, no

license is required.

Intact salad greens (not cut

beyond normal harvesting)

Mixed greens with only intact

leaves, includes microgreens and

shoots (not cut beyond normal

harvesting practices)

Follow weights and measures requirements. All sprouts and any leafy

greens cut beyond normal harvesting cuts require a KDA Food Estab-

lishment License.

Certain cut produce and cut

herbs (other than cut tomatoes,

melons, or leafy greens)

Cut berries, cut herbs, cut carrots,

zucchini noodles, etc. Can be

frozen, fresh, dried, or freeze dried.

If product is blanched before freezing and has a pH above 4.2, a

KDA Food Establishment License is required for frozen foods. If not

blanched rst, no licensing required. Note that if produce is heated

before selling, a license is required. Herbs are NOT included in the leafy

greens category and do not require a license to be sold even if cut.

Produce purchased from other sources is included in this category.

Nuts and nut butters Walnuts, pecans, peanut butter May be sold shelled or in-shell. Peanut and other nut butters can also

be sold direct to consumer without licensing. Nuts may also be roast-

ed/smoked without a license.

Honey Includes honey and spun honey.

Includes honey infused with items

that do not require temperature

control for safety (such as cinna-

mon sticks).

Can sell direct-to-consumer without licensing. Sales of packaged

honey to grocery stores and other businesses (including consignment

sales) for resale or sales by an individual that did not package the hon-

ey requires a KDA Food Processing License. Infusing honey with items

that require temperature control for safety would require appropriate

licensing.

Eggs (< 250 hens) Chicken, duck, goose, turkey, etc.

Should be sold at <45°F. Cartons should be clean and labeled properly.

(Temperature control and labeling strongly suggested for establish-

ments with fewer than 50 hens; temperature control and labeling

required for farms with 51 to 249 hens.) Eggs must be ungraded. Egg

licensing (and grading) is required with > 249 hens or if selling graded

eggs.) Fertilized eggs (not baluts) are also allowed for sale if they are

raised in Kansas (not coming in from out of state). Baluts require a food

safety license.

Poultry (< 20,000 birds/year) Chicken, duck, goose, turkey, etc. Growers raising fewer than 1,000 birds/year can slaughter at their own

facility and sell direct-to-consumers at their farm without registration

or inspection. Growers selling 1,001 to 20,000 birds/year must obtain

a KDA Meat & Poultry Wholesaler license with a poultry exemption.

The cost of a license is $25 per calendar year. More details available in

https://agriculture.ks.gov/docs/default-source/meat-and-poultry/poul-

try-exemption-5-1-19.pdf?sfvrsn=43488bc1_4

NOTE: It is a regulatory requirement that ALL foods on sale or display (even if no licensing is required) must be eectively protected from contamination and sold in a sanitary manner.

Uninspected food products in Kansas do NOT need to be labeled as “homemade” or other indication that they are not inspected. However, homemade food products can be labeled as

such.

*Products requiring specialized processing include beef jerky, vacuum-packaged temperature control for safety foods, acidifying and/or pickling, curing using nitrites, fermenting, and

sprouting. All of these products require food safety licensing regardless of the number of days they are sold, as listed in the table on pp. 4-6.

K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices 3

Food Product Type Examples Regulatory requirements

Home-canned fruit jams and

jellies; jams and jellies avored

with pepper-avored vinegar or

small amounts of pepper powder,

apple butter

Fruit jams and jellies (note that

reduced or no-sugar jams or jellies

require a product assessment)

Must follow labeling requirements (see page 8). Products with low-acid

fruits such as mangoes require product evaluation.

Canned soda/pop-based jelly Lemon-lime soda jelly Must follow labeling requirements. May be canned in a home kitchen

without a license for direct-to-consumer sales.

Canned, shelf stable natural-

ly high acid foods, canned

high-acid fruit pie lling

Canned applesauce, canned fruits Must follow labeling requirements. Requirements for other canned

foods listed below. May be canned in a home kitchen without a license

for direct-to-consumer sales.

Juice, cider: high-acid Apple juice, apple cider May be sold under the direct-to-consumer exemption without a

license if sold packaged (served by the glass requires license.) If not

pasteurized, must include a warning statement on the label (see p. 61,

Kansas Food Code, https://agriculture.ks.gov/docs/default-source/fsl--

handouts/2012_kda_food_code_12_14_12.pdf). May be kept cold for

quality and consumer expectation.

Juices: low-acid (NOT heat treat-

ed/lled/sealed, sold refrigerat-

ed less than 6 days a year)

Celery, beet, carrot, leafy greens,

wheat grass juice, etc.

If the low-acid juice is NOT heat treated and sealed in its preparation, it

must be sold refrigerated. If it is made and sold less than 6 days a year,

a license is not required. If it is sold more than 6 days a year, licensing

is required. If it is heat treated and sealed in its preparation, then it is

considered a low acid canned food, which will require licensing. Note:

Tomato juice requires a product evaluation to determine its category.

If not pasteurized, all juices must include a warning statement on the

label (see p. 58, Kansas Food Code, https://agriculture.ks.gov/docs/

default-source/fsl--handouts/2012_kda_food_code_12_14_12.pdf). Can

be put into bottles or jugs, but not sealed or hot-lled to be exempt. A

Food Establishment License is required if sold by the drink/cup/glass.

Candy and fudge (made by the

producer)

Cinnamon hard candy; caramels,

toee, fudge

Homemade chocolates (other than fudge) must be tested to determine

if a Food Establishment License is needed (see testing table on page 6).

Products not requiring refrig-

eration for safety dipped in or

decorated with commercially

prepared melting chocolate

Chocolate-covered pretzels, straw-

berries, nuts, etc.

Homemade chocolate mixtures must be tested to determine their

category, but melting commercially prepared chocolates for

decorating or dipping does not require testing or a license.

Freeze dried shelf-stable

candies

Freeze dried purchased or home-

made shelf-stable candies

If the candy requires refrigeration for safety before it is freeze-dried, it

will require a Food Establishment License to freeze dry it to sell.

Cultivated mushrooms (culinary

and medicinal)

Fresh or dried If not processed beyond cleaning and not heat-treated, cultivated

mushrooms may be sold without a license. Mushrooms must be grown

in protected environments and kept free from contaminants. Following

Mushroom Good Agricultural Practices as indicated on page 10 is rec-

ommended. Blanching or heat treating requires a Food Establishment

license.

Fish and seafood — sold whole

on ice (does NOT include catsh

and other Siluriformes)

Whole tilapia, shrimp No HACCP plan or food processing license required. Wild-caught sh

sales are illegal without a commercial shing permit from the Kansas

Department of Wildlife, Parks and Tourism. See K.S.A. 115-17-10 and

115-17-13 for more information.

Foods and beverages prepared

o site, sold ready for immedi-

ate consumption — six or fewer

times per calendar year.

Sandwiches, pizza, potato salad,

refrigerated cold-brew coee,

etc. prepared and sold by any

entity intended to be eaten at the

market — six or fewer times per

calendar year.

No licensing required; however, must follow Kansas Administrative

Regulations (KAR) 4-28-33 “Sanitation and hygiene requirements for

exempt food establishments”. More details also in KAR 4-28-34 (Ex-

emption from licensure; denitions). This includes cooking classes and

competitions, such as BBQ competitions.

Foods and beverages sold

ready for immediate consump-

tion by community groups for

fundraising purposes

Sandwiches, pizza, etc. prepared

and sold by 4-H groups, church

groups, schools, etc. (with no sta

paid by the proceeds of the food

sales).

No licensing required; however, must follow “Sanitation and hygiene

requirements for exempt food establishments”. (KAR 4-28-33)

Fundraising for community or humanitarian purposes and educational

or youth activities is exempt from licensing with no restriction on num-

ber of times done per year.

Foods ALLOWED WITHOUT licensing, cont.

4 K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices

Food Product Type Examples Regulatory requirements

Non-specialized processed food

that is made and sold six or

fewer days in a year. (Intended

for people to purchase and

consume at home.)

Frozen bierocks, frozen protein

popsicles, pork rinds, refrigerated

noodles, pesto, refrigerator pick-

les, refrigerated salsa, refrigerated

elderberry syrup, refrigerated

cold-brew coee, etc. Other items

that are included in this category

are also indicated with a ** in the

table below.

The food product can be made on day one and each day they are sold

adds to the total of up to 6 days without a license. Must follow “Sanita-

tion and hygiene requirements for exempt food establishments” (KAR

4-28-33). Products such as pesto need to be cooled quickly and held

at < 41°F for no more than 6 days after preparing. Any products that

require specialized processing* require a food safety license even

if it is for 6 or fewer days. If the food is sold more than 6 days a year, a

Food Establishment license would be required.

Homemade dried pasta Dried egg noodles No licensing required if dried in a protected environment in a short

time. Directions on package to thoroughly boil the noodles is recom-

mended.

Vanilla extract No licensing needed if the product meets the standard of identity in 21

CFR 169.175 to ensure it is vanilla extract and not a avored alcohol.

Spices and herbs — bulk or

small quantities

Cinnamon, cloves, etc. Product must be labeled properly, unadulterated, and sold in a sanitary

manner.

Loose leaf tea Product must be labeled properly, unadulterated, and sold in a sanitary

manner.

Lard No licensing required if sold direct-to-consumer.

Pepper vinegars RAW peppers or commercially pickled peppers must be used in making

pepper vinegar to sell direct-to-consumer without a license

Herb-avored/infused vinegars Vinegar poured over fresh tarra-

gon, fresh garlic, fresh basil, re

cider

A license and product evaluation are NOT required unless using

low-acid vinegar (pH>4.2) or more than 10% low-acid ingredients, like

herbs, which would raise the equilibrium pH above 4.2

Grain products Home-ground our, cornmeal,

popcorn, intact grain, dehydrated

sourdough starter

Standard hygiene and sanitation requirements, as with all food sold

Dry snacks seasoned with oil

and spices

Dry pretzels mixed with oil and

spices

Standard hygiene and sanitation requirements, as with all food sold.

Fruit leathers Apricot leather, other fruits Standard hygiene and sanitation requirements, as with all food sold

Sampling of food products Fruit, vegetable, prepared food

samples

Samples must be prepared and served in a sanitary manner. More

details available in the KSRE/KDA publication MF3311, “Sampling Safely

at Kansas Farmers Markets. (https://bookstore.ksre.k-state.edu/pubs/

MF3311.pdf)

Foods THAT REQUIRE proper licensing (temperature control for safety or specialized process foods and

beverages)

Note: More information on costs and requirements for a KDA Food Establishment License, Food Processors License, and other various licenses is available from:

https://agriculture.ks.gov/foodlicense or by contacting the KDA Food Safety and Lodging program(KD[email protected] or 785-564-6767). A KDA Food Processing

license allows for distribution to other business entities, often called wholesale sales, such as to grocery stores, restaurants, through a co-op, consignment sales etc.

A KDA Food Establishment license only allows for direct-to-consumer sales.

The products below indicated with a ** are allowed to be sold without a license if sold 6 or fewer days a year. If they are sold more than 6 days a year, they

require licensing. All other foods listed below require a license regardless of the number of times per year these items are sold. Products that require licensing can

NOT be made in a regular home kitchen unless otherwise noted below. Freeze drying any foods in the list below would still require the indicated license. For

foods requiring licensing, the producer must provide the food container (the customer cannot provide their own container.)

Food Product Type Examples Regulatory requirements

**Baked products with

potentially hazardous dairy and

egg

products

Cheesecake, cream lled cup-

cakes or donuts, cream cheese-

based frostings or llings (unless

>65% sugar content), cream or

meringue pies, custards, pump-

kin pie, quiche

KDA Food Establishment license required at production facility and

point of sale. NO license required if sold 6 days or less in a year. KDA

Food Establishment License required if sold more than 6 days in a year.

**Dough Refrigerated or frozen cookie

dough, pizza dough

Product requires temperature control for safety, so a KDA Food Estab-

lishment license is required. NO license required if sold 6 days or less in a

year. Licensing required if sold more than 6 days in a year.

**Cut leafy greens (fresh or

dried)

Cut or torn lettuce (cut beyond

normal harvesting)

KDA Food establishment License required at production facility and

point of sale. Must be sold at or below 41°F. This does NOT include

cut herbs. NO license required if sold 6 days or less in a year. Licensing

required if sold more than 6 days in a year.

Foods ALLOWED WITHOUT licensing, cont.

K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices 5

Food Product Type Examples Regulatory requirements

**Cut melons, cut tomatoes

(fresh or dried)

Cut melons, cut tomatoes KDA Food establishment License required at production facility and

point of sale. Must be sold at or below 41°F. NO license required if sold

6 days or less in a year. Licensing required if sold more than 6 days in a

year.

**Dried produce that is heat

treated before drying

Vegetables that are blanched

before drying

KDA Food Establishment license required at production facility. NO

license required if sold 6 days or less in a year. Licensing required if sold

more than 6 days in a year.

**Roasted vegetables Roasted garlic, black garlic,

roasted corn

Temperature control is required for safety; therefore, KDA Food Estab-

lishment license is required. If you are selling raw produce and providing

roasting services on-site, a license is required. Wash produce before

roasting. NO license required if sold 6 days or less in a year. Licensing

required if sold more than 6 days in a year.

Meat, poultry (>20,000 birds/

year), and catsh — raw

Note: products containing 2%

or more cooked meat or poultry

or more than 3% raw meat by

weight are considered meat

products.

Steaks, ground beef, fresh sau-

sages, turkey, chicken, catsh

Product must be processed at a fully an inspected facility, pre-packaged,

and properly labeled. A KDA Meat & Poultry Wholesale license must be

obtained before any product is sold, regardless if the target buyer is the

end consumer or a wholesale account. Product may be sold refrigerated

or frozen.

Meat, poultry, and catsh

ready-to-eat

Jerky, summer sausage and simi-

lar products, freeze-dried meat

Product must be inspected by KDA or USDA and sold at the appropriate

temperature. Meat products cured with nitrites require proper licensing.

Fish and seafood — cleaned

(other than catsh — see more

information on that above)

Degutted tilapia KDA Food Establishment or Food Processing license at preparation

facility, and Food Establishment license at the point of sale. A Seafood

HACCP plan is also needed if any hazards are identied. Wild-caught sh

sales are illegal without a commercial shing permit from the Kansas

Department of Wildlife, Parks and Tourism.

Vacuum-packaged foods

requiring temperature control

for safety

Vacuum-packaged cheese or

vacuum-packaged meats requir-

ing refrigeration for safety

Must follow the requirements listed above for cheese or meat products

or whatever category the food is in.

Sprouted grains (fresh or dried/

dehydrated)

Sprouted buckwheat KDA Food Establishment license required for production facility and for

the point of sale.

Sprouts Alfalfa sprouts, bean sprouts KDA Food Establishment license required at production facility and

point of sale.

Low-acid vegetable juices that

have been heat treated and

sealed

Juice from kale or other leafy

greens, carrot, celery, beet juice

that has been heat treated and

sealed

KDA Food Establishment license required at production facility and

point of sale. A license is also required if juice is sold by the cup/glass.

Wild mushrooms Morel mushrooms Mushrooms picked in the wild must be individually inspected for safety

by a KDA-registered mushroom identier. More information available in

the Selling Fresh Produce section (page 10).

Naturally fermented canned

foods

Sauerkraut, kimchi, kombucha,

naturally fermented pickles

KDA Food Establishment License required for production facility.

Symbiotic culture of bacteria

and yeast (SCOBY)

Used for production of kombu-

cha

KDA Food Establishment License required for production facility.

• Acidied shelf-stable canned

foods

• Low-acid shelf-stable canned

foods

• Pickles (includes pickled cucum-

bers, okra, and other vegetables

and pickled eggs), hot sauces,

lemon curd, canned tomatoes

†

• Canned vegetables, canned

pumpkin pie lling, canned

vegetable juice, shelf-stable cold-

brew coee, meats, cake/bread

baked in a jar

‡

KDA Food Establishment License or Food Processing License required

for production facility. Requires Process Authority review and recipe

approval; Better Process Control School (BPCS) required. KDA Meat and

Poultry inspection required if canned meat is sold wholesale. Contact

Kansas State University Value-Added Foods Lab for more information on

recipe approval and BPCS: www.ksre.ksu.edu/kva

Foods and beverages prepared

on or o site, sold ready for

immediate consumption — six

or more times per calendar year.

Burritos, egg rolls, pizza, grilled

hamburgers or other meats;

lemonade, refrigerated cold-

brew coee

If selling more than six times/year, vendor must have a KDA Food Estab-

lishment license. A Food Processing license is required for any wholesale

sales. KDA inspection is required for any wholesale sales.

Foods THAT REQUIRE proper licensing, cont.

6 K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices

Food Product Type Examples Regulatory requirements

Non-specialized processed

food that is made and sold six

or more days in a year. (Intended

for people to purchase and

consume at home.)

Frozen bierocks, frozen protein

popsicles, pork rinds, refrigerated

noodles, pesto, refrigerator pick-

les, refrigerated salsa, refrigerat-

ed elderberry syrup, refrigerated

cold brew coee, etc.

The calculation of 6 days or more includes the day the product is made

and each day they are sold. Food Establishment license is required. A

Food Processing license is required for any wholesale sales. KDA inspec-

tion is required for any meat or poultry wholesale sales.

Alcoholic beverages Beer, wine, possibly kombucha

drinks

Kansas Dept. of Revenue alcohol licensing requirements must be met.

(www.ksrevenue.org/abcstatutes.html)

Infused oils Infused cooking olive oils; garlic-

in-oil mixtures

KDA Food Establishment License or Food Processing License required

for production facility. If nished product is not shelf stable, Food Estab-

lishment license also required for point-of-sale.

Animal feed/treats Pet food/treats — regardless of

the type of ingredients in the pet

treats (meat or grain, etc.) or the

method of preparation (freeze

drying or other).

Kansas commercial feed license and small pet product application

required. Food safety license not required (may be made in a home

kitchen). Guaranteed analysis for protein, fat, and ber, and ingredient

statement required on label. (More information available from: http://

agriculture.ks.gov/divisions-programs/dairy-inspection/feed-safety/feed-li-

censes) For more assistance with pet foods, contact the K-State Pet Food

Program at https://www.k-state.edu/pet-food/

Broths Bone broth If broth includes less than 2% meat or poultry (after cooking), KDA Food

Establishment license required for direct-to-consumer sales. KDA Food

Processing license required if selling wholesale. If canned and sold

shelf stable, follow acidied or low-acid canned food requirements (see

above).

Dairy products; milk Milk, cheese, yogurt, etc. from

cows, goats, other mammals

Pasteurized and processed at KDA licensed Dairy Manufacturing Plant;

KDA Food Establishment license required at point of sale. If a vendor can

provide information about a vacuum packaged cheese to show that it

does not require refrigeration for safety (typically low water activity and

low pH values), a Food Establishment license would NOT be required for

the point of sale. These regulations apply to products that start with a

raw milk product and is then pasteurized. If a producer purchases pas-

teurized milk to include in a product, the product would fall under the

appropriate category for the nal product. Note that freeze drying milk

and milk products requires proper licensing

Candy containing >1% alcohol

by volume

Bourbon balls

KDOR non-beverage manufacturer license would be required. More in-

formation available here: https://www.ksrevenue.gov/abcnonbevuser.html

Food Product Type Nature of test Notes

Pepper jams and jellies (canned,

shelf-stable, other than those

described above as exempt). In-

cludes jellies made with pepper

juice.

pH and/or water activity

‡

product formulation

If product is determined to have low water activity or is a formulated acid

food, product can be sold without a license. Otherwise, a KDA Food Estab-

lishment license required.

Flower jellies pH and/or water activity, prod-

uct formulation

If product is determined to be an acid food, formulated acid, or low water

activity food, no license is required. Otherwise, a KDA Food Establishment

license is required.

Low-sugar fruit jams and jellies

(canned, shelf-stable)

pH and/or water activity, prod-

uct formulation

If product is determined to be an acid food, formulated acid, or low water

activity food, no license is required. Otherwise, a KDA Food Establishment

license is required.

"Formulated acid food": salsa,

barbecue sauce and similar

foods (canned, shelf-stable). This

category also includes pur-

chased pickles repacked with

sugar and hot sauce.

pH and product formulation Depending on the pH of the nal product and the main product ingredi-

ents, the product may be exempt from licensing

†

or may be considered

an acidied canned food that requires a Food Establishment license (see

information on acidied foods in table above).

† Canned tomatoes must either have added acid (2 Tablespoons of bottled lemon juice, ½ teaspoon citric acid, OR 4 Tablespoons of 5% acidity vinegar per quart of

tomatoes. For pints, use half the amounts listed above.) Otherwise, a pH test (by the KS Value Added Foods Lab or other) must ensure it is below pH 4.6.

‡ Note that these products could be sold under refrigeration without the requirement for BPCS or a scheduled process (by a Process Authority), but they would still

require a Food Establishment license for direct-to-consumer sales.

Foods that must tested to determine if a license is required or not

Producers can send their products to the Kansas Value Added Foods Lab (www.ksre.ksu.edu/kva) or another accredited lab for testing. In addition

to the pricing listed on the website, pricing for individual tests is also available. Contact kva@ksu.edu or 785-532-1294 for more information. For

all products requiring testing, documentation of the product assessment must be kept by the operator and made available upon request.

K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices 7

Food Product Type Nature of test Notes

Homemade chocolate candies;

meringue cookies

Water Activity and product

formulation

If product is determined to require temperature control for safety in a

product assessment, KDA Food Establishment license is required. Other-

wise, no license is required.

Pecan pie Water activity of the lling If the lling is determined to require temperature control based on its

water activity, KDA Food Establishment license is required. Otherwise, no

license is required.

Powdered sugar/ milk icing Water activity of the icing Often used on cinnamon rolls and similar products. If product is deter-

mined to have low water activity, product can be sold without a license.

Otherwise, KDA Food Establishment license required. If the icing is

known to contain >65% sugar by weight, testing and licensing is not

needed.

Bread with cheese and/or vege-

tables (e.g. jalapenos) baked in/

on top

Water activity and product

formulation

If product is determined to have low water activity and thus not require

refrigeration for safety, product can be sold without a license. Otherwise,

KDA Food Establishment license required.

Homemade mustard pH and product formulation If the product is determined to have pH below 4.6 and that it can be safely

stored at room temperature, product can be sold direct-to-consumer

without a license. Otherwise, KDA Food Establishment license is required.

Herb-infused simple syrups, el-

derberry and other fruit syrups,

shagbark hickory syrup (sold

shelf-stable)

Water activity, product formu-

lation

If product is determined to be a low water activity food, no license is re-

quired. Otherwise, KDA Food Establishment license is required. If the ratio

of sugar-to-water in the syrup is at least 2:1, a license is not required and

no testing is required.

Tomato juice pH If the product is determined to have pH below 4.6, packaged product

can be sold direct-to -consumer without a license. Otherwise, KDA Food

Establishment license is required.

Pumpkin butter, squash butter Water activity, pH, product

formulation

If product is determined to be a low water activity food and/or below 4.6

pH, no license is required. Otherwise, KDA Food Establishment license is

required.

Candy containing <1% alcohol

by volume

Bourbon balls If the product water activity is <0.85, no license is required. If product

water activity is >0.85, KDA Food Establishment license is required.

How do I get the license(s) I need to meet the

requirements listed above?

More information on food safety licenses and the forms

needed to apply for the license is available from the Kansas

Department of Agriculture website: http://agriculture.ks.gov/

divisions-programs/food-safety-lodging/food-safety-egg-lodging-

app-forms or by contacting KDA Food Safety and Lodging

program ([email protected] or 785-564-6767). To obtain a KDA

Meat & Poultry Wholesale license for meat and/or poultry sales,

please contact KDA Meat & Poultry Inspection program (785-

564-6776). KDA will guide you through the process and answer

questions. After the appropriate application form is completed,

send the form with your payment to KDA. ey will contact you

to conduct an initial inspection.

What if I produce (and/or process) my food in Kansas

and want to sell in a neighboring state?

To sell products across state lines, you need to meet Federal

requirements, as well as the retail regulations for Kansas and the

state in which you are selling.

• To sell a processed (non-meat) product, you will need

to initially register (at no cost) your processing facility

online with the FDA, and then re-register it every 2 years

(October–December of the even numbered years (2018,

2020, etc.)), at: www.fda.gov/Food/GuidanceRegulation/

FoodFacilityRegistration/default.htm. FDA may then come

inspect your facility, and verify you are meeting their current

Good Manufacturing Practices (GMPs

– Code of Federal

Regulations (CFR) Title 21 Part 110: www.accessdata.fda.

gov/scripts/cdrh/cfdocs/cfcfr/CFRSearch.cfm?CFRPart=110)

and any other applicable regulations such as Acidied Foods

or Low Acid Canned Foods regulations. Such products may

also need to follow the requirements of the Federal Food

Safety Modernization Act (FSMA) Preventive Controls

Rule, www.fda.gov/fsma (depending on the volume of

product sold).

• To sell a meat product across state lines, you must be

licensed with the USDA FSIS as a federally inspected

facility. A facility licensed with KDA Meat & Poultry

Inspection only cannot sell products across state lines.

• To sell fresh, whole produce, you may be impacted by

the Food Safety Modernization Act (FSMA), regardless

if you are only selling in-state or across state lines. More

information available from: www.ksre.k-state.edu/foodsafety/

produce/index.html

1 A fact sheet on GMPs is available from: bookstore.ksre.ksu.edu/pubs/MF3201.pdf

‡ For more information about Product Water Activity and food safety, see Food Safety of Frostings and Fillings (MF3544),

https://bookstore.ksre.ksu.edu/pubs/MF3544.pdf

† Even if considered exempt, the producer should check the pH periodically to make sure the product pH (primarily the tomatoes) does not have large variations.

These pH records should also be kept by the producer.

8 K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices

In addition to food safety, what other regulatory

requirements do I need to follow to sell at a farmers

market?

• Sales tax: Every vendor must obtain a Retail Sales Tax

certicate; vendors should le their tax liability individually.

More information is available from the Kansas Department

of Revenue (https://www.ksrevenue.gov/bustaxtypessales.html)

or by calling 785-368-8222.

• Filing as a business entity: e Oce of the Secretary of

State (SOS) has the appropriate forms available online

by contacting 785-296-4564. Sole proprietorships do NOT

le with the SOS. General partnerships may le if desired,

but it is not required

• Registration of farmers market or roadside stand: Farmers

markets (as a whole, rather than individual vendors) and

roadside stands are encouraged to register in the Central

Registry of Kansas Farmers Markets

. Registration is

voluntary, but will provide advertising and limited liability

coverage for farmers markets and roadside stands.

• Licensing of particular products: More information on

the licensing requirements for growing, producing and

selling specic types of food products is available in KDA’s

Licensing Guides

. Topics of particular interest to farmers

market vendors include: food processor, food wholesaler

and distributor, home kitchen for retail food sales, meat or

poultry processing facility, mobile food unit, dairy processing

facility, and poultry farm and egg sales.

• Senior Farmers Market Nutrition Program (SFMNP):

Farmers, farmers markets, and roadside stands are eligible to

accept SFMNP coupons from customers. More information

on how to accept and redeem SFMNP coupons is available

from https://www.kdhe.ks.gov/1041/Kansas-Senior-Farmers-

Market-Nutrition-P.

• Supplemental Nutrition Assistance Program (SNAP):

Farmers markets are eligible to accept SNAP benets from

customers. Visit the USDA website

for more information

on accepting and redeeming SNAP benets from customers.

• Scale testing: Farmers market vendors using a scale to sell

products by weight must have a licensed service company

test their scales once annually. More information is available

from the KDA Weights and Measures website

or by calling

785-564-6700.

What are the labeling requirements for packaged food

products?

1. Common name of the product (e.g. apple pie).

2 Forms available from: www.kssos.org/forms/forms_results.aspx?division=BS

3 More information available from: hps://sos.ks.gov/business/business.html

4 Application and more information available from: www.agriculture.ks.gov/docs/default-

source/ag-markeng/central-registraon-of-kansas-farmers%27-markets.pdf?sfvrsn=0

5 Licensing guides are available from:

hps://agriculture.ks.gov/kda-services/licensing-guides

6 USDA SNAP website: hps://snaped.fns.usda.gov/nutrion-educaon/nutrion-

educaon-materials/farmers-markets

7 List of licensed scale service companies available from:

hp://agriculture.ks.gov/divisions-programs/weight-measures/scales

8 KDA Weights and Measures website:

hp://agriculture.ks.gov/divisions-programs/weight-measures

9 More information on food labeling is available from a KSU Extension Food Safety

publication, Food Labeling for Kansas Food Producers and Processors: https://bookstore.

ksre.ksu.edu/pubs/MF3385.pdf; or by contacting KDA Food Safety and Lodging (785-

564-6767 or KDA. [email protected]).

2. Name and physical address of the person that made or is

selling the product.

3. Product ingredients listed in descending order of

predominance. is is particularly important for customers

that have food allergies.

4. Quantity (net weight, volume, or count, depending on

product).

Meat products have additional labeling requirements, which

are included in the Selling Meat, Eggs and Dairy Products section.

If producers would like to label their product as “organic,”

they must meet the USDA organic certication requirements.

More information on obtaining such certication, including an

Organic Cost Share Program for Kansas farmers, is available

from: http://agriculture.ks.gov/kda-services/grants-and-cost-share-

programs/organic-cost-share-program. If products are labeled as

certied organic, proof of that certication must be on le with

the relevant state oce regulating the labeling of that product.

How are all these regulations enforced?

e Kansas Department of Agriculture Food Safety and

Lodging Program local inspectors and KDA meat and poultry

compliance ocers conduct random inspections of vendors at

farmers markets to check for food safety.

Farmers market managers, K-State Research and Extension

personnel, and other related individuals should only provide

information on regulations and could make suggestions on

how vendors can comply with regulations. However, they are

not regulators or enforcers of government regulations. Farmers

market managers should enforce any requirements specic to

their market.

General Food Safety Practices, Selling Fresh

Produce, Samples and Demos

All practices listed in the sections below which are REQUIRED by

state regulations are listed in bold and italics. All other practices listed

are strongly recommended for food safety.

Retail food sales (including at farmers markets) in Kansas

are regulated by the Kansas Department of Agriculture (KDA).

However, vendors should always check with the market where they

are selling, as their requirements may be more stringent than state

governmental regulations.

General steps to food safety for all farmers market

vendors

• Transport and store foods at proper temperatures to prevent

rapid bacterial growth

• Vendors selling perishable foods must have a suitable

thermometer with them at the market.

• Hot prepared foods must be held at 135°F or higher.

• Foods to be sold at room temperature (whole produce,

canned goods, baked goods) should be kept cooler than

80°F as much as possible.

• Cold perishable foods (such as potato salad or most dairy

products) must be 41°F or less.

• Frozen foods such as frozen meats and ice cream must be

K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices 9

Table 1. Method of Retail Sale for Fresh Fruits and Vegetables Specic Commodity

Commodity Weight Count

Head or

Bunch

Dry Measure

(any

ze)

Dry

Measure

(1 dry qt

arger)

Artichokes X

Asparagus X X

Avocados X

Bananas X

Beans (green, yellow, etc.) X X

Brussels Sprouts (loose) X

Brussels Sprouts (on stalk) X

Cherries X X

Coconuts X

Corn on the Cob X X

Dates X

Eggplant X

Figs X

Grapes X

Melons (cut in pieces) X

Mushrooms (small) X X

Mushrooms (portobello, large) X

Okra X

Peas X X

Peppers (bell and other varieties) X

Pineapples X

Rhubarb X

Tomatoes (except cherry/grape) X

Table 2. Method of Retail Sale for Fresh Fruits and Vegetables General Commodity Groups

Commodity Weight Count

Head or

Bunch

Dry Measure

(any

ze) Dry

Measure

dry qt

arger)

Berries and Cherry/Grape Tomatoes X X

Citrus Fruits (oranges, grapefruits,

lemons, etc.)

Edible Bulbs (onions [spring or green],

garlic, leeks, etc.) X X X X

Edible Tubers (Irish potatoes, sweet

potatoes, ginger, horseradish, etc.) X X

Flower Vegetables (broccoli,

cauliower, brussels sprouts, etc.) X X

Gourd Vegetables (cucumbers, squash,

melons, etc.) X X X

Leaf Vegetables (lettuce, cabbage,

celery, etc.)*

X X

Leaf Vegetables (parsley, herbs, loose

greens)*

X X

Pitted Fruits (peaches, plums, prunes,

etc.)

Pome Fruits (apples, pears, mangoes,

etc.)

Root Vegetables (turnips, carrots,

radishes, etc.)

X X

*Gallon bags are NOT considered a dry measure, so leafy greens cannot be sold by the gallon. They would need to be sold by a 4 quart dry measure container (or other dry measure, or by

the head/bunch, or by weight.) The product must be measured by an acceptable measurement and then could be transferred to a re-closeable plasc bag for transportaon home.

10 K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices

stored and sold frozen (below 0°F is the best practice).

• Coolers and ice packs or ice surrounding the product

can be used to transport and hold cold foods. Check the

temperature occasionally (about once/hour) with a stem

food thermometer

• Reduce possible cross-contamination that can transfer

bacteria from one food to another.

• Ensure that raw meat or poultry does not contact ready-

to-eat food or fresh produce.

• If re-using bags for selling products, they must be clean

and not previously used for meat.

• Wash, rinse, and sanitize food contact surfaces,

equipment, and utensils between uses (unless using

disposable equipment and utensils).

• Practice good personal hygiene (clean clothes, clean hands)

to prevent transferring bacteria to your food.

• Shaking hands, touching money, animals, soiled

produce, or utensils can transfer bacteria to your hands.

• Wash hands as needed and do not touch prepared foods

and baked goods with your bare hands (use gloves or

tongs or other method).

• Hand sanitizer is not a substitute for handwashing;

however, it can be used after washing your hands.

• Ensure that any ingredients you use to prepare food for market

are from safe sources.

• For example, use inspected meat, pasteurized milk from

a licensed producer, and ingredients from reputable

suppliers. Ensure that produce or other products have

not been contaminated with ood waters, etc.

• Food vendors are not allowed to have dogs (or other

animals), except for service animals in or near their booths

(where food is displayed).

• e common areas of the farmers market outside of the

vendor’s booth are governed by the market and local

rules related to pets being present (there are no state

rules in this regard).

• Dispose of any food that might have been contaminated

by a dog or other pet.

• More specic information on good food safety practices and

requirements for various types of food are included in the

relevant section of this document.

Chef demonstrations

• Foods prepared at chef demonstrations can be oered as

small samples at no cost. ere is no limit to the number of

times/year that such samples can be oered.

• If the resulting food does NOT meet the sample denition

(oered at a cost or larger portions), that individual can do

six or less such demonstrations per calendar year without a

license.

10 Stem food thermometers and refrigerator thermometers can be purchased for

less than $10 at most grocery stores and hardware stores. Be sure the stem food

thermometer can be calibrated and check its calibration occasionally to ensure

accuracy.

• Even if not licensed, the chef must still follow the

“Sanitation and hygiene requirements for exempt

food establishments” listed in Kansas Administrative

Regulation 4-28-33. is is similar to the provisions for

licensing for a Food Establishment (including a Mobile

Unit) (see section on Selling Prepared Foods and Baked

Goods).

• It is recommended that a chef do the majority of

preparation work at a licensed facility.

• If a person sells the results of a chef demonstration more than

six times per year, a Food Establishment License is required.

• Contact KDA’s Food Safety and Lodging program for more

information ([email protected] or 785-564-6767).

Selling fresh produce

• Unprocessed whole fruits and vegetables, nuts and other

whole agricultural products do not require inspection

for sale, unless they would be covered by the FDA Food

Safety Modernization Act (FSMA) Produce Safety Rule

Inspections under the Produce Safety Rule are pre-

announced.

• Produce growers selling at markets are encouraged to know,

understand and apply the principles of the FSMA Produce

Safety Rule, even if they are exempt from FSMA coverage.

• Vendors must follow the KDA Weights and Measures Division

regulations

for the method of selling produce (by weight,

count, head or bunch, or by dry measure) e list of allowed

methods of retail sale by commodity is available in Tables 1

and 2.

• Vendors using a scale to sell products by weight must have

a licensed service company

certify their scales

annually.

Before buying a new scale, ensure that the scale can

be certied. Information on buying scales is available

from: https://cdn.ncwm.com/userles/les/Resources/

Consumer%20Information/Buying%20Scales%20Online.

pdf. Scales can also be purchased through any of the

scale service companies licensed in Kansas

• Produce must be stored and displayed so it is protected from

contamination.

• Store o the ground and protect from rain, dust or other

environmental contaminants.

• Sprouted seeds are NOT allowed for sale at a farmers market

without proper food safety licensing from KDA.

• Mushrooms picked in the wild must be individually inspected

for safety by a KDA-registered mushroom identier.

• To become a registered mushroom identier, a

statement of qualication in mushroom identication

must be submitted to KDA’s Food Safety and Lodging

11 More information on FSMA is available from www.ksre.k-state.edu/foodsafety/produce

12 More information is available from hp://agriculture.ks.gov/divisions-programs/weight-

measures

13 List of companies available from: hp://agriculture.ks.gov/divisions-programs/weight-

measures/scales

14 Reporting form for KDA Weights and Measures available from: hp://agriculture.

ks.gov/docs/w-m/scale-di701.pdf?sfvrsn=2

Information on buying scales is available from: https://agriculture.ks.gov/docs/default-

source/w-m/scale-di701.pdf?sfvrsn=cde3b376

K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices 11

program via email, [email protected]; fax, 785-564-

6779; or in person. One way for the applicant to be

considered a registered mushroom identier is to

complete a certication workshop or course , but

attendance at a workshop is not required to be added to

the registry. Once the identier is registered by KDA,

the identier must individually identify each mushroom

sold. Mushrooms may not be harvested for sale without

prior approval from the landowner, either public or

private.

• Contact KDA for more information or for a list of

experts ([email protected], 785-564-6767, or fax: 785-

564-6779).

• If not processed beyond cleaning and not heat-

treated, cultivated mushrooms may be sold without

a license. Mushrooms must be grown in protected

environments and kept free from contaminants.

Following the Mushroom Good Agricultural Practices

is recommended: https://www.ams.usda.gov/services/

auditing/gap-ghp/mushroom-gap. Mushrooms should not

be packaged to be sealed from normal atmosphere (such

as vacuum packing or heat-shrink plastic). Any plastic

lm used to package fresh mushrooms must be visibly

perforated to allow air circulation to the mushrooms.

Studies have shown that this can be accomplished with

a minimum of two 3.0 mm (approximately 1/8 inch)

holes situated over the top of the tray. Alternatively,

lines of perforations which provide an air exchange

equivalent to the 3.0 mm holes are acceptable.

Additional information is available from: www.

americanmushroom.org/food-safety/food-safety-training-

kit/

• Oer clean produce. If appropriate, wash produce with

potable water before selling. Remove visible dirt from

potatoes, onions, and other products where washing would

reduce quality or increase spoilage.

• Water used to “freshen” produce at market must be potable

(suitable for drinking).

• Transport produce to market in clean boxes or containers.

Selling live plants at a farmers market

• If someone selling live plants (including “living greens,” such

as microgreens still growing in their grow trays) collects

MORE than $10,000 annually in gross receipts from the

live plant sales, they are required to have a live plant dealer

license.

• Live plants include any living plant, cultivated or wild, or

any part thereof, that can be propagated, EXCEPT for the

following:

1. eld and forage crops; 

2. seeds of any kind;

3. cut owers and cut greenery not used for propagation; and

4. fruits and vegetables used for food or feed. If someone

selling live plants is exempt from the requirements of a live

plant dealer license, the vendor still needs to request the

exemption by lling out an application from https://www.

agriculture.ks.gov/docs/default-source/default-document-library/

live-plant-dealer-application.pdf

• More information and an application are available from the

KDA Plant Protection and Weed Control Program: http://

agriculture.ks.gov/divisions-programs/plant-protect-weed-

control/live-plant-dealer or by calling 785-564-6700.

Selling unique agricultural products (live birds,

manure, worms, compost, etc.)

ere are currently no ocial state requirements for selling

agricultural products such as live chickens, manure, worms,

compost, etc. at farmers markets. Vendors should check with the

market where they are selling, as well as to see if there are any

local policies restricting the sale of these products. Contact KDA

with any additional questions: [email protected] or 785-564-

6700 or https://agriculture.ks.gov/contact-us.

Oering product samples

Providing samples at a farmers market is allowed if certain

conditions are met. e fact sheet Sampling Safely at Kansas

Farmers Markets, Farm Stands, and Related Events contains

detailed information on sampling and is available at

bookstore.ksre.ksu.edu/pubs/MF3311.pdf

Note: ere is NO limit to the number of times per year that

samples can be oered. Any food product legal to sell can be

sampled. Wine can also be sampled, but the vendor must obtain

a special event permit from the Kansas Division of Alcoholic

Beverage Control (www.ksrevenue.org/abc.html).

Calibrating a thermometer

ermometers must be used to measure the temperature of food

that is sold or provided as samples if that food requires temperature

control for safety. at thermometer must be properly calibrated

before each day’s use to ensure accuracy, following the procedure

below:

1. Fill a cup with ice.

2. Add enough water so that there is at least 2 inches of liquid

in the bottom of the cup.

3. Leave the thermometer in the cup for at least 2 minutes to

equilibrate.

4. Read the thermometer. If it does not read 32°F, adjust

Head

Hex adjusting nut

Stem

Ice water

(32ºF, 0ºC)

2” (5 cm)

minimum

12 K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices

the thermometer reading according to the thermometer

instructions — often by turning (with a pliers) the hex

adjusting nut immediately below the thermometer head.

Digital thermometers may not be adjustable and should be

replaced if inaccurate.

5. If adjustments were made, recheck the temperature reading

in ice water.

Keep in mind the following tips:

• Be sure that your thermometer is designed for the

temperature range in which it will be used. ermometers

designed only for hot foods are discouraged because the ice

water temperature check is not possible.

• Hot foods: 135°F to at least 165°F

• Cold foods: at least 0°F to 41°F

• Temperatures should be taken once per hour to ensure the

foods are the proper temperature.

Selling Prepared Foods and Baked Goods

**Practices below that are REQUIRED by state regulations

are listed in bold and italics. All other practices listed are strongly

recommended for food safety.

Selling Prepared Foods (ready-for-immediate-

consumption foods that require temperature control

for safety)

Please refer to KSRE/KDA publication Food Handling

Guidelines for Exempt Food Vendors (https://bookstore.ksre.ksu.

edu/pubs/MF3472.pdf) for more information on the licensing

requirements for selling prepared foods for immediate

consumption.

How do I get a Food Establishment License?

Vendors must complete and submit a license application

along with the appropriate fees, which includes an application

and an annual license fee that varies depending on the type and

size of operation. e facility must also pass a KDA licensing

inspection. Most farmers market vendors will also need to

complete the Mobile Unit Log

, providing information to KDA

on the city or cities where you will be operating. e equipment

required depends on the menu items served. In general, the

following is required to be in your farmers market stand when

selling foods ready for immediate consumption

• Hand washing facilities.

• Ability to control temperature of perishable foods.

• Potable water (drinking water) supply.

• Sewage storage tank and ability to transport for proper

disposal in a sanitary sewer (not a storm sewer).

What are the regulations for selling prepared (or

15 Available from: http://agriculture.ks.gov/divisions-programs/food-safety-lodging/food-

safety-licenses or by contacting the KDA Food Safety and Lodging program at

[email protected] or 785-564-6767.

16 http://agriculture.ks.gov/docs/default-source/rc-food-safety/mobile_unit_log.

pdf?sfvrsn=2

17 More detailed requirements are listed in the Kansas Food Code (2012):

hps://agriculture.ks.gov/docs/default-source/fsl--handouts/2012_kda_food_

code_12_14_12.pdf

shelf stable) foods through a Community Supported

Agriculture (CSA)?

e regulations for each type of product would be similar to

those for selling at a farmers market as it is generally considered

a direct-to-consumer sale. e regulations would also vary

depending on the type of business relationship. Contact the

KDA Food Safety and Lodging program for more information.

Selling baked goods (breads, cakes, cookies, pies, etc.)

• Products should be proportioned and pre-packaged in clean,

new wrappings, jars, or bags.

• Packages should be sealed and not be opened to sell

part of the contents.

• If a vendor displays products in bulk and then pulls out

individual orders for customers onsite, the vendor must

have handwashing facilities in their booth.

Selling jams, jellies, and shelf-stable canned foods

See KSRE publication “Selling Safe Canned Foods in

Kansas” https://bookstore.ksre.ksu.edu/pubs/MF3555.pdf for more

information on selling canned foods.

Selling refrigerated/frozen processed foods

Examples include garlic-in-oil mixtures, and other products

containing ingredients that require temperature control for

safety.

• Requirements for selling include:

• Producer must have the appropriate KDA Food License

(likely a Food Establishment License).

• e facility must be suitable for the process to

obtain a license.

• e license is for the producer in a specic

facility. You cannot operate under someone

else’s license unless they are willing to take on

the liability.

• Product must be labeled according to the food labeling

requirements listed in the baked goods section.

• Proper temperature (<41°F for refrigerated, <0°F for

frozen) must be maintained at the market.

• Processed food containing 2% or more cooked meat or

cooked poultry by weight or more than 3% raw meat by

weight that is sold wholesale (not direct-to-consumer)

refrigerated or frozen must be processed at a USDA or

KDA meat inspected facility.

• Most non-specialized processed food, such as frozen

bierocks, can use the 6-day exemption of not requiring a

license. e product can be made on day one and each day

they are sold adds up to a total of 6 days without requiring

a license. However, the producer must follow Kansas

Administrative Regulations (KAR) 4-28-33 “Sanitation

and hygiene requirements for exempt food establishments.”

More details also in KAR 4-28-34 (Exemption from

licensure; denitions).

• If a licensed restaurant is selling products such as salsa at a

farmers market, the restaurant would not need an additional

license if the salsa formulation has been conrmed as

K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices 13

an acid food and it is packaged at the restaurant. If not,

then the restaurant would need an additional mobile food

establishment license for the point of sale, if done more

than 6 times in a year at any location other than the licensed

location (the restaurant).

Selling Meat, Eggs, and Dairy Products

Selling meat and poultry products

**Practices below that are REQUIRED by KDA regulations

are listed in bold and italics. All other practices listed are strongly

recommended for food safety.

Meat and poultry products (raw or processed)

must meet the

following requirements:

• Meat labeled as “Custom – Not for Sale” cannot be used for

retail sales.

• All meat and poultry products must be slaughtered and

processed in either a USDA or KDA fully inspected facility

and labeled properly for resale.

• Poultry growers raising fewer than 1,000 birds/year can

slaughter and sell these birds direct-to-consumer at their

own facility without registration or inspection. e same is

true for rabbits, but the exemption limit is 250 head/year.

• Growers selling 1,001 to 20,000 birds/year must

KDA Meat & Poultry Inspection Program by

obtaining a KDA Poultry Wholesaler license with

a poultry exemption. Registration form and more

details available at https://agriculture.ks.gov/docs/default-

source/meat-and-poultry/poultry-exemption-5-1-19.

pdf?sfvrsn=43488bc1_4

• Poultry growers raising more than 20,000 birds/year

must only sell product that has been slaughtered and

processed at an inspected facility.

• When selling meat either wholesale or direct-to-consumer,

product must be slaughtered and processed under USDA

or KDA inspection at a KDA or USDA fully inspected

facility.

• Meat packaging labels must be approved by the KDA Meat

and Poultry program or USDA and all labels must be applied

by the inspected facility. Only a farm label, with business

name and contact information only, may be applied by the

business.

• Label claims such as grain or grass fed and raised without

antibiotics must be registered (at no cost) with KDA

including provision of appropriate documentation for

approval.

• Meat products must be held, stored, and transported in a clean

and sanitary environment, to keep products wholesome. is

includes having a proper rodent and insect control program.

If a vendor sells only products bearing the mark of inspection in

the original packaging, they must have a KDA Meat & Poultry

18 Products containing 2% or more cooked meat or cooked poultry or more than 3% raw

meat by weight are considered meat and poultry products.

19 Contact the KDA Meat and Poultry program at 785-564-6776 for more information on

registering label claims and label requirements. Information on the meanings of meat

label claims is available from: bookstore.ksre.ksu.edu/pubs/MF3209.pdf

Wholesaler License for the point of sale.

• Any person engaged in the distribution of inspected and passed

meat, meat products, poultry, or poultry products within the

state of Kansas must obtain a KDA Meat & Poultry Wholesaler

license through the KDA Meat & Poultry Inspection Program.

is includes selling both direct-to-consumer and to wholesale

accounts (i.e. restaurants, retail stores).

• License must be renewed annually, at a cost of $25/ year

• Raw product must be transported and sold solidly frozen

(0°F or below) or fresh (36°F or below) in freezers or coolers

equipped with properly calibrated thermometers.

Other regulations and recommended best practices for

selling meat and poultry

• Coolers and ice packs or ice can be used to safely transport

and hold meats. Vendors must have a thermometer. Check

the temperature occasionally (about once/hour) with a stem

food thermometer

• In storage and display, ensure that the juices of one species

(for example, beef, chicken, pork, etc.) do not drip onto and

contaminate another species, or any other type of product, with

bacteria.

• Bag meat separately from any other products

(particularly fresh produce, ready-to-eat foods, baked

goods) to prevent cross-contamination.

• Label the product with “Safe Handling Instructions”

and

understand these safe practices so that you can explain them

to customers to increase the likelihood that the customer

will handle the product safely.

Selling eggs

If you have 50 or fewer hens and all sales are direct to

consumers, you are exempt from all requirements for selling eggs

unless you choose to grade your eggs or sell them for resale. You

can choose to sell ungraded or graded eggs.

• Selling graded eggs

requires obtaining a Kansas Egg License

and paying inspection fees.

20 License application available from: hps://agriculture.ks.gov/divisions-programs/meat-

and-poultry-inspecon/registraon

21 Stem food thermometers and refrigerator thermometers can be purchased for around

$10 at most grocery stores, variety stores, and hardware stores. Quick-read digital

thermometers usually cost only a little more. Be sure the food thermometer can be

calibrated and check its calibration occasionally.

22 These instructions are available from: https://www.fsis.usda.gov/sites/default/les/

media_le/2021-08/Safe_Handling2.pdf

23 More information on egg sales requirements, including for selling graded eggs is

available: hp://agriculture.ks.gov/divisions-programs/food-safety-lodging/food-safety-

egg-lodging-app-forms

USDA

14 K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices

Regardless of ock size, the items listed below (which are

requirements for vendors with 51 or more hens) are strongly

recommended best practices to reduce the risk of illness.

Although it is not required for vendors with fewer than 50 hens,

it is strongly recommended to keep eggs at temperatures below

45°F for safety. (Find more information in the Egg Fact Sheet at

https://agriculture.ks.gov/docs/default-source/rc-food-safety/egg-fact-

sheet-selling-eggs-without-a-license.pdf.)

If you have 51 to 249 hens, the following requirements must

be met to sell eggs at a farmers market:

• Eggs must be kept at or below 45°F when transporting,

storing and displaying.

• is requires that eggs are in a cooler or similar

temperature-controlled container.

• If you want to display an open egg carton on your table,

you should hard boil then air cool those eggs and mark

the display with a sign stating “For display only. Not for

sale.”

• If re-using egg cartons, make sure they are clean and free of

any foreign materials, to prevent the transfer of bacteria to

the eggs.

• Mark out all incorrect information, such as the previous

producer’s name and address, grade and previous pack

and expiration dates.

• Eggs must be washed and cleaned before sale.

• All egg cartons must be labeled with the following:

• Name and address of the producer

• Quantity of eggs

• Identity if other than chicken eggs (for example, duck,

goose, etc.)

• Note that eggs sold graded have additional labeling

requirements and require a Kansas egg license and

inspection fees.

• If all sales are direct to consumers, you can choose to sell

graded or ungraded eggs (selling graded eggs requires a

Kansas egg license and inspection fees). If you are selling

ungraded eggs, you must label the carton as being ungraded.

If you have more than 249 hens, you are required to obtain a

Kansas Egg License, sell only graded eggs, and pay inspection fees.

Note: Eggs other than chicken eggs can be sold and must

meet the same requirements as listed above for each ock size

but can only be sold ungraded.

• Baluts (fertilized eggs incubated for a period of time shorter

than required for hatching) can be sold but must follow

certain requirements. (More information on selling baluts is

available in the KDA Egg Fact Sheet.

)

Selling dairy products

e following requirements must be met:

• All dairy products sold at a farmers market must be produced

in a KDA-inspected dairy processing plant.

• KDA Dairy Inspectors are available to help in planning

24 https://agriculture.ks.gov/docs/default-source/rc-food-safety/egg-fact-sheet-last-handler-

distributor.pdf?sfvrsn=2847bbc1_4

stages of facility.

• Dairy processing plants are inspected about six times

per year, with frequent testing of pasteurization

equipment and sample testing.

• Labeling and label claims for dairy products must be approved

by KDA Dairy Inspection program

• Vendors that are selling directly to the consumer must have a

KDA Food Establishment license for the point of sale (at the

farmers market).

• Milk, cheese, and other non-frozen dairy products must be

maintained at <45°F at all times for safety and should be

<40°F for product quality.

• Frozen dairy products, such as ice cream must be solidly frozen

and < 0°F at all times.

• Coolers, refrigerated vehicles or freezers may be used.

• All of the above must be equipped with properly

calibrated thermometers.

• All uid milk sold at a farmers market in Kansas must be

pasteurized.

• Raw milk can only be sold on the farm.

• More information available from: http://agriculture.

ks.gov/divisions-programs/dairy-inspection/dairy-industry

References and other resources:

• Kansas Food Code 2012: https://agriculture.ks.gov/docs/default-

source/statutes-foodsafety-lodging/kda_food_code_7_1_2012.

pdf?sfvrsn=70daac1_6

• Kansas Department of Agriculture Food Safety and Lodging

Program website: agriculture.ks.gov/fsl

• Kansas Department of Agriculture Meat & Poultry Inspection

Program website: https://agriculture.ks.gov/divisions-programs/meat-

and-poultry-inspection

• Kansas Meat and Poultry Inspection Act: https://agriculture.ks.gov/

docs/default-source/meat-and-poultry/kansas-meat-and-poultry-

inspection-act.pdf?sfvrsn=5bcbe79b_0

• Kansas Farmers Market Resources and resources for consumers,

producers, and organizers of farmers markets: https://www.

fromthelandofkansas.com/page/farmers-market-resources

• Starting a Seasonal Open-Air Market in Kansas. K-State Research

and Extension and the Kansas Rural Center. 2008. https://bookstore.

ksre.ksu.edu/pubs/S140.pdf

• Buying Guide for Kansas-Grown Fresh Fruits and Vegetables. K-State

Research and Extension. January 2021.

http://bookstore.ksre.ksu.edu/pubs/mf2647.pdf

• Vegetable Garden Planting Guide. K-State Research and Extension.

October 2017. https://bookstore.ksre.ksu.edu/pubs/mf315.pdf

• Kansas Garden Guide. K-State Research and Extension. 2010.

https:bookstore.ksre.ksu.edu/pubs/S51.pdf

• Kansas State University Extension Food Safety website, including

numerous publications and resources related to farmers market

vendors and produce safety: www.ksre.ksu.edu/foodsafety

25 Contact information for the KDA Dairy Inspection program: hps://agriculture.ks.gov/

divisions-programs/dairy-inspecon/dairy-consumers

K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices 15

Key Contacts

Questions on? Who to contact Website Email Phone

Food Safety licensing and

inspection

KDA Food Safety and

Lodging program

https://agriculture.ks.gov/divisions-

programs/food-safety-lodging

KDA.FSL@ks.gov 785-564-6767

Value added product

process authority recipe

approval, product devel-

opment, Better Process

Control School, HACCP,

etc.

Kansas State University

Value-Added/ Product

Development Lab

www.ksre.ksu.edu/kva kva@ksu.edu 785-532-1294

Sales tax information and

alcohol regulations

Kansas Department of

Revenue

www.ksrevenue.org/ tac@kdor.ks.gov 785-368-8222

Filing as a business entity Kansas Secretary of

State

www.kssos.org/main.html 785-296-4564

General information on

Kansas farmers markets,

registering a farmers

market

From the Land of Kan-

sas program

https://www.fromthelandofkansas.

com/page/farmers-market-resources

farmersmarkets@

kda.ks.gov

785-564-6755

Accepting Senior Farmers

Market Nutrition Program

(SFMNP) coupons

Kansas Department of

Health and Environ-

ment

https://www.kdhe.ks.gov/1041/

Kansas-Senior-Farmers-Market-Nutri-

tion-P

785-291-3742

Accepting SNAP (Benets

Cards) from customers

USDA Supplemental

Nutrition Assistance

Program (SNAP)

https://www.fns.usda.gov/snap/

apply-to-accept

Scale testing, method of

selling produce

KDA Weights and

Measures

agriculture.ks.gov/divisions-programs/

weight-measures

785-564-6700

Selling live plants KDA Plant Protection

and Weed Control

Program

agriculture.ks.gov/divisions-programs/

plant-protect-weed-control/live-plant-

dealer

785-564-6700

Meat and poultry inspec-

tion and registering of

label claims

KDA Meat and Poultry

program

agriculture.ks.gov/divisions-

programs/meat-and-poultry-

inspection/general-information

785-564-6776

Questions on dairy

processing, licensing, and

product labeling

KDA Dairy Inspection

program

agriculture.ks.gov/divisions-programs/

dairy-inspection/dairy-consumers

Je[email protected] 785-564-6700

Business consulting for

small businesses

Kansas Small Business

Development Center

www.kansassbdc.net/ [email protected] English, 800-

949-7661; or

Spanish, 800-

707-0580

Information and per-

sonal assistance to start

or maintain a Kansas

business

Kansas Business One

Stop

https://ksbiz.kansas.gov ks-helpcenter@

egov.com

800-4-KANSAS

or 785-296-

5059

Small business develop-

ment assistance

Kansas Department of

Commerce

https://www.kansascommerce.gov/ 785-296-3481

Information on funding

opportunities for rural

food businesses

USDA Rural Develop-

ment

www.rd.usda.gov/ks 785-271-2700

Resources and infor-

mation on Sustainable

Agriculture

Kansas Center for

Sustainable Agriculture

and Alternative Crops

kansassustainableag.org/ kebert@k-state.

edu

913-856-2335,

ext. 102

General farmers market

food safety best practices

questions; produce safety

Kansas State University

Extension Food Safety

Program

www.ksre.ksu.edu/foodsafety lnwadike@ksu.

edu

913-307 -7391

Information on produc-

tion of fruits, vegetables,

and live plants

Kansas State University

Extension Horticulture

Program; Specialty

Crop Growers Associ-

ation

https://hnr.k-state.edu/extension/;

https://www.kscga.org/

785-532-6173

16 K-State Research and Extension — Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices

Contents

Foods Sold Direct to Consumers in Kansas:

Regulations and Food Safety Best Practices .......................1

Overview: Allowed Foods, Label Requirements ..........................1

Foods that are ALLOWED to be sold directly to consumers in

Kansas WITHOUT licensing, according to state regulations

... 2

Foods THAT REQUIRE proper licensing (temperature control

for safety or specialized process foods and beverages)

.............. 4

Foods that must tested to determine

if a license is required or not

..........................................................6

How do I get the license(s) I need to meet the requirements listed

above?

............................................................................................7

What if I produce (and/or process) my food in Kansas and want to

sell in a neighboring state?

...........................................................7

In addition to food safety, what other regulatory requirements do I

need to follow to sell at a farmers market?

....................................8

What are the labeling requirements for packaged food products?

How are all these regulations enforced?

.......................................8

General Food Safety Practices, Selling Fresh Produce,

Samples and Demos .................................................................8

General steps to food safety for all farmers market vendors ..........8

Table 1. Method of Retail Sale for Fresh Fruits and Vegetables

Specic Commodity

.....................................................................9

Table 2. Method of Retail Sale for Fresh Fruits and Vegetables

General Commodity Groups

........................................................9

Chef demonstrations

...................................................................10

Selling fresh produce

.................................................................10

Selling live plants at a farmers market

.........................................11

Selling unique agricultural products (live birds, manure, worms,

compost, etc.)

..............................................................................11

Oering product samples

..........................................................11

Calibrating a thermometer

..........................................................11

Selling Prepared Foods and Baked Goods .........................12

Selling Prepared Foods (ready for immediate consumption foods

that require temperature control for safety)

.................................12

How do I get a Food Establishment License?

............................12

What are the regulations for selling prepared (or shelf stable) foods

through a Community Supported Agriculture (CSA)?

.............12

Selling baked goods (breads, cakes, cookies, pies, etc.)

..............12

Selling jams, jellies, and shelf-stable canned foods

......................12

Selling refrigerated/frozen processed foods

................................12

Selling Meat, Eggs, and Dairy Products ..............................13

Selling meat and poultry products...............................................13

Other regulations and recommended best practices for selling meat

and poultry

.................................................................................13

Selling eggs

.................................................................................13

Selling dairy products

..................................................................14

References and other resources: ........................................14

Key Contacts .............................................................................15

Kansas State University Agricultural Experiment Station and Cooperative Extension Service

K-State Research and Extension is an equal opportunity provider and employer. Issued in furtherance of Cooperative Extension Work, Acts of May 8 and June 30,

1914, in cooperation with the U.S. Department of Agriculture, Director of K-State Research and Extension, Kansas State University, County Extension Councils,

Extension Districts.

MF3138 rev. January 2024

Date shown is that of publication or last revision. Brand names appearing in this publication are for product identication purposes only. No

endorsement is intended, nor is criticism implied of similar products not mentioned.

Publications from Kansas State University are available at: www.bookstore.ksre.ksu.edu

Contents of this publication may be freely reproduced for educational purposes. All other rights reserved. In each case, credit

Londa Nwadike, Ph.D., Foods Sold Directly to Consumers in Kansas: Regulations and Food Safety Best Practices, Kansas State University,

January 2024.

Prepared by

Dr. Londa Nwadike, Kansas State University/University of Missouri

Extension Food Safety Specialist

22201 W. Innovation Dr

Olathe, KS 66061

913-307-7391

[email protected]

Fact sheet reviewed by:

• Karen Blakeslee, Kansas State University Value Added Foods Lab

• Adam Inman, Kansas Department of Agriculture Food Safety and

Lodging Program

• Jeremy Schooler, Kansas Department of Agriculture Meat &

Poultry Inspection Program

105 East 5th St., Suite 200

Kansas City, MO 64106

[email protected]