Richland Park Farmers’ Market
As reported by the Scene back in September, a peculiarity of Tennessee state health code prohibits vendors at farmers markets from preparing food at markets and from selling and serving precooked foods that are not packaged off site; it even stops farmers from offering a sample of their latest crop of strawberries. Currently, these actions are prohibited at farmers markets even though the same behaviors, using the same food safety processes, are permitted at special events.
Senate Bill 1049, introduced by state Sen. Jeff Yarbro (now also a mayoral candidate), aims to change state law to address the inconsistencies. The bill, which has been rescheduled to be heard in the Senate Health Committee on March 8, specifically addresses the issue by creating a separate permit for vendors at farmers markets. The bill lays out basic food-safety protocols. It is estimated that the permits — at $300 each — could bring in $73,500 annually for the state.
“Who knew you couldn’t legally sample a slice of watermelon at your local farmers market, but you can at a festival or special event?” Yarbro asks. “That doesn’t make any sense, and this legislation would fix that disparity. We’ll obviously keep safety paramount, but the farmers and local vendors need a smart process to prepare and sell their products and avoid any nonsensical legal problems.”
In 2022, Metro health inspectors visited Nashville farmers markets and issued citations to vendors who were offering samples, cooking food on site and selling precooked foods, such as bagels, that were not sealed in individual containers in advance. Vendors report that visits from inspectors have ceased since the Scene article was published. While the code applies statewide, Nashville vendors reported the most problems with their local health department inspectors.
The issue — and the need for new legislation — was brought to Yarbro’s attention by the Tennessee Food and Farming Alliance, a coalition of vendors and farmers. Rebecah Boynton, the founder of TFFA and director of the Nashville Community Farmers Markets (including Richland Park, East Nashville and Wedgewood Houston), is optimistic about the bill's passage. Support of farmers and small business owners tends to be bipartisan, as opposed to ... well, almost everything else being discussed by the Tennessee General Assembly this year. The bill, Boynton says, puts the responsibility for food safety at the markets in front of “the people who know it best. We’re thrilled and grateful for the vendors who were willing to share their stories to make this happen.”
The Tennessee Department of Health tells the Scene, “It is not [their] practice to comment on proposed legislation.” Sources with information on the Hill, but who asked not to be named, say that the department’s feedback on the bill and suggested amendments have been minimal. The Tennessee Department of Agriculture and the Metro Health Department both declined to provide comment until the bill is further along in its process.
While Boynton is focused on addressing the inequities regarding sampling and prepared foods at farmers markets, she’s not stopping there. She predicts this effort will be the first of many pieces of legislation the Tennessee Food and Farming Alliance will assist in getting written and introduced in order to help those in the state’s local food economy. “I hope the Tennessee Food and Farming Alliance can help make it easier to grow and sell food,” she says.
As is the case with the many, many bills in front of the General Assembly this year, if you have opinions and want your state representatives to support it, give them a call and let them know.
