[Adopted 10-19-2017,
effective 1-1-2018]
A.
It is the responsibility of the Board of Health to protect the public
from foodborne illness through the promotion of sound public health
principles including proper food sanitation practices and adequate
storage and proper display of food.
B.
The Board of Health, in reviewing the operations of a farmers' market,
is aware that farmers' markets may expand into retail food operations
offering processed foods. The presence of these vendors creates a
shift in the focus of the market from a traditional farmers' market
into more of a retail market. These vendors may retail foods prepared
at food service establishments, food processors, residential kitchens
and/or mobile food vendors. It is the opinion of the Board of Health
that all vendors serving food items other than whole farm products
must meet the requirements of the State and Federal Food Code including
licensure.
The Town of Orleans Board of Health, pursuant to Chapter 111,
Section 31, adopts these regulations as reasonable health regulations
designed to protect and improve the public health of its residents,
visitors, and persons employed within the Town of Orleans.
As used in this article, the following terms shall have the
meanings indicated:
A public market, consisting of two or more vendors, for the
primary purpose of connecting and mutually benefiting local farmers,
communities and shoppers while promoting and selling whole farm products
grown and raised by participating farmers. A farmers' market may also
include "value added products" and other pre-prepared products as
permitted by the Board of Health.
A permit issued to a vendor, who is presented to the Board
of Health by the farmers' market responsible person, who prepares,
portions or offers for sample any food at the open market. A farmers'
market limited food service permit is restricted to limited food preparation
at a farmers' market that is registered with the Board of Health.
A permit issued to a vendor, who is presented to the Board
of Health by the farmers' market responsible person, who sells (value
added) pre-packaged food product at the open market.
Food and Drug Administration 1999 Food Code.
An individual or committee who is responsible for the overall
market management.
A self-contained food service operation located in a vehicle
or push cart, self or otherwise propelled. Used to store, prepare,
display or serve food. A mobile food establishment must meet the criteria
set forth in 105 CMR 590.000.
Individual responsible for overseeing the on-site food handling
practices.
For the purpose of this regulation the State Food Code refers
to 105 CMR 590.000 State Sanitary Code Chapter X — Minimum Sanitation
Standards for Food Establishments.
A whole farm product that has undergone a change in physical
state or was produced in a manner that enhances its value or expands
the customer base of the product.
Whole farm products include:
A.
Registration:
1.
All farmers' markets, as defined above, in Orleans must register
with the Board of Health.
B.
Designation of a Responsible Person:
1.
The farmers' market must designate a Market Manager and a responsible
person who will be responsible for:
a.
Market manager:
i.
The overall market management.
ii.
Meeting with the Board of Health on an annual basis prior to
the opening of the farmers' market.
iii.
Presenting potential vendors, or new products from existing
vendors, to the Board of Health for review and approval.
iv.
Maintaining a master list of all proposed vendors and develops
a "plan" of the market, showing the location of food vendors and hand
washing stations in appropriate locations.
2.
The same individual can serve as both the Market Manager and the
responsible person.
C.
Annual Review by the Board of Health:
1.
All farmers' markets must designate a responsible person to meet
with the Board of Health prior to the start of each market season
to review the operations of the market. This review must include the
location, dates and time of the operation, vendors and their associated
food products proposed to the public.
2.
All farmers' markets must be reviewed and approved by the Board of
Health for the following purposes:
a.
To review the products to ascertain if they meet the definition of
whole farmed food products as defined in this regulation.
b.
To assess compliance with the State and Federal Food Codes including:
d.
To review any request for variances to this regulation and the State
and Federal Food Codes.
e.
To review and approve all required food service licenses needed for
participation at the farmers' market.
3.
The Board of Health must develop annual conditions for farmers' market
food vendors.
4.
The Board must evaluate non-food items to determine if they create
a conflict with the safe storage, display and sale of food products.
D.
Food Storage:
1.
All food product must be stored a minimum of 6" off the ground.
2.
Potentially hazardous food shall be:
a.
At 140° F or above at all times through the product's transportation
to the market and its storage, display and service at the market;
or
b.
At 41° F or less at all times through the product's transportation
to the market and its storage, display and service at the market.
c.
If a product is transported at 41° F to the market and then warmed,
it must be heated/cooked to 165° F and maintained at 140°
F at all times through the product's display and service at the market.
3.
A properly calibrated stem-type thermometer must be kept on hand
to check food temperatures to ensure proper temperatures. All potentially
hazardous food product must be monitored and logged hourly for proper
holding temperatures and written logs must be available for inspection.
These logs must be maintained by the vendor for a minimum of 30 days.
4.
All food product must be stored in a safe and sanitary manner including
but not limited to protection from insects, animals and dust.
The following registrations/permits are required prior to the
operation of a farmers' market in Orleans. All permits shall be granted
to a specific applicant for a specific farmers' market and are subject
to fees and conditions as established by the Board of Health. Permits
shall be issued annually and shall expire on December 31st of the
issuing year.
a.
Farmers' Market Registration. All farmers' markets shall
register with the Board of Health on a form furnished by the Board
of Health. This registration allows a farmers' market to offer for
sale whole farm food products as defined in these regulations. The
registration is specific to the applicant for the terms set forth
in the application.
b.
Farmers' Market Retail Food Permit. All vendors participating
at a farmers' market who sell (value added) pre-packaged food product
at the farmers' market are required to obtain a farmers' market retail
food permit at a fee as set by the Board of Health. This permit is
conditioned upon the following:
(1)
All products to be retailed must be approved by the Board of
Health.
(2)
The permit is valid only for the farmers' market that it is
approved for.
(3)
All food items must be prepared and packaged in a licensed food
establishment.
(4)
All vendors must operate from a licensed base of operations.
(5)
The vendor must meet all of the requirements of the State and
Federal Food Code unless a variance is granted by the Board of Health.
c.
Farmers' Market Limited Food Service Permit. All vendors
participating at a farmers' market who prepare, portion or offer for
sample any food at the farmers' market. This permit is limited to:
(1)
A farmers' market limited food service operation shall comply
with all applicable requirements of the Federal Food Code, except
as otherwise provided in 105 CMR 590.009(C). The Board of Health may
impose additional requirements to protect against health hazards related
to the conduct of the farmers' market limited food service operation,
may prohibit the sale of some or all potentially hazardous foods,
and when no health hazard will result, may waive or modify requirements
of 105 CMR 590.000 pursuant to the provisions of 105 CMR 590.010(H).
(2)
Whenever a farmers' market limited food service establishment
is permitted to prepare exposed foods without complying with all the
requirements of 105 CMR 590.000, the following requirements are applicable.
Only those foods requiring limited preparation, such as hamburgers
and frankfurters that only require seasoning and cooking, shall be
prepared or served. The preparation of other potentially hazardous
foods including pastries filled with cream or synthetic cream, custards,
and similar products and salads or sandwiches containing meat, poultry,
eggs or fish is prohibited. This prohibition does not apply to the
service of any potentially hazardous food that has been prepared and
packaged under conditions meeting the requirements of 105 CMR 590.000,
is packaged in individual servings, is stored at or below 45°
F (7° C)/41° F (5° C) or at or above 140° F (60°
C) in facilities meeting the Federal Food Code requirements for storage,
display and transportation and is served directly in the unopened
container in which it was packaged.
(3)
Farmers' market limited food service establishment operators
shall comply with the mandatory food protection management certification
requirement in accordance with 105 CMR 590.003.
(4)
A convenient handwashing facility must be available for employee
handwashing whenever handling unpackaged foods. This facility shall
consist of at least sufficient warm running water, soap and individual
paper towels. The Board of Health may approve the use of chemically
treated towelettes in lieu of handwashing facilities if:
(5)
All farmers' market limited food service establishments shall
provide only single-service articles for use by the consumer.
(6)
All sewage, including liquid waste, shall be disposed of according
to law.
(7)
All products to be served must be approved by the Board of Health.
(8)
The permit is valid only for the farmers' market that it is
approved for.
(9)
All vendors must operate from a licensed base of operations.
(10)
The vendor must meet all of the requirements of the State and
Federal Food Code unless a variance is granted by the Board of Health.
(11)
All vendors must have a designated Certified Food Protection
Manager/Person in Charge, as defined by the State and Federal Food
Codes, on site during the farmers' market.
(12)
All potentially hazardous food must:
(a)
Be maintained at a temperature either > 140° F or < 41° F
(b)
An hourly temperature log must be maintained during the products'
transportation, display and service. This temperature log must be
maintained by the vendor for a minimum of 30 days.
(c)
There can be no bare hand contact with ready to eat food products.
(13)
The holder of a farmers' market limited food service permit
will be permitted to sell pre-packaged products (value added products),
in compliance with this Code, without the need of a separate farmers'
market retail food permit.
d.
Food Demonstrations. If no food samples are going to
be provided to the public, a farmers' market authorized vendor may,
with Board of Health approval, conduct a food preparation demonstration
at the farmers' market. A vendor may offer samples to the public,
only after the vendor has provided the Board of Health in writing,
the proposed sampling process designated to allow the public to safely
sample their product, using single serve methods. The sampling protocol
must be approved by the Board of Health and a farmers' market limited
food service permit must be obtained.
e.
Sale of Beer and Wine: The sale of wine or other alcoholic
beverages is subject to the approval of the Orleans Board of Selectmen,
the Massachusetts Department of Agricultural Resources, and the Alcoholic
Beverage Control Commission.
f.
Shellfish, Finfish, and Crustaceans. Vendors selling
shellfish must have shellfish tags available on site and maintained
for a minimum of 90 days, must have copies of all proper permits including
a DMF Retail Seafood Dealer Permit and must obtain a farmers' market
limited food service permit.
1.
The sale of certain food items if in the Board's opinion cannot be
prepared, transported, displayed and sold in a manner that meets regulatory
standards and/or maintains product quality is prohibited.
2.
The sale of live animals, other than lobsters and shellfish (as noted
above) is prohibited at farmers' markets.
3.
The sale of any smoking blend, nicotine delivery device, or any smoking
product is prohibited at the farmers' market.
4.
Raw (unpasteurized) milk is not allowed for sale at farmers' markets
in accordance with 105 CMR 590.000.
5.
Potentially hazardous foods cannot be prepared in a residential kitchen
and must be prepared in a licensed commercial kitchen.
6.
Any item, which by its presence at the farmers' market creates a
conflict with the safe storage, display and sale of food products
is prohibited.
All permits and registrations as required by these regulations
are subject to fees as established by the Board of Health.
1.
The Board of Health may vary the application of any provision of
this regulation with respect to any particular case when, in its opinion,
the enforcement thereof would do manifest injustice and provided that
the decision of the Board of Health shall not compromise the protection
to the public by forfeiting sound public health principles including,
but not limited to, proper food sanitation practices and adequate
storage and display of food.
2.
Every request for a variance shall be made in writing and shall state
the specific variance requested and the reasons therefor. Any variance
granted by the Board of Health shall be in writing. Any denial of
a variance shall also be in writing and shall state the reasons for
the denial. A copy of any variance granted shall be available to the
public at all reasonable hours in the office of the Town Clerk or
the Board of Health, while it is in effect.
3.
Any variance or other modification, authorized to be made by these
regulations, may be subject to such qualification, revocation, suspension
or expiration, as the Board of Health expresses in its grant. A variance
or modification, authorized to be made by these regulations, may otherwise
be revoked, modified or suspended, in whole or in part, only after
the holder thereof has been notified, in writing.
1.
The Board of Health shall enforce the provisions of the State and
Federal Food Codes for all matters regarding suspension and/or revocation
of any permit authorized by this regulation.
