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Direct Marketing of Fruit and Processed Fruit Products by Growers and Food Processors at Farmers Markets Within the State of South Dakota (Intrastate)

Updated August 28, 2019
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Curtis Braun

SDSU Extension Food Safety Field Specialist

Written collaboratively by Curtis Braun and Joan Hegerfeld-Baker (former SDSU Extension Food Safety Specialist). Reviewed by John Osburn (Health Facilities Surveyor, South Dakota Department of Health – Office of Health Protection).

Growers and food processors that market fruits at the farmers market often have questions regarding the regulations for selling fruit products. The regulations are in place to address the food safety risks associated with different fruit products and the manner in which they are marketed.

Refer to the scenarios below that are reflective of regulations related to direct marketing fruits and fruit products at the farmers market.

Definitions that are helpful in understanding the scenarios:

  • Grower (or producers) is the person raising and harvesting the fruit.
  • Processor is the person that is changing the fruit from its original state from when it is harvested. The grower and processor may be the same person.
  • Consumer is the person that is eating and preparing the fruit or fruit product for their family.

Scenario #1

Two black arrows stacked on top of one another and pointing downward. The top arrow has the text "Grower Raises Fruit" above it. The bottom arrow has the text "Grower Freezes Fruit" above it and a red cross over the arrow.

Grower sells frozen fruit directly to consumer. Process needs to be conducted in a licensed kitchen. The process of slicing, and preparing fruit carries a high risk for contamination of food. Freezing does not destroy pathogens that commonly transfer from hands to fruit (i.e. Staphylococus, Norovirus, Hepatitis A Virus and other microorganisms that can make people very sick).

Scenario #2

Two black arrows stacked on top of one another and pointing downward. The top arrow has the text "Grower Raises Fruit" above it. The bottom arrow has the text "Grower Freezes Fruit" above it and a red cross over the arrow.

Grower sells to food processor to make jams, jellies, syrups and juice. Not a direct sale to consumer – does not qualify for as home processed food that can be sold at farmers markets and similar venues.

Scenario #3

Two black arrows stacked on top of one another and pointing downward. The top arrow has the text "Grower Raises Fruit" above it. The bottom arrow has the text "Grower Extracs Fruit" above it and a red cross over the arrow.

Grower sells fresh juice. This is a product that must be temperature controlled for safety. Fresh juice must be processed and marketed through a licensed (inspected) kitchen.

Scenario #4

Two black arrows stacked on top of one another and pointing downward. The top arrow has the text "Grower Raises Fruit" above it. The bottom arrow has the text "Grower Extracts & Freezes Juice" above it and a red cross over the arrow.

Grower sells frozen juice directly to consumer. The process of extracting and freezing juice must be temperature controlled during the entire process of extraction and preparation for freezing. Therefore this process must be conducted in a licensed (inspected) kitchen.

Scenario #5

Two black arrows stacked on top of one another and pointing downward. The top arrow has the text "Grower Raises Fruit" above it. The bottom arrow has the text "Grower Extracts Juice" above it.

Grower conducts a thermal process of juice that is shelf-stable in a hermetically sealed container and sold at the farmers market.

Thermal (heat) processed juices that are shelf stable and sold at the farmers market must be approved through a processing authority that has credentials that include extensive training, knowledge and experience with thermal processing systems, containers, and juice products. Contact the SDSU Extension Food Safety Specialist.

Scenario #6

Two black arrows stacked on top of one another and pointing downward. The top arrow has the text "Grower Raises Fruit" above it. The bottom arrow has the text "Processor Purchases Fruit from Grower" above it.

Processor makes jams or jellies or syrup.

  • Process must be approved by an acid food processor in South Dakota.
  • If processed in a home, unlicensed, kitchen the product can be sold at farmers markets and similar venues.

Scenario #7

Two black arrows stacked on top of one another and pointing downward. The top arrow has the text "Processor Purchases Fruit from Grower" above it. The bottom arrow has the text "Processor Extract Juice from Fruit" above it.

Processor thermally processes juices in a hermetically shelf-stable container for resale.

Thermal (heat) processed juices that are shelf stable and sold at the farmers market must be approved through a processing authority that has credentials that include extensive training, knowledge and experience with thermal processing systems, containers, and juice products. Contact the SDSU Extension Food Safety Specialist.