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Food Safety Center: Food Businesses
Providing Safe Locally-Grown Produce to Commercial Food Establishments and the General Public

Can commercial food operators* buy produce directly from the grower?

Yes, if the person is selling produce that they have grown on their own land. A license would not be required, as indicated by:

*Typical commercial food operators (retail) include restaurants, caterers, school foodservice, institutions, daycares, grocery stores, food markets, cooperatives, bakeries, convenience stores, temporary food stands, etc.

If a grower is selling produce to commercial food establishments, is the grower considered an approved source?

Yes, this is considered an approved source if the food is not processed and is grown on the farm or garden occupied and cultivated by them as long as the food has not been prepared or stored in the private home.

Would a grower be required to have a license for foods that are processed?

Yes, a license would be required if foods are processed, such as cutting, heating, canning, freezing, drying, mixing, coating, bottling, etc., or if foods are purchased for resale. Processing would not include sorting, trimming as part of the harvesting process, or preliminary washing to remove extraneous soil and debris.

In addition, if a person buys produce from another grower for resale, that person may need to be licensed as a Minnesota Wholesale Produce Dealer. Further questions on this should be directed to the Minnesota Department of Agriculture.

If a grower does not need a license, does that mean they do not have to comply with good agricultural and management practices?

No, even though a grower may not be required to have a food handler’s license, they are still bound by various federal and state laws. For example, the Environmental Protection agency (EPA) has chemical restriction requirements, such as what can be used, amounts, and how and when it can be applied. Additionally, state agencies regulate fertilizer and pesticide use, irrigation waters, application of manure or sludge, etc.

The Minnesota Department of Agriculture’s Dairy and Food Inspection Division’s Food Inspection staff periodically spot check growers at roadside stands, “u-pick” farms, and farmers markets by collecting food samples for laboratory analyses for residues and other possible contaminants.

How can a buyer or user become more knowledgeable about produce?

  • Identify the source of the product (ask for an invoice, etc. that identifies the supplier or grower’s name and address). Good record keeping is particularly important in case of a trace back of a product due to illness or injury.
  • Visit the farm or ask for more information on production practices (if applicable).
  • Look at the transportation vehicle for chemicals, cleanliness, odors, and obvious debris.
  • Look at pallets, packages and boxed stored foods for cross-contamination.
  • Inspect the produce for signs of insects, disease, bruising and damage, freshness, over-ripeness, and immaturity.
  • Examine packages of food products to make sure that they are intact and not leaking, and for signs of contamination by rodents, insects or birds.
  • Check proper transport temperatures for potentially hazardous foods.
  • Wash produce before using it to remove soil and surface contamination.
  • If the produce is advertised as “organic”, ask for documentation that references the USDA Certifying Agent.

Food Safety Resources

Below is a list of websites that contain further information about produce and variety of other food safety topics.

National Food Safety Programs Attention: Non-MDH link (a lot of information on produce)

Cornell University’s Good Agricultural Practices Project Attention: Non-MDH link (EXCELLENT food safety information – grower’s guide, farm checklist, PowerPoint presentations, etc.)

Center of Disease Control’s (CDC) Food Safety Office Attention: Non-MDH link (information on foodborne diseases)

USDA’s National Organic Food Program Attention: Non-MDH link (organic food law, certifying agents, and more)

Minnesota Food Code (regulations for retailers)

Minnesota State Laws (statutes)

Minnesota Food Code Fact Sheets (food safety fact sheets on the Minnesota Food Code, including information on approved sources and receiving safe food)

Minnesota Department of Agriculture Attention: Non-MDH link

For questions or more information, please contact your local health department or:

Minnesota Department of Agriculture
Dairy and Food Inspection Division
625 North Robert Street
St. Paul, Minnesota 55155
651-201-6027

Minnesota Department of Health
Division of Environmental Health
Section of Environmental Health Services
P.O. Box 64975, St. Paul, MN 55164
651-201-4500


For questions about this page, please contact the Food, Beverage and Lodging Program at health.foodlodging@state.mn.us or 651-201-4500.

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Updated Wednesday, 30-Sep-2009 08:12:27 CDT