Food Processing General Requirements
1. A food processor is an individual or organization that takes either raw food products and ingredients, or pre-processed products, combines or repackages them and distributes the finished product. Food processing can be a simple operation, such as repackaging bulk foods, baking bread and distributing it or a more complicated operation such as canning or preserving.
2. All food establishments, facilities where processing occurs under inspection by the Missouri Department of Health and Senior Services, need to comply with the requirements of 21CFR117 Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventative Controls for Human Food. This is a federal code the Missouri Department of Health and Senior Services uses when inspecting all types of processing, distribution and warehousing facilities.
3. 21 CFR 117 is a very general set of regulations that provides information about the food processing structures, plumbing and building materials, etc. Some operations must follow additional regulations regarding the person(s) producing specific food products.
4. Facilities in which processed foods are prepared and may be further regulated at the local and county level. To determine a local jurisdiction and the related guidelines, visit the Missouri Department of Health & Senior Services’ Directory of Public Health Agencies. Food Establishments
Many foods sold at farmers’ markets do not require inspection or preparation in a food establishment. To determine if a vendor or their facility requires inspection as a food establishment, the Missouri Food Code (19 CSR 20-1.025) offers the following definition.
Food Establishment (1) “Food establishment” means an operation that: (a) Stores, prepares, packages, serves, vends food directly to the consumer or otherwise provides food for human consumption such as a restaurant; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; (b) Relinquishes possession of food to a consumer, directly or indirectly, through a delivery service such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers; and (2) “Food establishment” includes: (a) An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location; and (b) An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location; where consumption is on or off the premises; and regardless of whether there is a charge for the food. (3) “Food establishment” does not include: (a) An establishment that offers only prepackaged foods that are not potentially hazardous foods; (b) A produce stand that only offers whole, uncut fresh fruits and vegetables; Updated: June 2018 21 (c) A food processing plant; including those that are located on the premises of a food establishment; (d) A kitchen in a private home if only food that is not potentially hazardous food, is prepared for sale or service at a function such as a religious or charitable organization’s bake sale if allowed by law and if the consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority; (e) An area where food that is prepared as specified in Subparagraph (3)(d) of this definition is sold or offered for human consumption; (f) A kitchen in a private home, such as a small family day-care provider; or a bed-and-breakfast operation, that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed four (4), and breakfast is the only meal offered; (g) A private home that receives catered or home-delivered food; or (h) Where local codes allow, individual stands in which only foods meeting the following conditions are sold, sampled or served: (i) Non-potentially hazardous processed food, except low acid canned and acidified in 21 CFR 113 and 114 respectively, including, but not limited to breads, cookies, fruit pies, jams, jellies, preserves, fruit butters, honey, sorghum, cracked nuts, packaged spices and spice mixes, dry cookie, cake, bread, and soup mixes; (ii) The seller is the individual actually producing the food or an immediate family member residing in the producer’s household with extensive knowledge about the food; (iii) The seller only sells, samples or serves the food directly to the end consumer; (iv) All processed packaged foods bear a label stating the name and address of the manufacturer/processor preparing the food, common name of the food, name of all the ingredients in the food in order of predominance, the net weight of the food in English or metric units, and a statement that the product is prepared in a kitchen that is not subject to inspection by the department. It is recommended that honey manufacturers/processors include this additional statement to their product label: “Honey is not recommended for infants less than twelve (12) months of age”; and (v) The consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to inspection by the department if the foods specified in Part 3. H. (I) of this definition, are sold, sampled or served in unpackaged, individual portions. The department shall have the final authority in determining whether a food is non-potentially hazardous and may enjoin individuals who violate the provisions of this subparagraph from selling, sampling or serving these foods.”
Processing Baked Goods and Dry Mixes for Sale
The Missouri 2013 Retail Food Code states: “(h) Where local codes allow, individual stands in which only foods meeting the following conditions are sold, sampled or served: (i) Non-potentially hazardous processed food, except low acid canned and acidified foods as specified in 21 CFR 113 and 114 respectively, including, but not limited to breads, cookies, fruit pies, jams, jellies, preserves, fruit butters, honey, sorghum, cracked nuts, packaged spices and spice mixes, dry cookie, cake, bread, and soup mixes; (ii) The seller is the individual actually producing the food or an immediate family member residing in the producer’s household with extensive knowledge about the food; (iii) The seller only sells, samples or serves the food directly to the end consumer; (iv) All processed packaged foods bear a label stating the name and address of the manufacturer/processor preparing the food, common name of the food, name of all the ingredients in the food in order of predominance, the net weight of the food in English or metric units, and a statement that the product is prepared in a kitchen that is not subject to inspection by the department. It is recommended that honey Updated: June 2018 22 manufacturers/processors include this additional statement to their product label: “Honey is not recommended for infants less than twelve (12) months of age”; and (v) The consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to inspection by the department if the foods specified in Part 3. H. (I) of this definition, are sold, sampled or served in unpackaged, individual portions. The department shall have the final authority in determining whether a food is non-potentially hazardous and may enjoin individuals who violate the provisions of this subparagraph from selling, sampling or serving these foods.” Some local and county authorities may require additional permits and inspections beyond state law. To determine a local jurisdiction and the related guidelines visit the Missouri Department of Health & Senior Services’ Directory of Public Health Agencies. For more information contact the Missouri Department of Health and Senior Services Food Safety Program at (573)-751-6095.
Cottage Laws Missouri Revised Statutes Chapter 196 Sale of Cottage Foods / Section 196.298 August 28, 2014 “1. As used in this section, the following terms shall mean: (1) "Baked goods", includes cookies, cakes, breads, danish, donuts, pastries, pies, and other items that are prepared by baking the item in an oven. A baked good does not include a potentially hazardous food item as defined by department rule; (2) "Cottage food production operation", an individual operation out of the individual's home who: (a) Produces a baked good, a canned jam or jelly, or a dried herb or herb mix for sale at the individual's home; (b) Has an annual gross income of fifty thousand dollars or less from the sale of food described in paragraph (a) of this subdivision; and (c) Sells the food produced under paragraph (a) of this subdivision only directly to consumers; (3) "Department", the department of health and senior services; (4) "Home", a primary residence that contains a kitchen and appliances designed for common residential usage. 2. A cottage food production operation is not a food service establishment and shall not be subject to any health or food code laws or regulations of the state or department other than this section and rules promulgated thereunder for a cottage food production operation. 3. (1) A local health department shall not regulate the production of food at a cottage food production operation. (2) Each local health department and the department shall maintain a record of a complaint made by a person against a cottage food production operation. 4. The department shall promulgate rules requiring a cottage food production operation to label all of the foods described in this section which the operation intends to sell to consumers. The label shall include the name and address of the cottage food production operation and a statement that the food is not inspected by the department or local health department. 5. A cottage food production operation shall not sell any foods described in this section through the internet. 6. Nothing in this section shall be construed to prohibit the authority of the department of health and senior services or local health departments to conduct an investigation of a food-borne disease or outbreak. Updated: June 2018 23 (L. 2014 S.B. 525)” The Missouri Department of Health and Senior Services interprets this statute to allow a cottage food production operation to sell baked goods, canned jam or jelly, dried herbs, and dried herb mixes prepared in the home, from the home, without being subject to state health and food laws and regulations if the operation has an annual gross income of $50,000 or less. The operation is required to label all foods intended for sale with the name and address of the operation and a statement that the food is not inspected by the Department of Health and Senior Services or a local health department. The statute restricts the sale of cottage foods through the Internet and does not apply to farmers’ markets or anytime sales are made away from the home. However, many similar exemptions already exist in the Missouri Food Code and existing statutes and are detailed throughout this document. To determine if exemptions or restrictions exist for products manufactured in the home, contact the local health agency and inquire what is required to sell a given product at a given location. To determine a local jurisdiction and the related guidelines visit the Missouri Department of Health & Senior Services’ Directory of Public Health Agencies.
Processing Jams & Jellies, Acidified Foods and Low Acid Foods for Sale
Before selling any food at a farmers’ market, consult with your local health agency about the requirements that may need to be met in order to prepare, serve and sell that food. Jams and Jellies The Missouri Food Code allows individuals to manufacture jams and jellies and process these products in their home kitchens under certain conditions. Jams and jellies may be sold without inspection if the vendor sells less than $30,000 of the product per year and the manufacturer sells ONLY directly to the end consumer. These products must meet the following labeling requirements found in the Missouri Food Code: Name and address of the person manufacturing the product Common name of the product Name of all the ingredients Net weight of the product measured in metric and English units Statement: “This product has not been inspected by the Department of Health and Senior Services.” For additional information check out the DHSS handout on Safe Preparation of Jams and Jellies. You can also contact them at (573) 751-6095.
1. Acidified foods are foods that have a natural pH value 4.6 or below. 21CFR114 defines acidified foods to mean low-acid foods to which acids or acid foods are added; these foods include, but are not limited to, beans, cucumbers, cabbage, artichokes, cauliflower, puddings, peppers, tropical fruits, and fish. Salsas and other foods to which an acid (commonly lemon juice or vinegar) has been added to lower the acidity of the finished product fall into this category. Sometimes these are called “pickled” foods. A person who cans acidified foods must follow the requirements of 21CFR 114 Acidified Foods in addition to 21CFR117 Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventative Controls for Human Food.
2. Facilities must obtain a Food Canning Establishment (FCE) registration from the U.S. Food and Drug Administration (FDA). 3. The Missouri Department of Health and Senior Services (DHSS) states that acidified food manufacturers must: Updated: June 2018 24 Have their process reviewed by a process authority; Complete a Better Process Control School; operate in a facility that meets requirements of all applicable regulations; and contact the DHSS Manufactured Foods Program at (573)751-6095 for more detailed information on inspections.
Low Acid Foods
1. The second type of canning operation is for the processing of low acid canned food. These foods have a pH value above 4.6. A common food in this category would be canned green beans. To begin canning low-acid foods producers need to follow 21CFR 113: “Thermally Processed Low Acid Foods, Packaged in Hermetically Sealed Containers” in addition to 21 CFR 117.
2. Facilities must obtain a Food Canning Establishment (FCE) registration from the U.S. Food and Drug Administration (FDA).
3. The Missouri Department of Health and Senior Services (DHSS) states that low acid food manufactures must: Have their process reviewed by a process authority; Complete a Better Process Control School; Operate in a facility that meets requirements of all applicable regulations; and Contact the DHSS Manufactured Foods Program at (573) 751-6095 for more detailed information on inspections.
4. The Better Process Control School is offered annually around the country at temporary locations in different states as well as online. You can visit gmaonline.org/sef for a complete listing.
5. Facilities in which processed foods are prepared and the labeling of them may also be regulated at the local and county level. To determine a local jurisdiction and the related guidelines visit the Missouri Department of Health & Senior Services’ Directory of Public Health Agencies.
Honey Facilities Exemption
Producers of honey selling less than $50,000 per year are exempt from constructing and maintaining a separate facility for bottling of honey and may produce such products in their place of residence as long as all other safety, labeling and certification requirements are met. Missouri Revised Statutes Chapter 261 Honey Exemption / Section 261.241 August 28, 2015 “1. Sellers of honey whose annual sales of honey are fifty thousand dollars or less per domicile shall not be required to construct or maintain separate facilities for the bottling of honey. Such sellers shall be exempt from all remaining health standards and regulations for the bottling of honey pursuant to sections 196.190 to 196.271 if they meet the following requirements:
(1) Honey shall be bottled in the domicile of the person harvesting and selling the honey;
(2) Honey shall be labeled with the following information in legible English as set forth in subsection 2 of this section;
(3) Annual gross sales shall not exceed fifty thousand dollars. The person harvesting such honey shall maintain a record of sales of honey bottled and sold. The record shall be available to the regulatory authority when requested.
2. The honey shall be labeled with the following information:
(1) Name and address of the persons preparing the food; Updated: June 2018 25 (2) Common name of the food; and
(3) The name of all ingredients in the food.
3. Sellers of honey who violate the provisions of this section may be enjoined from selling honey by the department of health and senior services.
Fermented Foods, Kombucha and Other Fermented Teas
Fermented foods, such as sauerkraut, certain pickles and kimchi, are considered to be acidified or low acid foods and must comply with all rules and regulations under Processing Jams & Jellies, Acidified Foods and Low Acid Foods for Sale. Foods such as fermented foods are considered a special process under the Missouri Food Code. Contact your local health department for additional information on fermented foods and their requirements.
Bottled Water Bottled water is considered to be a processed food and is governed by the Department of Health and Senior Services, Manufactured Food Program. 21 CFR 117 covers the general sanitation and facility requirements of a bottling plant. The Missouri Department of Health and Senior Services follows the federal rules for water bottling that are found in 21CFR129 Processing and Bottling of Bottled Drinking Water.
Food Service Sales at Farmers’ Markets (Food Truck Laws)
The guidelines for a business to prepare or sell prepared food at a temporary location are governed by the Department of Health and Senior Services’ Temporary Food Service Guidelines. Food Service Sales/Food Trucks are considered temporary and regulated under the Missouri retail food code. State temporary food service guidelines are enforced by the local or county departments of health and further local restrictions may apply. To determine a local jurisdiction and the related guidelines, visit the Missouri Department of Health & Senior Services’ Directory of Public Health Agencies. Event permitting and other licensing requirements may also be governed by local authorities.
Selling Meat and Poultry
The Missouri Meat and Poultry Inspection Program (MMPIP), in cooperation with the U.S. Department of Agriculture (USDA) Food Safety Inspection Service (FSIS), is administered by the Missouri Department of Agriculture, Division of Animal Health, P.O. Box 630, Jefferson City, MO 65102-0630. To contact the MMPIP, call (573) 522-1242. Meat processed under inspection by the Missouri Department of Agriculture is offered the same market access and authority as meat inspected by the USDA as long as it remains in the state. Purpose of the Missouri Meat and Poultry Inspection Program The MMPIP is dedicated to ensuring that the commercial supply of meat and poultry products within the state are safe, wholesome, accurately labeled and secure, as required by state and federal meat and poultry inspection laws. By providing inspection service and guidance to Missouri processors, the program continues to endorse the mission of the Missouri Department of Agriculture -- to serve, promote and protect the agricultural producers, processors and consumers of Missouri’s food, fuel and fiber products. Missouri Meat and Poultry Producers Selling in Missouri Owners or operators who want to sell meat or poultry and/or meat and poultry products, wholesale or retail, within the state (intrastate), unless exempted under the Poultry Products Inspection Act, must have their products processed in a MMPIP or USDA/FSIS inspected processing facility. Exempt Updated: June 2018 26 operators must be registered with the State. Any new custom exempt facility should contact the program for a sanitary inspection of the plant. Both exempt and non-exempt owners and operators should contact the MMPIP at (573) 522-1242. Poultry Exemption for 1,000 Birds or Less The Poultry Products Inspection Act addresses the exemption regulations in regards to poultry producers and allows for on-farm processing of 1,000 birds or less for sales to consumers, hotels, restaurants and institutions. Poultry producers must apply with MMPIP for exemption. Poultry exemptions vary greatly. Call (573) 522-1242 for further clarification of these rules and exemptions. Custom Exempt Operations 9 CFR 303.1 exempts the custom preparation of carcasses, meat or meat food products derived from the slaughter of cattle, sheep, swine, goats or game animals from official inspection. However, custom operations are subject to sanitary inspection by the MMPIP. Custom exempt meat may not be sold at farmers’ markets or to consumers in any manner. Custom processing is a service provided to producers of livestock and the meat remains the property of the producer through processing until delivery, and must be labeled “Not for Sale”. Requirements for Custom Exemption 1. The custom prepared articles must be exclusively for use in the owner’s household by members of his household, nonpaying guests and employees. 2. The custom-prepared products must be kept separate and apart from inspected products. 3. Immediately after preparation and until delivered to the customer (owner), the carcasses or other prepared custom articles must be clearly marked "NOT FOR SALE." 4. Establishments engaging in custom operation must maintain records pertaining to the custom operation. The records shall include: Name and address of the customer Species and weight of animals processed Kind and weight of items prepared All custom exempt operations must apply for exemption. Contact the MMPIP at (573) 522-1242 for further information. Requirements for State Inspection: 1. Contact the Missouri Department of Meat and Poultry Inspection Program (MMPIP) at the Missouri Department of Agriculture, (573) 522-1242. 2. Before being granted state inspection, an establishment shall have developed written Sanitation Standard Operation Procedures (SSOPs) and a Hazard Analysis Critical Control Point (HACCP) Plan. HACCP guidance and information is available on the FSIS website. A conditional grant inspection shall be issued for a period not to exceed 90 days, during which period the establishment must validate its HACCP plan with MMPIP. 3. Before producing new product for distribution in commerce, an establishment shall have conducted a hazard analysis and developed a HACCP plan applicable to that product. During a period not to exceed 90 days after the date the new product is produced for distribution in commerce, the establishment shall validate its HACCP plan with the MMPIP. 4. The establishment must be maintained in a sanitary condition. 5. Obtain “Release from Official Plant of Inedible and Condemned Animal Product Form” and mail to the Missouri Department of Agriculture. 6. Plant sewage waste disposal must have permit from the Missouri Department of Natural Resources or local authority. 7. A current “official” potable water test is required to be on file at all times. Updated: June 2018 27 Product Labeling Instructions: Establishments are responsible for ensuring that labeling used for meat and poultry products is not false or misleading. Labels must be submitted to the Missouri Meat and Poultry Inspection Program for approval prior to use. MANDATORY FEATURES ON FINISHED PRODUCT LABEL: 1. Name of the product 2. Ingredients statement, if needed 3. Inspection legend and establishment number 4. Handling statements, e.g., keep refrigerated, keep frozen, etc., if needed 5. Safe handling instructions 6. Net quantity of contents statement, if needed 7. Signature line (manufacturer’s or distributor’s name and address) 8. Nutrition labeling, if needed Label approval forms for Single Ingredient products and Multi-Ingredient products can be obtained from the office or may be submitted electronically. Sale of Missouri Meat and Poultry Summary: Meat and poultry sold at a farmers’ market must be slaughtered and processed in either a USDA or Missouri inspected facility and labeled as such to be sold at a farmers’ market. There are multiple poultry exemptions that may apply to poultry producers. Contact the Department at (573) 522-1242 for exemption details. Meat and poultry processed in a custom exempt facility may not be sold in a farmers’ market. List of Missouri’s Official Plants Under Inspection Out of State Meat and Poultry Producers Selling in Missouri Out of state owners or operators wanting to sell meat and poultry or meat and poultry products in the state of Missouri (interstate) must have their products processed in a USDA inspected processing facility. The USDA maintains this list of inspected establishments. Sale of Livestock and Live Poultry 5. Sale of Livestock Regulations regarding the sale of livestock (mammals, fish, amphibians and reptiles) vary greatly by species and breed. To request information about specific livestock varieties, contact the Missouri Department of Agriculture, Animal Health Division at (573) 751-3377 or visit http://agriculture.mo.gov/animals/health/. 6. Sale of Live Poultry There are state restrictions regarding the sale of live poultry that originate in the state of Missouri. To obtain requirements about live poultry, contact the Missouri Department of Agriculture, Animal Health Division at (573) 751-3377.
Out of State Live Poultry and Livestock
Livestock and poultry not originating in the state of Missouri must meet entry requirements before entering the state. Entry requirements may be obtained from the Missouri Department of Agriculture, Division of Animal Health at (573) 751-3377.
Pet Treat and Feed Manufacturing and Sales
Anyone wishing to produce or sell pet (dog or cat) treats or feed in the state of Missouri must submit a Feed License Application before product may be distributed. Producers must also pay a $25 annual Updated: June 2018 28 inspection fee and file a Product Listing Form. For production or sales of larger quantities, a Quarterly Tonnage Report must be filed and additional inspection fees will apply. All feed for animals must be clearly labeled in accordance with the Missouri Pet Food Regulations (2CSR 70-31.010-70-31.90) and include the following information:
1. Product name (and brand name if applicable)
2. Species of pet intended for
3. Guaranteed analysis Crude protein .......x % (minimum percentage) Crude fat………....x % (minimum percentage) Crude fiber……….x % (maximum percentage) Moisture……...…..x % (maximum percentage)
4. Ingredients – in descending order by weight
5. Feeding directions – The principle display panel (front of label) must state “treat” or “snack” or the feeding directions must state “This product is intended for intermittent or supplemental feeding only.”
6. Name and address of the manufacturer or distributor including: Name of business Street address (may omit if business name is listed in local phone directory) City, state and zip code
7. Quantity statement – net weight in ounces or net count of treats For questions or clarifications contact Missouri Department of Agriculture, Bureau of Feed, Seed and Treated Lumber at (573) 751-4310.
Egg quality is highly important to producers, consumers and food safety. The Weights, Measures and Consumer Protection Division of the Missouri Department of Agriculture licenses egg producers, dealers and retailers and inspect eggs sold in Missouri. Under the Missouri Egg law, “Eggs” are defined as “eggs in the shell from domesticated chickens, turkeys, ducks, geese or guineas”. Anyone selling eggs or egg products to anyone other than eggs produced and sold on the farm must obtain a Missouri Egg License.
There are four types of license:
1. The Egg Dealer License is required for any person who purchases eggs from a producer, packages the eggs and then sells them to another dealer, processor or retailer. Fees are determined by the number of cases of eggs sold each week.
2. The Egg Retailer License is required for someone selling another producer’s eggs to consumers. Egg Retailers must purchase eggs from licensed Dealer’s. The Egg Retailer License fee is $5 annually.
3. The Limited Retailer License is required for producers selling eggs directly to consumers off the farm, at farmers’ markets or at roadside stands. The annual licensing fee for a Limited Retail License is $5.
4. The Processors License is for any person engaged in breaking eggs or processing egg liquids, whole egg meats, yolks, whites or any mixture of yolks and whites with or without adding other ingredients to be sold as egg products. Fees are based on cases of eggs (or equivalent in liquid or frozen eggs) processed in any one day. Shell eggs shall be held at a maximum temperature of no greater than 45°F. All eggs must be candled and graded before sold to a consumer. Eggs packaged in containers by licensed dealers for supply or sale to retailers must be identified on each container with either the name and address (city and state) or approved identification number of the dealer or limited retailer under whose authority the eggs were packaged and the day, month, and year Updated: June 2018 29 when said eggs were graded. Eggs sold to any consumer by any person shall be of the quality standard designated grade and size established by USDA, Ag Marketing Services. To obtain a complete copy of Missouri Egg Laws & Regulations, call the Missouri Department of Agriculture, Division of Weights, Measures, & Consumer Protection at (573) 751-5639 or visit their website at http://agriculture.mo.gov/weights/rules.php. Producers that wish to offer the sale of game bird eggs such as quail or pheasant must obtain a Class I Wildlife Breeder Permit from the Missouri Department of Conservation in accordance with 3 CSR 10- 9.353(16). 3 CSR 10-9.353(16) states “The holder of Class I wildlife breeder permit may sell legally acquired game bird eggs or dressed or processed quail, pheasants and partridges at retail and to commercial establishments under provisions of 3 CSR 10-10.743, provided all sales are accompanied by a valid invoice, and the required records are maintained by the wildlife breeder.
Selling Dairy Products at the Market
The sale of all milk and dairy products, except ice cream, in the state of Missouri is governed by the State Milk Board. Missouri’s State Milk Board (SMB) was created in 1972 to encourage orderly and sanitary production, transportation, processing and grading of fluid milk and processed milk products for consumption intrastate, as well as interstate. To obtain a complete copy of the SMB rules and regulations or to request an application you can contact the State Milk Board at (573) 751-3830 or visit their website at http://agriculture.mo.gov/animals/milk/.
Sale of Cheese and Cheese Products Producers and processors wishing to sell cheese in the state of Missouri must adhere to the following process, rules and regulations. 1. Producers must submit farm and plant plans for approval to the State Milk Board. 2. After plan approval, the milking parlor and plant are inspected at intervals to ensure that they meet the regulatory requirements and are constructed according to the approved plans. 3. After final inspection of the milking parlor and plant facilities, the producer must make a request for a farm certification and apply for a plant license. 4. After obtaining farm certification and a plant license, another inspection is made of the production process, including label review and pasteurizer testing, if pasteurized milk is used. If final inspection and label review are satisfactory then the plant may be allowed to produce and sell product.
Sale of Raw Milk and Raw Milk Products 1. The sale of uninspected raw milk or cream in Missouri is permitted only when the purchase point of origin is at the farm or it is delivered directly to the purchasing individual for their own use. 196.935 RSMo 2000 2. Producers and processors wishing to sell SMB permitted and inspected raw milk or cream at a farmers’ market must first contact the Missouri State Milk Board to obtain a permit and comply with regulations pertaining to proper bottling, capping and labeling of raw milk products. 2 CSR 80-3.010 - 2 CSR 80-3.130 Local authorities may further restrict the sale and regulate the delivery of raw milk. To determine a local jurisdiction and the related guidelines, visit the Missouri Department of Health & Senior Services’ Directory of Public Health Agencies
Sale of Ice Cream Products The Missouri Department of Health and Seniors Services and local public health agencies regulate more than 2,000 establishments that manufacture, sell or serve frozen dessert products throughout the state. The Missouri Law, Sections 196.851 - 196.895 RSMo was enacted in 1955 to assure the wholesomeness and purity of the product. The section of the Code of State Regulations (CSR 20-1.030 Sanitation and Production Standards for Frozen Desserts) that applies to frozen desserts is titled “Sanitation and Updated: June 2018 30 Production Standards for Frozen Desserts.” According to this section each establishment meeting one of the definitions listed below is inspected and required to obtain a state-issued frozen dessert license annually. Definition of Frozen Dessert establishment: A Frozen Dessert Plant is any place or premise where frozen desserts or mixes are processed, pasteurized, frozen or packaged for distribution or sale. A Frozen Dessert Processor is any person who freezes any pasteurized mix into semisolid or solid form for retail distribution or sale as a frozen dessert. Frozen Dessert Plants and those establishments processing products such as ice cream, softserve products, frozen yogurt, frozen custard, sherbets, water ice, and frozen novelties do require a frozen dessert license. The Missouri Department of Health and Senior Services has determined that establishments manufacturing and/or freezing ice beverage products exclusively, such as icees, slurpies, frozen cappuccino, etc. or serving hard hand-dipped ice cream do not require a frozen dessert license. The application and instructions are available online or you can contact the Bureau of Environmental Health Services at (573) 751-6090.
Sales by Weights and Measures
All sales by weights and measures such as ounces, pounds, quarts, pints, gallons, etc. are regulated by the Missouri Department of Agriculture, Weights, Measures and Consumer Protection Division. When selling by weight, all scales determining the billable rate must be inspected and Certified by an Inspection Agent with the Missouri Department of Agriculture. The division ensures the accuracy of all commercial weighing and measuring devices in Missouri. This is accomplished by annually certifying commercial weighing and measuring devices. The division has 14 weights and measures inspectors who certify the accuracy of small scales (those with a capacity under 1,000 pounds) and six weights and measures inspectors who certify the accuracy of large scales, such as livestock scales, vehicle scales, and grain hoppers. Any device used to determine the price of a commodity stands to be tested and certified by a weights and measures official. Whether it is a scale used in a grocery store, at a farmer’s market, or at a roadside produce stand, the device should bear an approval seal from the Weights, Measures and Consumer Protection Division. When measuring by volume, the Missouri Department of Agriculture has adopted the National Institute for Standards and Technology Handbook. The publications in this handbook outline all acceptable packaging and labeling requirements for various products being sold by volume. To avoid any confusion or possible issues, most vendors will sell by quantity, such as bags or bunches, and use volume containers such as pints, quarts and gallons for display purposes only and market them as small, medium and large containers. The below guidelines (HIST Handbook 130) apply to all sales of fruits and vegetables. There are two tables, one for specific commodities and one for general commodity groups. The item may be sold by any method of sale marked with an X. Approved units of sale for fruits and vegetables are listed below:
Produce may be sold by weight, measure, or count, depending on the commodity. Selling by “weight” or “measure” involves legally defined weights and measures. Direct sales, such as farmers’ markets, roadside stands, or from a pickup truck, are those where the weight of the product is determined at the time of the sale. Scales used in direct sales must be inspected and approved at least once each calendar year by the Division of Weights and Measures. There will be a fifteen dollar ($15) fee charged for each approvable type scale. Scales stamped or labeled by the factory “Not Legal For Use In Trade” will not be approved because these devices were not manufactured to meet the standards necessary for commercial trade and certification. Such scale types may include baby scales, bathroom scales, postal scales, restaurant portion scales and kitchen utility scales. If purchasing a new or used scales and are unsure if the scale can be certified, get the make and model number and call Weights and Measures at 573-751-5639 before you buy it. Prepackaged sales occur when you weigh the product before sale and package the produce with a quantity statement on the package. Scales used for prepackaging product do not have to meet the Weights and Measures rules and regulations. However, the package must contain the name of the product, where it came from and a quantity statement (weight, measure or count). As long as the contents of the package weigh at least what is labeled, it is in compliance. Weight statement must be net weight (the weight of the product excluding the weight of the wrapping material or container). The only wording preceding or following the weight can be net weight or abbreviated net wt. You cannot say “approximate net weight”, “more than net-wt” or “at least net weight”. When selling by measure, a standard dry pint or dry quart container is actually measured by the cubic inches it contains, not the shape. An accurate measure would be when the container is filed and struck level across the top. When purchasing containers, be certain they meet the legal definition of pints, quarts, pecks, etc. For additional information or if you have further questions contact the Missouri Department of Agriculture, Division of Weights and Measures at (573) 751-5639.