Frequently Asked Questions

Is it legal for me to buy wild mushrooms at a farmer’s market?

Yes, provided the mushrooms have been obtained from sources where each mushroom has been inspected and found to be an edible variety by an approved wild mushroom expert. The vendor should be able to provide paperwork documenting the inspection of their mushrooms.

Is there a Cottage Food Rule for Missouri?

The majority of the foods that can be produced in a home setting are covered within the food code, by a section of the definition of what a food establishment ‘is’ or ‘is not’. The section below provides the requirements to qualify for the exception to the definition of a food establishment that allows for production of foods in a home setting.

(h) Where local codes allow, individual stands in which only foods meeting the following conditions are sold, sampled or served:

(i) Non-potentially hazardous processed food, except low acid canned and acidified foods as specified in 21 CFR 113 and 114 respectively, including, but not limited to breads, cookies, fruit pies, jams, jellies, preserves, fruit butters, honey, sorghum, cracked nuts, packaged spices and spice mixes, dry cookie, cake, bread and soup mixes;

(ii) The seller is the individual actually producing the food or an immediate family member residing in the producer’s household with extensive knowledge about the food;

(iii) The seller only sells, samples or serves the food directly to the end consumer;

(iv) All processed packaged foods bear a label stating the name and address of the manufacturer/processor preparing the food, common name of the food, name of all the ingredients in the food in order of predominance, the net weight of the food in English or metric units and a statement that the product is prepared in a kitchen that is not subject to inspection by the department. It is recommended that honey manufacturers/processors include this additional statement to their product label: “Honey is not recommended for infants less than twelve (12) months of age”; and

(v) The consumer is informed by a clearly visible placard at the sales or service location that the food is prepared in a kitchen that is not subject to inspection by the department if the foods specified in Part 3. H. (I) of this definition, are sold, sampled or served in unpackaged, individual portions. The department shall have the final authority in determining whether a food is non-potentially hazardous and may enjoin individuals who violate the provisions of this subparagraph from selling, sampling or serving these foods.

How do I make a complaint about a problem at a food establishment or report getting a food-borne illness from a food establishment?

Complaints can be made either through the local health department or DHSS. Investigations are conducted by the health department in the jurisdiction where the establishment is located, since they are the regulatory authority and they inspect these facilities on a routine basis.

How do I get certified in Missouri to be a food handler?

There currently is no statewide food handler certification. However, some of the local health agencies (city or county) do require food handler certification; therefore, requirements for specific areas will need to be checked on by contacting the agency conducting inspections of the food establishment. The Missouri Restaurant Association at (314) 576-2777 can provide assistance with obtaining classes for certification.

How do I get a copy of the Food Code?

Copies of the food code are not provided to the public since it is available on the department’s web page

My local grocery store is selling outdated food items. Is that allowed?

Yes, provided the food items are in sound condition and are not adulterated. Dates on packages of food (including meat) are not enforceable under the law. The manufacturers put them on the package as a guide for consumers and retailers for quality purposes. The health department cannot enforce these dates as expiration dates related to food safety which require products to be removed from sale.

How do I ensure safe food temperatures during a power outage?

In situations where there is a power outage refrigerated and frozen foods are at risk for temperature abuse which could lead to foodborne illnesses. There are a number of organizations that have issued guidance on this subject; this link is the guidance from the FDA.

Can I sell homemade soaps and lotions/balms at a farmer’s market?

Yes, the sale of homemade soaps and lotions are possible under Missouri statute. Chapter 196.015 of Missouri Revised Statutes prohibits the sale of any homemade cosmetics that are adulterated or misbranded. The items must appear safe and sanitary. As long as the soaps and lotion/balms are not being sold by making health claims as cures or treatments they can be sold at farmer’s markets. The FDA has provided guidance for small businesses and homemade cosmetics makers in a fact sheet. More information on soaps can be found on an FDA frequently ask question (FAQ) page on their web site.

I want to open a food establishment, how do I get started?

If you are interested in starting a food-related business, information can be found on the "Food Safety for Industry" page(s) on this website.

Are fresh water fish caught in Missouri’s lakes, rivers and streams, safe to eat?

Information about fish harvested from Missouri’s waterways can be found in the fish advisory.

Our civic organization wants to host a wild game dinner, is this possible?

Yes, state law allows various non-profit organizations to prepare or serve wild game provided there is no charge. The section of the law that applies can be found at 252.244.

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