Apply for a certified farmers' market permit

Certified Farmers' Markets (CFM) allow certified and non-certified agricultural producers to sell their agriculture products directly to consumers. A CFM may only be operated by one or more certified producers, by a nonprofit organization, or by a local government agency. Both the market and the certified producers must be certified by the State of California through the County Agricultural Commissioner. There are approximately 35 CFMs that operate in the County of Santa Clara and each market is permitted and inspected by the Department of Environmental Health (DEH).

To start a CFM, contact the County of Santa Clara Department of Agriculture to obtain the proper Certification. You must operate pursuant to the laws and regulations of the Food and Agricultural Code and all State and Local Laws and ordinances. Submit your Environmental Health permit application and applicable fees to DEH at least 2 weeks prior to the market start date. 

CalCode defines the CFM itself as a community event. It allows Temporary Food Facilities (TFF) to operate as a separate community event adjacent to and in conjunction with a CFM that is also operated as a community event. It requires a separate Coordinator permit to be obtained if there are two or more TFF operations.

Market Manager responsibilities

1. Permit Applications and Fees:
   1. For the CFM permit and CFM Coordinator permits:
      1. Submit a permit application and applicable permit fees at least 2 weeks prior to the start date. Include a site plan showing locations of producer booths, food booths, toilet facilities with adjacent handwash station, all waste disposal locations, etc.
2. Responsibilities
   1. Collect application packets and applicable fees from TFFs and submit them at least 2 weeks
      prior to their proposed market start date.
   2. Provide a list of any Mobile Food Vendors at your market, including their business name and Santa Clara County DEH permit number.
3. Ensure food vendors and certified producers have the required permits and/or certifications and follow all food safety requirements.
4. Provide greywater disposal systems and garbage receptacles on-site for TFFs and agricultural 
   producers.
5. Provide toilet facilities for food vendors and their employees within 200 feet travel distance of all Temporary Food 
   Facility and Certified Producer booths. A minimum of one toilet per 15 Temporary Food Facility food
   handlers is required.
6. Submit your application packet (applications, forms, site plan, list of Mobile Food Facilities, and payment) at least 2 weeks before your market start date to:
   
   Department of Environmental Health
   Attn: Certified Farmers’ Markets
   1555 Berger Drive, Suite 300
   San Jose, CA. 95112-2716

Certified producers

Certified producers may sell their certified agricultural products at CFMs with approval from the market manager. Individual certified producers are covered under the market manager’s CFM permit and are not required to obtain a separate permit from DEH. However, processed agricultural products sold by a certified producer may require a health permit from the local Environmental Health Department or California Department of Public Health for the commercial kitchen where the products are processed.

Temporary Food Facilities (TFF)

An annual TFF permit is required of any person or organization that sells or gives away food at CFMs. All TFF operators must submit a completed permit application, permit fee, and any other required documents to the Market Manager. The Market Manager must submit them to DEH at least 2 weeks before the start of operation. Each TFF permit is issued to a specific CFM location and is non-transferable to other markets or individuals. Permits are categorized by Risk Categories (RC).

TFF RC 1 includes

• Prepackaged, non-potentially hazardous foods (non-PHFs), or 
• Prepares only non-PHFs. Examples include prepackaged foods/beverages, kettle corn, candies.
• Reheating commercially manufactured ready to eat foods with no further processing. Examples include canned chili beans, hot dogs, nacho cheese

TFF RC 2 includes

• Food that is for same day service to customers (hamburgers, raw sausages, crepes etc.). 
• Food that is prepared/cooked onsite and served with hot or cold holding of potentially hazardous food (PHF) after preparation.
• Absolutely no cooling of potentially hazardous foods are allowed, either in advance or on site.
• All prepared food is to be discarded at end of day (includes hot foods, and any cold foods that have exceeded 41F). 
• The business owner of a brick and mortar food facility with a valid permit, prepares in advance of the event (potato salad, pot pies, and tamales) at their approved facility; the facility must have a valid permit and inspected by the local enforcement agency (you are the owner of that fixed facility); must provide a copy of their permit with the application

TFF RC3 includes

• Food that is prepared in advance of the event (potato salad, pot pies, and tamales) at an approved facility 
• Extensive menus with the handling and preparation of raw ingredients or complex preparation which includes cooking, cooling and/or reheating.
• Food that is prepared in advance of the event (potato salad, pot pies, and tamales) at an approved facility permitted and inspected by the local enforcement agency (you are not the owner of that fixed facility but renting kitchen space, or with the owner's permission)
• Food that is prepared for multi-day use.
• All prepared food is to be discarded at end of day (includes hot foods, and any cold foods that have exceeded 41F).

*Note: A processor of general food commodities (e.g. baked goods, noodles, processed fresh vegetables, seafood, snack foods, dietary supplements, etc.) must obtain a Processed Food Registration (PFR) from the state Food and Drug Branch. (Exception: cottage foods prepared under a valid Cottage Food Operator permit). The PFR is needed prior to obtaining a TFF permit from the DEH. For more information, visit the state website: Processed Food Registration

Permit fees

Selling food without the necessary permits may result in immediate closure of the food facility, issuance of a misdemeanor citation, possible fines and denial of future permits.

Description	Applications and fees received at least 2 weeks before start date.	Late submittals less than 2 weeks before start date.
CFM (for the certified producers)
1-20 Certified Producers	$949.00	$1,186.25
> 20 Certified Producers	$1,265.00	$1,581.25
CFM Coordinator Permit (for the food booths)
2-10 TFF’s	$224.00	$280.00
11-20 TFF’s	$330.00	$412.50
>20 TFF’S	$452.00	$565.25
Temporary Food Facility (TFF)
TFF RC1	$128.00	$160.00
TFF RC2	$265.00	$331.25
TFF RC3	$452.00	$565.00

Effective 6/15/2024

For more information or questions regarding CFMs contact:
Christy Kaufman, REHS - Senior Environmental Health Specialist
(Tuesdays through Fridays)
[email protected] or (408) 918-3478