Safe food product sampling and demonstrations

The food product sample must be:

• A small portion of no more than 3 ounces of a food or beverage. 
• Provided to customers at no cost. 
• Ingredients and foods used in the samples and demonstrations are obtained from sources that comply with Minnesota food laws. Refer to the safe food sampling law fact sheet. 
• Signage that lists the food sample’s ingredients and major allergens is posted. 
• Food samples can be pre-packaged prior to the event. Those offering pre-package food samples that are completely sealed to prevent bare hand contact with the food are not required to have a handwashing station at the event. A handwashing station is always needed for cooking demonstrations. 

To minimize the risk of foodborne illness, the law includes specific food safety considerations, food handling practices and equipment standards that must be followed when providing food samples and conducting cooking demonstrations.

• Cold foods must be held at a safe temperature of 41 degrees Fahrenheit or below.
• Food is protected from contamination.
• Approved cooking equipment and utensils are used for preparation and service.
• Single-use disposable eating and drinking utensils are used by customers. 
• A safe water supply is used for handwashing, food preparation, and sanitation activities.
• Appropriate warewashing of utensils. 
• A sanitation procedure is utilized. 
• Waste is collected and disposed of properly.

Your stand must protect the food from contamination and adverse weather events. Food can be contaminated at any point during storage, preparation and service. Contamination can be biological from pathogens (illness-causing microorganisms), chemical from substances like cleaners and sanitizers, or physical from dirt or pests. 

To minimize the risk of biological contamination:

• Use a shield (such as plexiglass) as a barrier between food preparation or cooking stations and customers. Or position these stations away from customers to prevent accidental contamination from touching, sneezing or coughing. 
• Position waste receptacles away from food preparation and service areas. 
• Position your handwashing device in an easily accessible location. 

To minimize the risk of chemical contamination:

• Store food, utensils, equipment and other supplies separate from cleaners and sanitizers. 
• Store handwashing supplies away from food and chemicals. 
• Apply sunscreen or insect repellant away from the stand. 

To minimize the risk of physical contamination:

• Use a canopy, tent or other overhead protection that covers the entire stand. 
• Store food, utensils and other supplies at least six inches off the ground, and in covered containers. Containers should be waterproof, cleanable and safe for food contact.

If there are adverse weather conditions, stop food sampling and demonstrations.

The water used for handwashing, washing produce, food preparation and cooking, and sanitation activities must be potable. Potable water is safe for drinking. The source of potable water can be:

• A municipal (public) water supply.
• A private well that meets the annual testing requirements and well water standards. 
• Commercially bottled water.

To prevent contamination of the water during transportation and storage, use:

• Portable, food-grade containers that have been cleaned and sanitized prior to filling. 
• Food-grade hose with an appropriate backflow device or air gap to prevent backflow during filling and dispensing. If a food-grade hose is used, it must be flushed and sanitized before use. 

You will need a plan for collecting and disposing of both liquid and solid waste. Some municipalities require that food scraps, organics and compostable materials, and/or recyclables be collected separately from trash. Contact the farmers market manager or community event organizer for any local ordinances. 

Solid waste

Solid waste may be generated from food preparation, disposable towels from the handwashing station, and service to customers. To collect solid waste:

• Know how different materials must be collected (e.g., organics, recycling, trash). Label the waste receptacles accordingly. 
• Use waste receptacles that are lined. Position these away from food preparation and service areas. 
• Empty containers frequently to minimize pests. 
• Collect grease appropriately.
• Dispose of solid waste in approved collection systems. 

Liquid waste

Liquid waste may be generated from the handwashing device, food preparation and sanitation activities. To collect the liquid waste: 

• Collect liquid waste in sturdy, non-permeable containers. Label the containers “waste water.”
• Cover the collection containers during transport. 
• Dispose of liquid waste in an approved wastewater collection system. Wastewater cannot be poured on the ground; in creeks, rivers or lakes; down a street or storm drains. 

Handwashing is very effective in preventing the spread of pathogens that can cause foodborne illness. A handwashing device is required at your stand, except if all food samples are packaged prior to the event and there are no cooking demonstrations. For prepackaged samples, the packaging must prevent bare-hand contact with the food.

Stock your handwashing station with the following supplies:

• An adequate supply of warm, potable water stored in a closed container.
• Select a container that holds 5 to 10 gallons of water and has a free flowing spigot, such as a flip-up or turn-on/off style. These styles allow for the water to flow during the entire handwashing process. A push-button style spigot is not allowed because it requires the person to manually press the button during the entire handwashing process. This prevents the person from being able to scrub their hands together and can be a source of re-contamination. 
• An insulated container is best so that the water temperature can be maintained at 70 to 110 degrees Fahrenheit. Use a food thermometer to check the water temperature throughout the event. 
• Soap - liquid soap in a dispenser is a better option than bar soap. Bar soap can harbor pathogens between uses and be a source of contamination. 
• Nail brushes - clean and sanitize nail brushes after each use. Do not reuse dirty nail brushes as the bristles can harbor pathogens between uses and be a source of contamination. 
• Paper towels - drying your hands with single-use paper towels helps to remove additional pathogens after handwashing. The paper towels should be stored in an easily accessible spot at the handwashing station.
• Waste receptacle for the paper towels.
• Container to collect the liquid waste from handwashing. Empty the container as needed to prevent spills.

Handwashing station and device details:

• Refer to the instructions for building a low-cost handwashing station. Note: The water container referenced in these instructions is not insulated. Remember to use an insulated container to maintain a water temperature of 70 to 110 degrees Fahrenheit. 
• Position your handwashing station in an easily accessible location. Make sure that it is not too close to food storage and preparation areas to prevent contamination from any splashes. 
• The water must flow freely from the device either by gravity or under pressure. Keeping the water level at least 2 inches about the top of the spigot should ensure that there is adequate pressure for the water to flow freely. 
• If you run out of potable water or there is not enough water in the container for adequate flow, stop serving samples or cooking demonstrations until you have replaced the water. 

Ensure you and anyone working at your stand is healthy and follow these practices:

• If you or anyone working at your stand is ill with vomiting or diarrhea, wait at least 72 hours after symptoms have ended before returning to work. Work includes food handling activities. 
• Wear clean clothing and a clean apron. 
• Restrain hair to prevent loose pieces from contaminating food. Tie long hair back with a hair band. Wear a headscarf, cap or hair net when preparing and serving food. A beard net should be worn by those with facial hair during food preparation. 
• Limit jewelry to a plain, solid band ring. Pathogens can easily hide under rings, bracelets and watch bands. 
• Cover any cuts and wounds with a bandage. For cuts and wounds on hands, wear a single-use disposable glove over the bandage. Change the glove between tasks.
• Remove fingernail polish and artificial nails before food handling as pathogens can easily hide under artificial nails, and both can chip into food. If unable to remove artificial nails, wear single-use disposable gloves. Change the gloves between tasks.

While it is not required by law, it is good practice to keep a list of workers. Record hours worked and contact information in case there is a foodborne illness outbreak.

Serving safe food to your customers starts with safe ingredients. The foods and ingredients used can be a product of your own farm or garden, or obtained from other sources. 

Animal, poultry and fish requirements

• Raw animal, raw poultry and raw fish products cannot be served as samples. 
• When cooked animal, poultry and fish products are used in food samples and cooking demonstrations, the food must be prepared on-site at the event.
• Remember to have a handwashing station at your stand. 
• Cook foods to the safe minimum internal temperature. 

Washing produce

Wash all fruits, vegetables and herbs before cutting, preparing or serving (if left whole). You can wash produce before transporting to the event or on-site at your stand.

If washing before and transporting to the event:

• Allow the produce to fully dry before packing into containers for transport. This will prevent spoilage. 
• Containers must be food-grade.
• Cover containers with a lid or other protective barrier. 
• Containers must be cleaned and sanitized before use.

If washing produce on-site at your stand:

• Use potable water.
• Collect the wastewater in a container. Label the container “waste water”.
• Store washed produce in clean and sanitized food-grade containers. Cover the container to prevent contamination.

Review the washing fresh fruits and vegetables safely page for instructions.

Keeping foods out of the Temperature Danger Zone is important for food safety. The Temperature Danger Zone is the temperature range between 41 and 135 degrees Fahrenheit. If food is contaminated, pathogens can rapidly grow when the food is held in this temperature range. Store, prepare and serve foods the right temperature to reduce the risk of foodborne illness.

Storing cold foods

Transport and store cold foods in food-grade containers that have been cleaned and sanitized before use. Cover foods with lids, plastic film or other protective barriers to prevent contamination.

Foods and ingredients that require cold holding must maintain an internal temperature of 41 degrees Fahrenheit or below. To store cold foods, use the following strategies:

• Dry ice or cold packs in a cooler can be used to hold foods for up to 4 hours. Do not use loose ice or bags of ice.
• Foods that need to be held for 4 or more hours must be kept cold using mechanical refrigeration. 
• Place a thermometer in the cooler or refrigerator to monitor the ambient air temperature. If the air temperature goes above 41 degrees Fahrenheit, add more dry ice or cold packs, or move the food to a new cooler or refrigerator. Check the temperatures of all food items. Rapidly chill any foods with an internal temperature greater than 41 degrees Fahrenheit but not exceeding 70 degrees Fahrenheit so long as the food was not at this temperature for more than 4 hours. Discard any food that is above 70 degrees Fahrenheit.
• Tightly pack coolers to maintain temperatures. 
• Store foods and ingredients that will be used frequently in one cooler, and other foods in a separate cooler. The air temperature in a cooler that is opened less often will maintain a safe temperature longer than a cooler that is being frequently opened.
  Store raw animal, poultry and fish in a separate cooler from other foods. If using mechanical refrigeration, store these foods below produce and ready-to-eat foods. 
• Frozen foods can be stored in a cooler so long as they maintain their frozen solid form. Frozen foods must be thawed in mechanical refrigeration.  
• Cut produce must be stored at 41 degrees Fahrenheit or below. 

Preparing foods

When preparing foods, use a food thermometer to check the final internal temperature. Raw meat, poultry, fish and eggs have different safe minimum internal cooking temperatures. These minimum cooking temperatures have been shown to reduce the risk of foodborne illness by effectively inactivating pathogens. Learn more about how to use a food thermometer and the minimum internal cooking temperatures.

Serving foods

When serving food samples, keep food out of the Temperature Danger Zone. Keep cold foods below 41 degrees Fahrenheit and hold hot foods above 135 degrees Fahrenheit. 

Beverages

Beverages can be held on ice so long as the water can drain as the ice melts. The beverages must be in non-permeable containers, this means the melted ice water cannot seep into the container. Place beverages in a perforated tray or container and pack with ice cubes. Place the perforated tray or container in a solid tray to collect the meltwater. Empty the tray as needed into your waste water container. 

Cold foods

Hold cold foods for service in coolers or mechanical refrigeration as desired above. 

Hot foods

Hold hot foods for service by using the following equipment options:

• Chafing dishes with a heat source. 
• Countertop electric food warmers.
• Hot plates or electric skillets. 
• Grills or other cooking surfaces.

Check the internal temperature of the food periodically to ensure it is maintained at 135 degrees Fahrenheit or above. Keep foods covered when not in use to minimize heat loss. Stir foods to distribute the heat through the pan. Do not mix a fresh batch of food with existing food that is being held.

Household slow cookers are not allowed for cooking or holding foods because of the device temperature fluctuations.

Time as a public health control 

Hot and cold food samples can be held without temperature control so long as the amount of time is limited. If you use time as a public health control, you must have written procedures as part of your plan.  

How to hold hot foods without temperature control:

1. The food must have a starting internal temperature of 135 degrees Fahrenheit or greater. 
2. Document the food temperature and the time taken on a food log. 
3. The food can be held for up to 4 hours. 
4. At 4 hours, the food must be discarded. Do not reheat or cool the food for future use.

How to hold cold foods without temperature control:

1. The food must have a starting internal temperature of 41 degrees Fahrenheit or less. 
2. Document the food temperature and the time taken on a food log.
3. Monitor the internal temperature of the food periodically. A best practice would be to check the temperature every 60 minutes.
4. The food can be held for up to 6 hours so long as the internal temperature does not exceed 70 degrees Fahrenheit. If the temperature exceeds 70 degrees Fahrenheit, the food must be discarded. 
5. At 6 hours, check the temperature of the food. If the internal temperature is below 70 degrees Fahrenheit that food can be cooked and served. The food cannot be cooled and saved for future use.

Ready-to-eat foods are foods that require no additional preparation or cooking before eating. Examples of ready-to-eat foods include raw fruits and vegetables, baked goods, and cooked animal and plant-based foods that are served either hot or cold. Because these foods will not receive any or additional heat treatment, they can not be handled with bare hands.

To prevent bare-hand contact with ready-to-eat foods, use the following strategies: 

• Wear single-use disposable gloves after proper handwashing.
• Use tongs, flippers and other serving utensils to prepare and portion foods. 
• Package food samples prior to the event. 

Single-use disposable gloves

Single-use disposable gloves are frequently used to prevent bare-hand contact with food because they allow for easy handling of the food and ingredients. Proper handwashing can remove up to 92% of illness-causing microorganisms from hands. Wearing single-use disposable gloves provides an additional layer of protection when handling food. However, if used incorrectly, single-use disposable gloves can be a source of cross-contamination (the spread of illness-causing microorganisms from one source to a food) and cross-contact (the transfer of an allergen from one food to an allergy-free food).

For more information on the types of single-use disposable gloves and their use, review the wearing single-use disposable gloves safely webpage. 

When providing food samples or conducting food demonstrations, you are required to post a legible sign or placard that lists the final product’s ingredients and any major food allergens. By communicating this information to your customers, you are helping them make informed decisions about whether your product is safe for them to eat.

There are nine major food allergens that are responsible for the majority of allergic responses. These are: milk, egg, peanut, soy, wheat, tree nut, shellfish, fish, and sesame. Learn more about food allergies and safely serving customers.

Plan how you will conduct sanitation activities including washing utensils, food preparation equipment and surfaces, and serving utensils. Using the right chemical for the task is essential for removing and inactivating pathogens that can cause foodborne illness. Watch this recorded webinar about cleaning and sanitizing best practices and selecting the right chemicals to help you prepare your sanitation plan. 

Ware washing

Think through your equipment needs: all utensils, tools, surfaces and appliances needed to transport, serve, hold and store, prepare, package or offer food samples. Equipment must be clean, in good repair, smooth and cleanable (no chips or cracks), made of food-grade materials and nonabsorbent.

Microorganisms can transfer to food from dirty equipment and utensils. Bring extra supplies in case of contamination or if you drop them on the ground.

Two options for cleaning utensils 

Option 1: Bring enough clean utensils and equipment for preparation and serving so you never reuse a ‘dirty’ item during that day’s sampling event.
Option 2: Wash utensils and equipment at the market for reuse during your sampling or food demonstration event.

Supplies:

• Three containers, buckets, bins or tubs (need to be food-grade which means designed to hold food or items that touch food). Containers need to be large enough so the largest item you wash is fully immersed in the container.
• Potable water.
• Dish soap or detergent.
• An approved sanitizer solution. 
• Drying rack.

Set up: 

1. Fill the first container with water and dish soap or detergent. Label this container “wash.” Refill this container when there are no longer any suds in the water. 
2. Fill the second container with plain water. Label this container “rinse.” Refill this container when the water is no longer clear. 
3. Fill the third container with the approved sanitizer solution at a concentration safe for food contact surfaces. Label this container “sanitize.” Refill this container at least every four hours or more frequently if heavily used and the concentration changes. 
4. Set up an area for the dry rack so utensils can air-dry.

Process:

1. Scrape as much food debris from the utensils as possible. Scrub the utensils in the “wash” container.
2. Rinse the utensils in the “rinse” container to remove all soap. 
3. Soak the utensils in the sanitizer solution for the appropriate amount of time. The time is dependent on the type of sanitizer used. 
4. Let the utensils air-dry on the drying rack. Do not manually dry with a towel as this can cause re-contamination. 

Equipment and food contact surfaces

Using a thorough sanitation routine for equipment and food contact surfaces is one way to prevent cross-contamination and cross-contact. An effective sanitation routine has five steps: dry cleaning; wet cleaning; rinsing; sanitizing; and drying. Each step has an impact on the next step and should not be skipped. Review the sanitizing equipment and food contact surfaces webpage to learn more about each step.

2021 Minnesota Statutes. MN Statute 28A.15128A.151 Farmers' market or community event; food product sampling and demonstration.

Minnesota Administrative Rules. 4626.1855 Special Event Food Stands.

Guidelines for Safe Handling of Drinking Water at Golf Courses, Minnesota Department of Health, December 2010.