(a) Sales Restriction. Except for food or beverages permitted by the Commissioner to be sold at a farmers market pursuant to Section 4-12-090, no grower or producer shall offer for sale or sell any edible or nonedible article or product within the meaning of items (1) and (2) of the definition of a "grower or producer" unless such article or product has been raised, made or prepared by the grower or producer or by members of his family or by persons in his employ.
(b) Cottage Food Operations – Restriction. No grower or producer who conducts a cottage food operation shall offer for sale or sell any food or beverage at a farmers market in violation of Section 4 of the Food Handling Regulation and Enforcement Act.
(c) Affidavit – Required. Growers and producers shall submit to the Department, as part of the permit application, an affidavit certifying, as applicable, that: (1) any edible or nonedible article or product, within the meaning of items (1) and (2) of the definition of a "grower or producer", offered for sale or sold at the applicable farmers market will be raised, made or prepared by the grower or producer or by members of his family or by persons in his employ; and (2) in the case of food or beverages offered for sale or sold at a farmers market pursuant to a cottage food operation, any such food or beverages will be produced, packaged and made available for direct sale by the owner, a family member or employee in conformity with Section 4 of the Food Handling Regulation and Enforcement Act.
(Prior code § 35.1-11; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 11-4-98, p. 81181; Amend Coun. J. 1-20-99, p. 88037; Amend Coun. J. 12-4-02, p. 99026, § 3.1; Amend Coun. J. 11-17-10, p. 106597, Art. VII, § 2; Amend Coun. J. 3-13-19, p. 96592, § 13)