Changes to food sampling requirements that impact you

What are the changes?

The first change provides clarification about the use of animal and poultry products in food sampling and cooking demonstrations. Raw animal, raw poultry and raw fish cannot be served as food samples. If cooked animal, poultry and fish products are offered as samples or used in cooking demonstrations, the preparation must be done on-site at the event. This change helps to minimize the risk of foodborne illness by promoting safe handling and temperature control of these foods. (Note: this does not pertain to cottage food producers as cottage foods cannot contain meat, poultry or fish as ingredients or as the final product.)

The second change impacts the handwashing station requirements. A handwashing station is no longer required by vendors only offer prepackaged food samples. Food samples should be packaged prior to the event, in a kitchen following safe food handling practices. The packaging needs to prevent bare-hand contact with the food sample. Examples of packaging would include closed bags, covered portion cups or wrapped foods. A handwashing station is always needed by vendors who are conducting cooking demonstrations or offering samples that are not packaged.

The third change adds a new requirement intended to help customers with food allergies make informed decisions about accepting a food sample. Legible signage or a placard that lists the food sample’s ingredients and major food allergens must be posted. This applies to foods offered through sampling or cooking demonstrations. The nine major food allergens are wheat, soy, milk, eggs, peanuts, tree nuts, fish, shellfish, and sesame. 

How can I comply with the law?

The Extension’s Food Safety Team has a webpage dedicated to safe food sampling for vendors. On this page, you will find a summary of the law, safe food practices, and resources to help you plan. Resources include a planning checklist developed by the Minnesota Farmers’ Market Association.

The safe food practices include:

• Recommendations for the layout of your stand to prevent contamination.
• Handwashing station design and use.
• Strategies to prevent bare-hand contact with food.
• Informing customers about food allergies.
• Preparing a thorough sanitation plan.

Use the information to prepare your food sampling plan so you can promote your business with confidence.