Frequently Asked Questions
1. Do I need a food permit from the state for my restaurant?
2. Can I sell my honey, maple syrup and/or sorghum in a retail store?
3. Who should I contact if I want to make artisan cheese and other dairy products?
4. What kind of permits does a manufacturer need to make jams, jellies, fruit butters, etc?
5. What kind of permits does a manufacturer need to make chutneys and pickles, etc?
6. What do I do if I want to make pet foods in Missouri?
7. Do I need a license to sell farm eggs?
8. What foods need to be date marked and why?
9. Can I sell fish that I caught to a local restaurant?
10. What version of the food code does the state use?
11. What are the requirements for a mobile food unit?
12. My inspector tells me I need an illness policy where do I find one?
13. I want to sell raw meat at a farmer's market. Are there any special requirements?
14. Why are there differences in what is allowed to be done in retail food establishments from one area of the state to another?
15. Can I sell wild mushrooms to the public?
16. Can wild game animals be served in retail food establishments?
17. What is the poultry exemption?
18. What is a "Special Process"?
19. Can I donate meat to a food pantry?
1. Do I need a food permit from the state for my restaurant?
No, the Department of Health and Senior Services does not issue permits. The Missouri Food Code does require an application and preopening inspection process be completed by new food establishments. This process is completed by the Local Public Health Agency in the area of the restaurant. Some local jurisdictions have their own food ordinances and the authority to adopt stricter regulations that may require operational permits. Contact the Local Public Health Agency in your area for more information about both processes. A directory of Local Public Health Agencies can be found online at: LPHA.
2. Can I sell my honey, maple syrup and/or sorghum in a retail store?
Yes, honey, maple syrup and/or sorghum processors may sell to retail stores when they are inspected and found to comply with the Good Manufacturing Practices (GMP) regulations. The DHSS Manufactured Food Program will inspect these processors. Missouri food processors are not issued permits but they must be able to prove compliance with all applicable regulations. This may include local zoning and business licensing regulations.
3. Who should I contact if I want to make artisan cheese and other dairy products?
The Missouri Department of Agriculture’s State Milk Board does dairy product inspections and approvals. Ice cream and frozen desserts are inspected under DHSS regulations. Frozen dessert licensing is also handled by DHSS. In addition cheese products like spreads are inspected by DHSS as a manufactured food.
4. What kind of permits does a manufacturer need to make jams, jellies, fruit butters, etc?
Food manufacturers in Missouri are not issued permits or licenses. However, if the person is making these products for retail sales there may be local permitting requirements. Check with your LPHA to determine these requirements. There is a brochure that discusses the production of jams, jellies, and honey on this website.
5. What kind of permits does a manufacturer need to make chutneys and pickles, etc?
Food manufacturers in Missouri are not issued permits or licenses. If the person is making a product for retail sales (direct to the consumer only) there may be local permitting requirements. Be aware that producing an acidified or low-acid shelf stable product in a retail establishment would be considered a special process that would require a HACCP plan and a special process review. Check with your LPHA to determine these requirements. For sales to other food operations the operator needs to be in compliance with the manufactured food requirements. Compliance may require becoming a scheduled processor with the FDA. Check the manufactured food web page for information on compliance.
6. What do I do if I want to make pet foods in Missouri?
Pet food production and sale is under the authority of the Missouri Department of Agriculture’s Bureau of Feed, Seed and Treated Timber. Contact them at (573) 751-4310.
7. Do I need a license to sell farm eggs?
Yes, and the Missouri Department of Agriculture issues licenses to people selling eggs in retail, wholesale or processor settings. For additional information contact the Device & Commodity Inspection Program at (573) 751-5639.
8. What foods need to be date marked and why?
The Missouri Food Code section 3-501.17 addresses the date marking requirements for ready to eat foods in retail food establishments. Only foods that are ready to eat must be dated, raw foods do not have to be dated. For a list of ready to eat foods that do not have to be dated, refer to 3-501.17. Refrigeration prevents food from becoming a hazard by slowing the growth of most microbes. The growth of some bacteria like Listeria monocytogenes is slowed but not stopped. Using the predicted growth of Listeria monocytogenes ready to eat foods may be kept at 41°F for a total of seven (7) days. If this brief explanation isn’t sufficient, contact your local health department.
9. Can I sell fish that I caught to a local restaurant?
Yes, but not without having a license and being inspected. Fisherman must have a commercial fishing license from the Missouri Department of Conservation (MDC) before they can sell fish to retail establishments, like a restaurant. Information about obtaining this type of license can be found at the MDC website. Additionally, local caught fish must be processed in an approved inspected facility. These approved facilities would be inspected under the DHSS Manufactured Food Program. The retail establishment buying and using the product is responsible for making sure their supplier has the necessary licenses and inspections.
10. What version of the food code does the state use?
The current Missouri Food Code is primarily based on the 2009 FDA model food code. Missouri has made some changes to the model food code to be more in line with other state regulations such as wastewater and drinking water treatment.
11. What are the requirements for a mobile food unit?
At a minimum a mobile food unit must be properly equipped to prepare and serve food safely. The unit must have a safe water supply, wastewater collection and disposal, cooking and cooling equipment and adequate food storage. Mobile unit owners must check with the local health department in each area they intend to operate their unit to assure they are in compliance.
12. My inspector tells me I need an illness policy where do I find one?
The food code, in 8-304.11, requires every operator to have an employee illness policy. It is the responsibility of the operator of a retail food establishment to train their employees on the transmission of diseases through food, the reporting of symptoms and illnesses, personal hygiene and proper attire for their operation. There are many sources of information on development of these policies. A commonly used example of this type of policy is provided by the FDA at their web site.
13. I want to sell raw meat at a farmer's market. Are there any special requirements?
To be sold at a farmer’s market beef, pork, chicken, and other meats must have each package of meat labeled with information that includes a mark of inspection from either the United States Department of Agriculture (USDA) or Missouri Department of Agriculture (MDA). Meat labeled “not for sale” may not be sold at a farmer’s market. Products must be maintained at proper temperatures. Vendors should check with their local health department for additional requirements.
14. Why are there differences in what is allowed to be done in retail food establishments from one area of the state to another?
The Missouri Food Code is the minimum standard for retail food establishments throughout the state but some Local Public Health Agencies have the authority to adopt stricter regulations. The stricter regulations can cause differences in what can be approved.
15. Can I sell wild mushrooms to the public?
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 of the mushrooms should be able to provide information on the wild mushroom expert that provided the inspection of the mushrooms.
16. Can wild game animals be served in retail food establishments?
Yes, current Missouri law, 252.244 RSMo, allows for the service of wild game animals at charitable functions when there is no charge. Hunters also may donate legally harvested deer through the Share the Harvest program, which is in turn provided to needy families, at food pantries.
17. What is the poultry exemption?
The poultry exemption is an allowance for the production, processing and sale. Small producers may qualify for an exemption from inspection by USDA or MDA. The most common exemption is the Producer/Grower - 1,000 Limit Exemption. Provisions of the Poultry Products Inspection Act apply to poultry growers who slaughter no more than 1,000 poultry in a calendar year for use as human food. A person may slaughter and process on his or her premises poultry that he or she raised and they may distribute such poultry without mandatory inspection when the following five criteria are met [PPIA Section 464(c)(4) "Section 15 (c)(4)"; Title 9 CFR §381.10(c)].
Criteria:
- The poultry grower slaughters no more that 1,000 healthy birds of his or her own raising in a calendar year for distribution as human food;
- The poultry grower does not engage in buying or selling poultry products other than those produced from poultry raised on his or her own farm;
- The slaughter and processing are conducted under sanitary standards, practices, and procedures that produce poultry products that are sound, clean, and fit for human food (not adulterated);
- The producer keeps records necessary for the effective enforcement of the Act [Title 9 CFR 381.175]; and
- The poultry products do not move in commerce.
18. What is a "Special Process"?
The Missouri Food Code defines a "Special Process" as a modification or waiver of one or more requirements of the Code authorized in written form, by the department, if in the opinion of the department, a health hazard or nuisance will not result. Sections 3-502.11 and 3-502.12 should be reviewed to determine what processes require this review and approval.
19. Can I donate meat to a food pantry?
Yes, meat donations can be made to a food pantry if the meat was processed in a USDA or MDA inspected facility and carries the mark of inspection by the appropriate agency. These donations are only allowed if the meat has not been adulterated or mislabeled. Meat that was processed in a facility designated as “custom-exempt†and labeled "not for retail sale" cannot be accepted by food pantries.