50-50-121. Requirements for farmer’s markets. (1) (a) A person selling food that is not potentially hazardous, including food listed in subsection (2), at a farmer’s market is not a retail food establishment.

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(b)A person selling food that is not potentially hazardous or otherwise listed in subsection (2) if selling only at a farmer’s market is not required to register as a cottage food operation.

(2)Foods that are not potentially hazardous or are otherwise eligible to be sold at a farmer’s market include:

(a)whole shell eggs if the whole shell eggs are clean, free of cracks, and stored in clean cartons at a temperature established by the department by rule;

(b)hot coffee or hot tea if the person selling the hot coffee or hot tea does not provide or include fresh milk or cream;

(c)raw agricultural commodities;

(d)food identified by the department by rule as not being a potentially hazardous food; and

(e)homemade food or a homemade food product pursuant to Title 50, chapter 49.

(3)A farmer’s market authorized by a municipal or county authority shall keep registration records of all persons and organizations that serve or sell food exempt from licensure at the market, including food that does not meet the definition of potentially hazardous food.

(4)The registration records must include the name, address, and telephone number of the seller or server as well as the types of products sold or served and the date on which the products were sold or served.

(5)A farmer’s market under this section shall make registration records available upon request to the local health authority.

(6)Except for homemade food or a homemade food product pursuant to Title 50, chapter 49, food sold in a farmer’s market must, if sold in a container, have a label similar to a label required of a cottage food product under 50-50-116.