Farmers market rules, state by state

Alabama Department of Agriculture & Industries — Farmers Market Authority. Ala. Admin. Code r. 80-7-1-.04 →

Key rules

• Markets seeking state certification must register through the Alabama Farmers Market Authority and follow Chapter 80-7-1 of the administrative code.
• A grower must produce at least 80% of the agricultural product offered for sale, with the remaining 20% sourced from other identified Alabama growers if market rules allow.
• Either the grower or a designated representative must be present during market hours when products are offered.
• Each certified market needs a manager, a clear set of written rules, defined operating hours, vendor approval policies, and a grievance procedure.
• Vendors are responsible for meeting all health rules to prevent foodborne illness; sample preparation must happen on-site immediately before consumption, and home-prepared samples are not allowed.
• "Organic" can only be used by certified organic growers — terms like "pesticide-free" can be used without that certification.

Alaska Department of Health, Food Safety & Sanitation Program (statewide), with operational guidance from the Alaska Farmers Market Toolkit. Alaska Farmers Market Toolkit →

Key rules

• Homemade food exemption: many items can be sold at Alaska farmers markets without a state permit or inspection if sold directly to the consumer. Vendors must hold an Alaska business license, even when the food itself is permit-exempt.
• "Alaska Grown" labeling: products labeled as Alaska Grown must be clearly identifiable, with mandatory pre-tax pricing displayed so consumers can compare. The Alaska Grown program is administered by the Alaska Division of Agriculture.
• Producer-focused product mix: a significant majority of items sold at a market are expected to be self-produced, locally grown, or foraged in Alaska. Markets typically enforce this through vendor agreements rather than state mandate.
• Poultry: producers can sell up to 20,000 birds per year directly to consumers or restaurants without a permit, provided the birds are Alaska-produced. This aligns with the federal P.L. 90-492 exemption with Alaska-specific application.
• Potentially Hazardous Foods (PHF): if a vendor is selling PHF, the vendor must be the producer. Non-producers (resellers) can only sell non-potentially-hazardous foods, with a sign indicating the food is not inspected.
• WIC FMNP and Senior FMNP: producers must be authorized by the State of Alaska to accept FMNP/SFMNP QR codes. Approved items include fresh fruit, vegetables, and honey. Authorization runs through the Alaska FMNP coordinator.
• Food safety questions: Alaska Food Safety & Sanitation Program within the Alaska Department of Health is the contact authority.
• No state price control: Alaska has no regulations governing the prices of products sold at markets. Pricing is set by individual vendors and market managers.
• Meat sales: meat can be purchased as animal shares directly from the producer in accordance with Alaska state laws — a common model that avoids the USDA inspection requirement for retail meat sales.
• Local registration: many Alaska markets require their own vendor registration plus compliance with local municipal/borough laws — verify with each market manager. Individual market rules cover stall assignment, attendance, fees, and dispute resolution; the Alaska Farmers Market Toolkit (alaskafarmersmarketstoolkit.org) is the operational resource hub.
• Statewide context: Alaska has no statewide cottage food law equivalent to most Lower 48 states; the homemade food exemption and direct-to-consumer rules effectively serve that role, with food safety oversight through the Department of Health rather than agriculture.

Two state authorities plus county health: Arizona Department of Revenue (ADOR) Transaction Privilege Tax licensing, Arizona Department of Health Services (ADHS) Cottage Food Program, and county environmental services for permitting. Maricopa County (Phoenix metro) detail kept below as one example of how county-level rules apply. ADOR special events guidance → | Maricopa County rules →

Statewide vendor licensing and food rules

• Transaction Privilege Tax (TPT) license: most Arizona farmers market vendors — including farmers selling their own produce — must obtain a TPT license from ADOR. The TPT functions as both a business license and a sales tax permit; it's required even if you only sell at occasional events.
• Sales tax: vendors are responsible for collecting and remitting Arizona TPT (and any applicable city/county tax) on taxable sales. Some markets handle TPT remittance on the vendor's behalf as a single filing — confirm with each market manager.
• ADHS Cottage Food Program registration: required to sell homemade non-potentially-hazardous foods (baked goods, jams, dry goods, similar) directly to consumers. Registration is statewide through ADHS.
• Food handler training: cottage food vendors must complete a state-recognized food handler training course. Some Arizona counties additionally require a Food Handler Card for any food vendor, regardless of cottage food status.
• Special Event Permit: foods made in a certified commercial kitchen — and any cooking at the market — typically require a Special Event Permit from the local county health department. The market organizer often holds the umbrella special-event permit, with individual vendors covered under it or required to hold their own.
• Cottage food labels must include producer name and address, product identity, ingredients in descending order by weight, allergen disclosure, net weight or volume, and a statement that the product was prepared in a home kitchen not subject to state licensing.
• Produce: farmers selling their own whole, uncut produce generally don't need a county food permit, but TPT licensing still applies and food safety regulations (temperature, sanitation, no contamination from animals or chemicals) still apply.
• Meat, dairy, and plant materials: oversight runs through the Arizona Department of Agriculture for safety compliance; meat must come from a USDA-inspected facility for retail sale, and dairy is regulated under Grade A pasteurized requirements.
• Sampling: generally allowed but with strict food safety protocols — typically individual pre-packaged samples or single-use utensils, handwashing facility on hand, temperature-controlled storage, and no bare-hand contact with ready-to-eat food. Some counties require a separate sampling permit.
• Reselling: most Arizona markets prohibit reselling items not produced on the vendor's farm; this is a market-level rule rather than state law, but it's near-universal.
• Markets as special events: the market organizer holds a special event permit with the local county health department, and individual vendors operate under or alongside that permit depending on what they sell.

Maricopa County (Phoenix metro) example

• Farmers markets fall under the county's Special Events category, which also covers fairs, festivals, and large sporting events.
• Mobile Food Establishments and Food Caterers with annual permits can operate at these events without further permitting if they stay within their permit scope.
• Vendors operating beyond the scope of an annual permit need a Temporary or Seasonal Food Establishment permit — but these temporary permits are not issued for farmers markets specifically; the umbrella special-event permit covers the market.
• A separate Farmers Market Coordinator permit exists for the people running the market itself.
• Liquor at events requires its own state-level liquor permit.
• Other Arizona counties (Pima, Pinal, Yavapai, Coconino, etc.) follow analogous frameworks through their own environmental services departments — verify locally.

Arkansas Department of Health and Arkansas Department of Agriculture — joint Vendor Guide, July 2025. Farmers' Market Vendor Guide (PDF) →

Key rules

• Whole, uncut fresh produce can be sold without any health department permit. Same for honey, maple syrup, and sorghum sold by the producer.
• Act 1040 of 2021 (the Food Freedom Act) lets homemade non-time/temperature-controlled foods be sold direct to consumers without permitting — but excludes anything containing meat, poultry, seafood, or other TCS ingredients.
• Canned foods, smoked or cured meats, and sprouted seeds must be produced in an ADH-permitted facility with an approved variance for that specific process.
• Wild-harvested mushrooms can never be sold at an Arkansas farmers market.
• Eggs from producers with fewer than 700 hens can be sold ungraded if washed, prepackaged with the producer's name and address, refrigerated at 45°F or below, and labeled "ungraded."
• Live birds (chickens, ducks, game birds) sold or swapped at markets must be pullorum-typhoid clean with documentation; chicks under two months can't be sold in quantities under six.
• Selling vegetable plants in soil-containing media requires a state Nurseryman's License with proper labeling; soil-less mix vegetable plants don't need the license.
• "Organic" claims require USDA NOP certification unless gross organic sales are $5,000/year or less, in which case the rules still apply but certification is exempt.

California Department of Food and Agriculture — Certified Farmers' Markets, Direct Marketing Program. cdfa.ca.gov/is/i_&_c/cfm.html →

Key rules

• California operates a Certified Farmers' Market (CFM) system: certification exempts farmers from the standard packing, sizing, and labeling rules that otherwise apply to selling produce off-farm.
• Roughly 655 certified markets and 2,700 certified producers operate statewide; about 60% run year-round, the rest seasonal.
• To open a market or become a certified producer, you apply through your local County Agricultural Commissioner — not directly through CDFA.
• A new mobile category was added by AB 2786 (2024): Certified Mobile Farmers' Markets must register annually with CDFA, declare a route schedule, source only from certified producers or certified markets, and hold a mobile food facility permit from California Public Health.
• CSAs can register through a separate program established by AB 224 (2013), with state guidelines for safe handling of both potentially hazardous and non-hazardous foods.
• CDFA actively enforces the program with public notices of proposed actions and noncompliance, posted by fiscal year.

Colorado Department of Agriculture — Produce FAQs (Produce Dealer License) plus Colorado Cottage Foods Act and Colorado Farm to Market resources. CDA produce FAQs → | Colorado Farm to Market licensing →

Cottage Foods Act (direct-to-consumer)

• Allows individuals to sell non-potentially-hazardous homemade foods (baked goods, jams, jellies, candies, dry mixes, honey, etc.) directly to consumers without a license, provided the producer completes a state-approved food safety training, follows labeling rules, and stays within the annual revenue cap (around $10,000 per product, with verification thresholds — confirm current cap with the Colorado Department of Public Health and Environment).
• Cottage food labels must include producer name and address (or contact info), product identity, ingredients in descending weight order, allergens, net weight, and a disclosure that the product was prepared in a home kitchen not subject to state licensing or inspection.
• Cottage food is direct-to-consumer only — sales must occur in person (farmers markets, farm stands, roadside stands, online with delivery) directly to the end consumer; wholesale and resale to retailers are not permitted under the Cottage Foods Act.

Licensing for prepared foods

• Most prepared foods that are potentially hazardous (cooked items, meats, dairy, juices, ready-to-eat foods needing temperature control) require a Retail Food Establishment License from the local county or district health department under Colorado Department of Public Health and Environment rules.
• A Colorado sales tax account number from the Colorado Department of Revenue is required to obtain a Retail Food Establishment License.
• Non-potentially-hazardous prepared foods made in licensed commercial kitchens have separate but related labeling requirements through state Wholesale Food Manufacturing.

Produce Dealer License (Colorado Department of Agriculture)

• A Farm Products Produce Dealer's License is required to buy or broker produce from Colorado producers for resale or processing — but not for produce purchased for personal consumption.
• Also applies to taking produce on consignment, selling as an agent, or buying for a commercial feeding operation feeding more than 2,500 head.
• Application fee is $275, plus a surety bond between $5,000 and $200,000 based on annual purchase volume — or an irrevocable letter of credit.
• Bond exemption: pay cash at the time of pickup and sign a Cash Buyer's Affidavit each year.
• Operating as a dealer without a license is a Class 6 felony; civil fines can reach $1,000 per day.
• A small-volume dealer license ($25 fee, no bond) is available for hay buyers under $20,000/year with no transactions over $2,500.

Producer-only and individual-market rules

• Many Colorado markets — like Boulder County Farmers Markets — operate "producer-only," meaning vendors can sell only what they grew, raised, or produced themselves.
• Markets that allow resale (Larimer County is a notable example) require vendors to follow local rules, state rules, and Best Management Practices for honest labeling and sourcing disclosure.
• Whole, uncut produce: no license required for the grower selling their own crop.
• Honey: unprocessed honey is generally exempt from licensing when sold by the producer; processed or value-added honey products may trigger food licensing.
• Eggs: clean, properly labeled eggs can be sold by the producer without a separate egg license under the Colorado Egg Law for small producers; refrigeration and labeling rules still apply.

Food safety basics at the booth

• No bare-hand contact with ready-to-eat foods — gloves, utensils, or deli tissue required.
• Cold-held TCS foods at 41°F or below; hot-held TCS foods at 135°F or above.
• Vendors offering food samples must follow state and local sampling rules — typically requiring handwashing facilities, single-use utensils, and temperature control for sample products.

Connecticut Department of Agriculture — Farmers' Market Reference Guide. CT DoAg Reference Guide (PDF) →

Key rules

• Two market types are recognized: Producer Only (vendors sell only what they produce) and Exempt (vendors can purchase from another Connecticut farmer to fill gaps, with prior CT DoAg approval).
• Certified markets must have at least two farmers selling Connecticut-grown produce per CGS Sec. 22-6r and sign a Memorandum of Understanding with the state.
• Misrepresenting non-Connecticut-grown product as "Connecticut Grown" carries fines up to $1,000 per commodity.
• Farmer kiosk designation at certified markets allows otherwise-exempt items (jams, jellies, acidified foods) to be sold off-farm — without it, off-farm sales of those items are prohibited.
• Most markets require vendor liability insurance with a minimum $300,000 limit, with the market named on the certificate.
• Local health departments treat farmers markets as temporary food establishments; food preparation on-site triggers handwashing station, sanitizing, and temperature-control requirements.
• Scales used for weight-based sales must be NTEP-certified, "legal for trade," Class III, and inspected annually by the CT Department of Consumer Protection.
• Time/temperature-control-for-safety foods (dairy, meat, poultry, seafood, eggs, cut melons, cut leafy greens, cut tomatoes, sprouts, garlic-in-oil, tofu) must stay at or below 41°F or at or above 135°F.

Two parallel Delaware tracks: Delaware Department of Agriculture (DDA) — On-Farm Home Processing of Non-Potentially Hazardous Foods (regulation adopted 2006, for farmers); and Delaware Division of Public Health (DPH), Cottage Food Establishment Program (16 Del. Admin. Code § 4458A, for non-farmers). DDA On-Farm Kitchens → | 2006 regulation text →

DDA On-Farm Home Processing (for farmers)

• Adopted in 2006 to let farm families process non-potentially-hazardous foods in their on-farm home kitchens for sale at DDA-recognized farmers' markets, on the farm, or at a roadside stand on or near the farm.
• Allowed products are limited to specific shelf-stable categories: baked breads, cakes, muffins, or cookies with water activity of 0.85 or less; containerized fruit preparations (jellies, jams, preserves, marmalades, fruit butters) with equilibrated pH ≤ 4.6 or water activity ≤ 0.85; fruit pies with equilibrated pH ≤ 4.6; and herbs in vinegar with equilibrated pH ≤ 4.6.
• Sales limited to $50,000 per year. Pets are not allowed in the home — ever.
• Members of the farm family who'll produce items must complete DDA-identified training covering: identifying potentially-hazardous vs. non-potentially-hazardous foods, foodborne pathogens and control, reducing illness risk, evaluating microbial control plans, and Delaware regulations on farm-produced non-PHF items. After passing a written test, DDA Food Products Inspection staff conducts an on-farm kitchen inspection.
• Process to obtain license: $25 fee, eight-hour food safety course, on-farm kitchen inspection, registration of the on-farm premises with DDA.
• Sales locations restricted: farmers' markets recognized/listed by DDA, the processor's farm, or a roadside stand on or near the farm. Roadside stand must be on or near your farm — not arbitrary locations.
• "Farmers' market" defined in Delaware regulation as a physical location listed with DDA for direct-to-consumer marketing of limited Delaware/Delmarva grown and produced food products.
• Compliance: DDA Food Products Inspection staff monitors storage and labeling. Improperly labeled non-PHF products are deemed misbranded and can be removed from sale. Vendors must use proper handwashing facilities (hand-cleansing soap or detergent at each handwashing facility), maintain clean food-contact surfaces, and trim/clean fingernails.

DPH Cottage Food Establishment Program (for non-farmers)

• 16 Del. Admin. Code § 4458A, expanded 2016, lets any Delaware resident sell homemade non-potentially-hazardous food directly to consumers in Delaware. Administered by the Delaware Department of Health and Social Services Division of Public Health.
• Allowed product list includes traditional bakery items (cakes, breads, cookies, rolls, muffins, brownies, fruit pies, pastries), condiments, dry goods, jams, jellies, certain snacks, and candies.
• $30 annual registration fee, fiscal year ending March 31. Registrants must provide a complete list of products, ingredient lists, sample labels, and the types of venues where products will be sold.
• Plans must identify appliances to be used, food contact surfaces, areas for refrigeration and dry-good storage, and restroom facilities. State inspection of the home kitchen required before approval, plus completion of a state-approved food safety course.
• Animals and pets must be kept out of the food preparation area at all times.
• Sales venues: direct sales only at farmers' markets and special events within Delaware. Online advertising allowed; online sales NOT allowed. No wholesale, no resellers, no food establishments. All sales must occur within Delaware.
• Required label elements: producer name, phone number, and email address; product name; net weight or unit count; production date; allergen information; ingredients in descending order by weight; and a disclosure statement that the product was made in a home kitchen not inspected by the Delaware Division of Public Health.
• Adding new products requires registration update and DPH approval before selling.
• Family members in the household may help; hiring outside employees may push the operation into commercial-license territory.

Other Delaware-statewide rules at markets

• Producer requirements: products must be Delaware-grown or Delaware-made for DDA-listed farmers markets; resale of products from other farms is generally not allowed except through a specific cooperative arrangement.
• Eggs, meat, poultry, and dairy are NOT covered by the cottage food or on-farm processing tracks — those go through Delaware Department of Agriculture animal product inspection separately, with USDA inspection required for meat sold at retail.
• Generally prohibited at markets without a licensed facility: home-canned pickles, beets, sauerkraut, canned vegetables, salsa; home-produced jerky; home-produced pasta; raw milk products; and any TCS food without proper licensure.
• Alcohol sales: Delaware introduced a Farmers' Market Permit / Agricultural Themed Event Permit framework allowing beer, wine, and spirits in sealed containers at farmers' markets typically April-November under specific permit conditions through the Delaware Office of Alcohol and Tobacco Enforcement.
• Liability insurance: not state-mandated, but required by many individual Delaware markets — check each market's vendor agreement before applying.

Florida Department of Agriculture and Consumer Services — Community Farmers' Markets FAQ. fdacs.gov FAQ →

Key rules

• Three agencies share oversight: FDACS regulates pre-packaged and non-potentially-hazardous foods; DBPR regulates ready-to-eat and on-site prepared foods; DOH handles institutional settings like schools and assisted living.
• Whole, uncut fresh produce sold by the grower direct to consumers needs no permit — this is the cleanest path for farm vendors.
• Florida's Cottage Food Law allows up to $250,000 in annual gross sales of non-perishable, low-risk foods made in a home kitchen, with no FDACS license required and no state inspection.
• Cottage food products must be labeled with "Made in a cottage food operation that is not subject to Florida's food safety regulations" and cannot be sold alongside any non-cottage regulated foods at the same booth.
• Cottage food sales must be direct-to-consumer (in person, by mail, by web order) — no wholesale.
• Pre-packaged food not covered by cottage food rules requires an FDACS Food Permit, with the food prepared in a permitted facility.
• Ready-to-eat vendors at farmers markets need a DBPR license: $91 (1-3 days), $105 (4-30 days), or $456 (annual vendor license, multiple events).
• Eggs require a Small Flock Egg Production Sale Permit from FDACS; meat must be processed at a USDA-inspected facility.
• Cottage food regulation is preempted to the state — local governments can't ban cottage food operations, only enforce traffic, parking, noise, signage, and hours rules.

Georgia Department of Agriculture — Farmers Market Toolkit. Georgia DOA Toolkit (PDF) →

Key rules

• Selling whole, unprocessed fresh produce requires no license or registration; any processing (slicing, freezing, etc.) triggers a Food Sales Establishment License from the Georgia Department of Agriculture.
• A Cottage Food License from GDA covers home-kitchen production of non-hazardous foods like loaf breads, cakes, pastries, candies, fruit pies, jams, dried fruits, dry herbs, granola, coated nuts, vinegars, and popcorn — renewed annually.
• Non-profit-sponsored farmers markets can have the host county or municipality issue 120-hour permits at no fee under O.C.G.A. § 26-2-391, instead of GDA permitting individual vendors.
• Sales of food products to consumers for off-premises consumption are exempt from state sales tax; non-food items are taxed normally.
• Local agricultural products sold by the producer within 90 days of harvest are exempt from municipal taxes and license fees under O.C.G.A. § 48-5-356.
• Egg sellers need a free Egg Candling License from GDA, requiring passage of a written and a candling exam.
• Mobile meat sales require a separate Mobile Meat License, renewed yearly.
• Most local governments don't have farmers-market-specific zoning; Atlanta is a notable exception with Section 16-29.001 of its zoning ordinance.

Hawaii Department of Health (DOH) Food Safety Branch (statewide), Hawaii Farm Bureau Federation Farmers' Market Handbook (operational guidance and HFBF-run markets), plus county-specific rules. HFBF Farmers Market Handbook (PDF) →

Statewide rules and DOH oversight

• Produce origin: Hawaii prioritizes local agriculture — out-of-state produce and plants are generally not permitted at Hawaii farmers markets. Vendors selling product from other Hawaii farmers must keep documentation of local origin and disclose the source farm in their booth.
• Statewide food safety oversight: Hawaii Department of Health (DOH) Food Safety Branch under Hawaii Administrative Rules Title 11, Chapter 50 (Food Safety Code, Hawaii's adoption of FDA Food Code) is the regulatory authority for food sold at farmers markets across all islands.
• Prepared and value-added foods (jams, sauces, dried fruits, bottled items) must be made in a certified commercial kitchen permitted by DOH — not a home kitchen.
• Food handler training: individuals selling food products must complete a DOH-approved food handler training course; the Department of Health offers and recognizes specific approved courses.
• Temporary Food Establishment Permit: vendors cooking on-site need a DOH Temporary Food Establishment Permit, which typically covers up to 20 events within a 120-day period.
• Booth safety and sanitation: vendors must have handwashing coolers within their booths, use propane (NOT charcoal) for cooking, and use non-combustible tents when working with open flames. Booth weights, fire extinguishers, and proper food temperature controls are also required.
• Produce labeling: produce must meet Hawaii grade standards with appropriate labels.
• Prepared food signage: menu boards and displays should identify local sources of ingredients.
• Non-edible products: t-shirts, crafts, and other non-edible items are generally not the focus of Hawaii farmers markets; some markets allow these only when they bear the vendor's farm logo and aren't the primary product, with policies varying by market.

HFBF-operated markets (Oahu)

• Hawaii Farm Bureau Federation operates four markets on Oahu — Honolulu (Blaisdell), Kailua, KCC, and Mililani — under their own handbook in addition to DOH rules.
• Three vendor tiers: Tier 1 farmers (own produce only), Tier 2 farmers selling value-added products with locally-sourced ingredients, and Tier 3 non-farmer prepared-food vendors.
• HFBF membership ($90 plus county dues, renewed each September) required for all vendors at HFBF markets.
• Required documents for HFBF vendors: Hawaii General Excise Tax license, liability insurance with HFBF named as additional insured, signed waiver and vendor agreement, Special Events Food Establishment Permit from Hawaii DOH for prepared food.
• HFBF-specific operational rules: 20-lb-minimum booth weights per leg, charcoal grills banned (propane allowed with safety setup), six-month attendance commitment with once-monthly minimum, four unexcused absences triggers suspension, October-December attendance is critical, monthly billing $33-$88 depending on tier.

County-specific overlays

• Oahu (City and County of Honolulu): the People's Open Markets system operates separately from HFBF, with municipal rules including bans on pets, restrictions on purchasing before the official start time, and specific market schedules.
• Kauai (County of Kauai): proposed/recent legislation has explored expanding farmers' market locations into residential, resort, and commercial zones beyond historical agricultural-only locations.
• Maui (County of Maui): agricultural retail stands are permitted on agricultural land for produce grown on the premises — a more on-farm-stand-friendly framework than some other counties.
• For state-level reference and a comprehensive operational guide across islands, the Hawaii Farm Bureau's Farmers Market Handbook is the most detailed cross-cutting resource available.

Idaho State Department of Agriculture — Establishing a Farmers' Market in Idaho (Revised January 2020). ISDA Idaho farmers market handbook (PDF) →

Key rules

• The handbook is a joint product of ISDA, the Idaho Farmers Market Association (IFMA), and University of Idaho Extension. ISDA Market Development is at 2270 Old Penitentiary Road, Boise; main contact (208) 332-8500 or info@agri.idaho.gov.
• Sales tax: farmers selling to consumers must obtain a seller's permit. The regular Sales and Use Tax permit is free with monthly, quarterly, annual, or seasonal filing. The temporary ST-124 permit covers promoter-sponsored events with two or more sellers — promoters/organizers issue ST-124s to participants, can take a $1 tax credit per permit issued, and avoid liability for vendor sales tax by using them.
• Liability insurance is one of the largest startup costs; year-round policies typically cost less than canceling and renewing each season.
• Health rules live in the Idaho Food Code (IDAPA 16.02.19); foodsafety.idaho.gov hosts the full code and the Manual for Temporary Food Establishments.
• An "agricultural market" selling only raw or fresh fruits, vegetables, and nuts in the shell — plus a minor portion of factory-sealed non-TCS foods — generally needs no health permit. Selling TCS foods (cut melon, raw seed sprouts, cut leafy greens, garlic-in-oil, cooked plant foods, raw or cooked meat) makes the market a regulated food establishment requiring a license, and inspection by an Idaho Health District Environmental Health Officer.
• Sampling: melons, cut leafy greens, and cut tomatoes can be sampled with a temporary food permit; samples kept cold at 41°F or hot at 135°F+, time-control alternative under Idaho Food Code 3-501.19 with a written procedure. Toss samples within four hours after they leave temperature control.
• Cottage Foods (non-TCS): allowed examples include baked goods that don't need refrigeration, fruit jams and jellies, honey, fruit pies, breads, non-refrigerated cakes/pastries/cookies, candies and confections, dried fruits, dry herbs and seasoning blends, cereals, trail mixes, granola, nuts, vinegar and flavored vinegars, popcorn and popcorn balls, and tinctures without medicinal claims. No food-establishment permit required, but markets may require completion of a Cottage Food Risk Assessment Form (no fee, optional, signed by an Environmental Health Specialist).
• Idaho's seven district health departments cover the state: Panhandle (Coeur d'Alene), North Central (Lewiston), Southwest (Caldwell), Central (Boise), South Central (Twin Falls), Southeastern (Pocatello), and District 7 (Idaho Falls).
• Weights & Measures: scales selling by weight must be Legal-for-Trade Class III or better, licensed annually by the Idaho Bureau of Weights and Measures (208-332-8690). Postal, diet, kitchen, bathroom, and "not legal for trade" scales are not acceptable. Meat, seafood, and poultry must be sold by weight (except items for immediate on-premises consumption).
• Method-of-sale rules: avocados and corn-on-the-cob must be sold by count; berries, cherries, cranberries, currants, mushrooms, and cherry tomatoes by measure/container; bunched items include asparagus, beets, broccoli, carrots, cauliflower, escarole, green/spring onions, parsley, spinach, and turnips.
• Organic: ISDA Organic Certification Program (208-332-8673). Producers selling under $5,000 of organic produce can register with ISDA and use the term "organic"; over $5,000, full USDA-accredited certification is required to use "Certified Organic" with the USDA seal.
• Nursery licenses: each vendor selling more than $500 in nursery/florist stock annually needs a license, OR the market itself can purchase a single license covering all such vendors. Nursery licenses are site-specific; a temporary location used more than six weeks/year is an additional location. Annual fee $100, due Feb 1; $25 late fee. Plant Industries Division, Box 790, Boise 83701, (208) 332-8620.
• Animal feed (including pet treats and pet food): each separately identifiable product must be registered annually with ISDA — $40/product, expiring September 30. Late penalty $10/product after November 1. Selling unregistered products: $25 penalty per product.
• Commercial fertilizers: $25/product registration, calendar-year cycle, $10 late penalty after January 31.
• Seed licensing under the Idaho Pure Seed Law: License to Condition and Clean Seeds $100, License to Label Seed $50, License to Sell Seed $50 (sales $500-$1,000) or $100 (over $1,000). Out-of-state dealers without an Idaho place of business: $350 for all three licenses. Sellers under $500 or only in packages under 8 oz are exempt.
• Plant-related quarantines: Onion White Rot Quarantine (Allium species — only plantlets and bulbs from listed counties allowed); seed potatoes (must be certified); grape planting stock (state/country-of-origin certificate required); Idaho's Noxious Weed List.
• Soil and plant amendments: $100 per product, annual registration expiring December 31.
• Dairy: must be produced and processed at an ISDA-permitted facility. Raw milk for human consumption is legal in Idaho if from a permitted facility, but cannot be sold across state lines or to restaurants. ISDA Dairy Bureau (208) 332-8550.
• Eggs: ungraded eggs from producers with fewer than 300 birds can be sold without a permit if cleaned, refrigerated, kept cold at the market, and labeled with producer name, address, and "UNGRADED EGGS." Cannot be sold to restaurants. ISDA Dairy Bureau (208) 332-8550.
• Meat: beef, lamb, and pork must be slaughtered and processed at a USDA-inspected facility, and selling at the market also requires a Health Department permit.
• Idaho potatoes: Idaho Potato Commission (IPC) license required by Idaho law. Markets, businesses, or individuals selling Idaho potatoes can pay $100 annually for an IPC license that covers all sellers at that market. (208) 334-2350.
• SNAP/Food Stamps via the Idaho Farmers Market Association: free state-supplied point-of-sale machine, tokens through IFMA, vendor training and outreach. Double Up Food Bucks (DUFB) doubles SNAP value at participating Idaho markets — IFMA is the official state partner; visit IdahoFMA.org/doubleup.

Illinois Department of Public Health and Illinois Department of Agriculture — Farmers Market Food Safety Guide (May 2023). Illinois Farmers Market Guide (PDF) →

Key rules

• Whole, uncut fresh fruits and vegetables, grains, seeds, beans, nuts, popped-corn kernels, fresh and dried herbs, microgreens, commercially-raised mushrooms, and raw honey can be sold without restriction under the Farm Products Marketing Act.
• Honey producers under 500 gallons per year are exempt from inspection requirements; over that, they're regulated under the Sanitary Food Preparation Act.
• Cottage Food Operation registration with the county health department is required for home-kitchen prepared foods; once registered, the vendor can sell statewide.
• Wild-harvested mushrooms, home-canned and home-vacuum-packaged foods, raw milk and raw-milk dairy, ice cream from uninspected facilities, home-butchered meat, and home-prepared sandwiches are all banned from sale.
• Eggs require an Illinois Department of Agriculture egg license for off-farm sale; eggs must be candled, graded, labeled, and held at 45°F or below.
• Meat and poultry need USDA or IDOA inspection legend on every package; products processed under the IDOA poultry/rabbit exemption can't be sold at markets.
• The IDPH Farmers Market Food Product Sampling Handler Certificate authorizes vendors to sample products on-site.
• Vendors must display a placard or label showing the address of the farm where products were grown — failure to do so qualifies as misbranding.

Indiana statewide framework: IC 16-42-5-3 and Home-Based Vendor (HBV) law as expanded by HEA 1149 (2022) — administered by the Indiana State Department of Health (ISDH) Food Protection Program and the Indiana State Department of Agriculture, with specific product programs run by the Indiana State Egg Board. Detail-level rules below come from the Harrison County Health Department's brochure, which summarizes the statewide rules. Harrison County brochure (PDF) →

Indiana statewide rules

• Home-Based Vendor (HBV) status under HEA 1149 (2022): Indiana residents can sell non-potentially-hazardous foods (baked goods, jams, jellies, candies) made in a home kitchen directly to consumers without a state license or inspection.
• Whole, uncut produce sold by the grower can be sold with no permit and no vendor's license — basic rinsing or trimming for damage is allowed; cutting or further processing triggers permit requirements.
• Home-Based Vendor labels must include producer name and address, product name, preparation date, ingredients in descending weight order, weight or volume, and a 10-point statement: "This product is home produced and processed and the production area has not been inspected by the State Department of Health."
• Vendors selling only whole, uncut fruits and vegetables don't need a safe food handler certification.
• Most Indiana markets require vendors to grow or produce at least 75% of what they sell — a producer-only standard, not a state mandate but typical practice.
• Eggs: sellers must be licensed by the Indiana State Egg Board. Eggs must be clean, refrigerated at 45°F or below, and cartons must be labeled with pack date plus 30-day expiration.
• Meat: must be processed at an inspected plant and sold frozen. Chickens can be home-processed under IC 16-42-5-29(b)(5) but must be properly labeled and held below 28°F.
• Honey: can be home-processed; some county health departments (Harrison County, for example) require labels to warn against feeding honey to babies under one year of age due to botulism risk.
• Dairy: only pasteurized milk can be sold for human consumption. Raw milk can only be labeled and sold as pet food.
• Generally prohibited at markets without a licensed facility: home-canned salsa, relish, pickles, vegetables, and acidified products (water-activity, pH, and botulism risks). Potentially-hazardous foods requiring strict temperature control (most meat, dairy, custard items) cannot be sold without proper health department permits.
• Bare-hand contact with ready-to-eat food is prohibited by law — gloves, tongs, or wax paper required.
• Animals are typically not allowed at markets and food cannot be stored directly on the ground.

Iowa Department of Inspections, Appeals, and Licensing (DIAL) — Farmers Markets. dial.iowa.gov →

Key rules

• Iowa runs a dedicated Farmers Market license category at $150/year — a vendor selling potentially hazardous foods can operate under this, a Mobile Food Unit license, or a Temporary Food Establishment license.
• Apply at least three days before the operating date (two weeks recommended); a separate license is required for each simultaneous stand.
• License-exempt foods include whole, uncut fresh produce; cottage foods (per Iowa Code, including some home-canned items if compliant); pre-packaged TCS foods made in a licensed establishment; fresh wholesome shell eggs; and honey.
• Foods that require a Farmers Market license: unpackaged TCS foods like meat, poultry, dairy, cooked or prepared foods, soft pies, custard-filled or cream-filled products — plus wild-harvested mushrooms.
• Wild mushroom sales are tightly controlled (481 IAC 31.1(4)): allowed varieties include morels, oysters, chicken-of-the-woods, hen-of-the-woods, chanterelles, bear's, pheasant back, and black trumpet.
• Each wild mushroom must be inspected by a certified expert; sellers keep 90-day records with species (scientific and common name), date, weight, expert's contact info, and a copy of the expert's certificate.
• Wild mushroom sellers must inform customers via consumer advisory that mushrooms should be cooked thoroughly and may cause allergic reactions.
• Food labels (when required) need product name, ingredients in descending order, manufacturer name and address, net weight or volume, allergen information, and nutrition labeling unless exempt under FDA rules.
• Major allergens to declare include crustacean shellfish, eggs, fish, milk, peanuts, sesame, soybeans (except refined oil), tree nuts (almonds, pecans, walnuts), and wheat.
• Iowa Code citations: 481 IAC Chapter 30, 481 IAC Chapter 31, and Iowa Code Chapter 137F.

Kansas Department of Agriculture — Food Sales at Farmers' Markets & Similar Locations. agriculture.ks.gov →

Key rules

• Direct-to-consumer sales of foods that don't require temperature control or specialized processing are exempt from food establishment licensing — this covers most of what farmers actually sell.
• Exempt foods include baked goods (cookies, breads, cakes, cinnamon rolls, fruit pies), fresh fruits and vegetables, nuts, and honey; the same exemption covers internet sales and shipping.
• Non-exempt foods (TCS items requiring temperature control or specialized processing) need a food establishment license — examples are cream pies, cheesecake, custards, cooked meats, cut melons, sprouts, cut tomatoes, canned vegetables, and pickles.
• Egg sellers can be ungraded if very small (1-50 hens, no temp requirement) or small (51-250 hens, must hold at 45°F or less); larger producers need additional licensing.
• Home-canned products can't be sold without proper licensing — except traditional jams and jellies.
• Pesticide use on home-grown produce must comply with label directions; KDA recommends following Good Agricultural Practices.
• The vendor must keep physical control of the product until handed to the consumer — consignment sales or leaving products with a neighboring booth requires a food processing license.
• Packaged products should carry the common name and the producer's name and address.

Kentucky Department of Agriculture — Farmers' Market Manual and Resource Guide (2024-2025). KDA Farmers Market Manual (PDF) →

Key rules

• KDA defines a farmers' market as a location where two or more farmer-producers gather on set days to sell products they grow or produce — primary business of the market should be those agricultural products.
• Markets register with KDA's Farmers Markets Program; registration is free, with no fee to be listed as a Kentucky Proud farmers' market.
• The Kentucky Proud program is the state marketing program; member benefits include grants, cost-share funds, and use of the Kentucky Proud logo.
• Home-based Processor and Home-based Microprocessor are two distinct categories with different requirements — microprocessor certification (for salsas, pickles, home-canned goods) requires a UK Extension training course ($50) plus recipe review by Dr. Sandra Bastin at UK ($5/recipe).
• A Farmers' Market Temporary Food Service Establishment (FMTFSE) permit is a specialized permit allowing cooked Kentucky-grown food at markets — valid six months, twice-weekly service.
• Sampling that involves slicing, cutting, or cooking requires completion of the joint Department for Public Health and KDA food safety training program.
• Egg vendors need a Wholesale Distributor license through the Kentucky Department of Agriculture.
• Pet treats require Home-based Processor permits and must follow specific labeling rules through the UK Division of Regulatory Services Feed Program.
• Product-specific rules apply for cheese and beer cheese, eggs, leafy greens and microgreens, ice cream, jerky, cut melons, prepared meals, seafood, and sprouts (Manual pages 85-88).

Louisiana Department of Agriculture and Forestry — Selling Food (statewide directory). ldaf.la.gov/food/selling → Statutory citations: LA Rev Stat § 3:3673 (direct-sale fee exemption) and the Louisiana Cottage Food Law.

Key rules

• LDAF authorizes processing and sale of animal and agricultural food products statewide; covers eggs, meat and poultry, milk and dairy, and produce as four separate product categories. Each category has its own LDAF sub-page with detailed rules.
• Direct-to-consumer fee exemption: per LA Rev Stat § 3:3673, farmers and producers selling agricultural products (produce, meat, seafood) directly to consumers are exempt from state, parochial, and municipal permit fees, license taxes, and inspection fees that would otherwise apply.
• Louisiana Cottage Food Law: individuals can sell homemade non-potentially-hazardous foods (baked goods like breads and cookies, jams, jellies, candy) with annual gross sales capped at $30,000. Foods requiring refrigeration or containing meat are not allowed under cottage food. Sales locations include farmers markets, roadside stands, and online — but cottage foods cannot be resold by other retail businesses.
• Cottage food labeling: ingredients in descending order by weight, contact information, and the statement: "This food is made in a home kitchen and is not licensed or regulated by the Louisiana Department of Health."
• Egg producers: authorization required through LDAF's egg sub-page (quality and inspection requirements).
• Meat and poultry: handlers need plant inspections, registration, and humane processing approval through LDAF.
• Dairy: regulated separately through LDAF Animal Health and Food Safety.
• Produce: covered by LDAF Produce Safety rules covering water quality, hygiene, and equipment sanitation, aligned with FSMA Produce Safety Rule. Most small farms qualify for exemptions but should still review the rules.
• Certified Louisiana program: separate marketing/branding program for Louisiana-grown products with branded logos — not a regulatory requirement.
• FMNP and Senior FMNP: farmers must register/be certified by LDAF to accept Farmers' Market Nutrition Program and Senior FMNP benefit vouchers; LDAF runs the certification process.
• Individual market rules: most Louisiana markets (Crescent City Farmers Market in New Orleans, Gretna Farmers Market on the Westbank, etc.) layer their own rules on top of state law — typically requiring price signage, weighted tents, and K-class fire extinguishers when open flames are present.

Maine Federation of Farmers' Markets, summarizing Maine Department of Agriculture, Conservation and Forestry (DACF) rules. mainefarmersmarkets.org →

Key rules

• Maine-grown unprocessed produce vendors don't need a Mobile Vendor License; egg producers with fewer than 3,000 layers also don't.
• A DACF Mobile Vendor License is required for off-premise sale of food from an "approved source" — sources are Home Food Processing, Commercial Food Processing, Maple Syrup Producer, Retail License with prepared-food authorization, Maine Milk Distributors License, or under-1,000-bird poultry exemption.
• No food preparation is permitted under the Mobile Vendor License — prep happens at the licensed facility, then food is brought to market.
• On-site cooking or food serving requires a Health Inspection Program license from the Department of Health and Human Services, not DACF.
• Home Food License covers shelf-stable bakery, traditional jams and jellies, herbs, chocolates, and honey; non-traditional jams, acidified foods, and pickles require process review by the University of Maine.
• Red meat (beef, pork, lamb, goat) must bear a USDA or Maine state mark of inspection; "Not For Sale" meat can't be sold.
• All packaged food labels must show common name, ingredients, allergen statement, manufacturer name and address (with street and zip), and weight/volume.
• Hand washing supplies (100°F water, soap, paper towels, waste receptacle) are required for any vendor handling unpackaged food including samples.
• Refrigerated foods stay at 41°F or below with a thermometer in each cooler; hot grab-and-go foods stay at 135°F or above, or get a 4-hour discard log.
• Seafood vendors work with both DACF and the Department of Marine Resources; oyster sales require certified shellfish dealer status or dealer-tag retail.
• Anyone selling plants needs a DACF Nursery License — $5/year for small growers, $25/year otherwise.

Maryland Department of Health (MDH) and local county health departments handle food safety; Maryland Department of Agriculture (MDA) administers producer-side licenses (cottage food, on-farm processing, mobile farmers market unit, eggs, meat). Detail-level summary based on Queen Anne's County Department of Health published guidance plus statewide MDA program references. Queen Anne's County MDH page →

Cottage Food (MDH, COMAR 10.15.03.27)

• Cottage food businesses make non-potentially-hazardous foods (baked goods, jams, jellies, candies, dry mixes, similar shelf-stable items) in a private home kitchen. They are NOT required to use a licensed kitchen.
• Required label elements: producer name, producer address, product name (identity), ingredients in descending order by weight, net weight or quantity, and allergen information.
• Cottage foods may be sold at farmer's markets, public events, and certain other direct-to-consumer venues consistent with COMAR 10.15.03.27 — sales are direct to the end consumer.
• Potentially-hazardous foods (anything with milk, eggs, meat, poultry, fish, shellfish, edible crustaceans, or other ingredients capable of supporting rapid pathogen growth; home-canned foods other than jams and jellies; foods requiring temperature control) are NOT cottage-food eligible.

MDA producer licenses for value-added and farmers market sales

• On-Farm Processing License (Maryland Department of Agriculture): required for selling value-added products like acidified foods (pickles, salsas), specialty vinegars, and similar processed items produced on the farm. Annual sales limit (cap) of $40,000 under this license. Higher-volume operations move into a commercial food processing license under COMAR 10.15.04.19.
• Producer Mobile Farmers Market Unit License (MDA): required for selling certain agricultural products directly to consumers at farmers markets — covers the on-site sales operation as a "mobile" farmers market unit distinct from a brick-and-mortar establishment.
• Meat and poultry: must be slaughtered and processed in a USDA-inspected plant, OR produced under MDA's Cooperative Interstate Shipment / state inspection equivalent program. Custom-exempt processing isn't valid for retail farmers market sales.
• Eggs: must comply with Maryland Department of Agriculture egg inspection rules (mda.maryland.gov/foodfeedquality/pages/egg_inspection.aspx). Small producers have specific rules; commercial-scale producers need separate egg dealer licensing.

Farmer's market application and operations

• A "farmer's market" is defined as a location where a person offers or sells one or more of the following directly to the public: raw agricultural products; cottage foods produced under COMAR 10.15.03.27; non-potentially-hazardous foods that don't require refrigeration and are processed in a licensed food processing plant under COMAR 10.15.04.19; eggs offered in compliance with MDA regulations; and commercially processed non-potentially-hazardous pre-packaged or bottled products.
• Vendors offering food products (other than flowers or herbs) at a Maryland farmer's market submit an application at least two weeks before participating, through the relevant county's health department.
• Product labels generally must include producer name and address, product identity, and net quantity — beyond cottage food's stricter requirements above.
• Sampling: vendors offering samples must follow strict sanitation rules including handwashing facilities, cold-holding for any TCS samples, and (in many jurisdictions) a specific sampling permit.
• Storage and handling: fresh foods at 40°F or less, frozen foods at 0°F or less.
• Insurance and market rules: many Maryland markets layer their own requirements on top of state law — including liability insurance, specific setup times, and producer-only or local-radius rules. Confirm with each market's vendor manager.
• Local jurisdiction matters: while these rules cite statewide COMAR regulations and MDA programs, the actual permits, applications, and inspections run through each county's health department; vendors at markets in Baltimore City, Montgomery County, Prince George's County, Anne Arundel County, etc. each contact their local environmental health office.

Massachusetts Department of Agricultural Resources — Farmers Market Regulatory Resources. mass.gov regulatory resources →

What the regulatory hub covers

• The MDAR Policy for Massachusetts Farmers Markets sets the baseline expectations for vendors and market managers across the Commonwealth.
• Food Establishments at Events and Farmers Markets Q&A handles licensing for prepared foods, ready-to-eat items, and on-site cooking.
• Residential Kitchen Q&A covers what can be made and sold from a home kitchen — Massachusetts has its own residential kitchen rules separate from cottage food laws elsewhere.
• Shellfish sales at farmers markets follow a separate state policy with their own Q&A document.
• Food labeling requirements cover what every packaged item must display — name, ingredients, weight, manufacturer.
• Safe egg handling guidelines specifically for backyard egg producers selling to the public.
• Organic labeling guidelines align with USDA NOP.
• Craft beverage sales (beer, wine, cider, mead) at farmers markets are handled through a separate Agricultural Event Certification.
• An Act Relative to Agricultural Commission Input on Board of Health Regulations (Chapter 321 of the Acts of 2020) gives local agricultural commissions a voice when boards of health draft farmers-market-relevant regulations.

Michigan Department of Agriculture and Rural Development (MDARD) — Farmers Market FAQ. michigan.gov/mdard FAQ →

Key rules

• Vendors selling whole, uncut fresh fruits and vegetables direct to consumers need no license — biggest carve-out for produce farmers.
• Cottage food operations are exempt if foods are non-potentially hazardous, prepackaged, properly labeled with "Made in a home kitchen that has not been inspected by the Michigan Department of Agriculture and Rural Development," and sold direct to consumer by the producer.
• Honey and maple syrup processors with gross sales of $15,001 or less are exempt from licensing; over that triggers full Michigan Food Law compliance.
• Shell egg producers with fewer than 3,000 hens, selling only direct to consumers (no internet, mail, or consignment), can sell with cartons labeled "Packaged in a facility that has not been inspected by the department" — eggs recommended at 45°F or less.
• Meat and poultry from the producer's own animals need processing at a USDA inspected facility plus an MDARD food license to store and sell; vendors who didn't raise the animals need a food establishment license.
• Raw milk and raw-milk products are prohibited; raw-milk cheese from a licensed Michigan dairy processor is allowed.
• Home-canned, home-pickled, or home-vacuum-packaged TCS foods are prohibited.
• Cut, sliced, shredded, or otherwise processed produce (including coleslaw base) requires production at a licensed location and must be held under refrigeration.
• Unpasteurized apple cider can be sold by licensed retailers if labeled with the FDA warning about harmful bacteria; custom-pressed cider must be pasteurized.
• Wild mushroom vendors must be certified through an MDARD-recognized foraging program; each individual mushroom must be expert-identified, with two-year recordkeeping.
• Garlic-in-oil and infused oils must be made at licensed plants with FDA acidification compliance.
• Animals (including dogs) are not allowed in licensed vendor spaces; service animals are an exception.

Minnesota Farmers' Market Association — Farmers' Market Academy, summarizing Minnesota Department of Agriculture (MDA), Department of Health (MDH), and Department of Revenue (MDOR) rules. mfma.org →

Key rules

• Minnesota uses two distinct paths to sell food without a state license: the "product of the farm" exclusion from licensing (for farmers selling what they grow) and the cottage food law exemption from licensing (for non-hazardous home-kitchen food).
• Cottage food operators must register with MDA and pass a food safety training; sales are capped and must stay direct-to-consumer.
• Sales tax in Minnesota is unusually complicated — items like jams and jellies are taxable at farmers markets but not at grocery stores; MDOR defines "food" terms differently than MDA or MDH.
• Every vendor must complete an ST-19 form for the market manager to keep on file for 3.5 years (markets don't file with the state).
• Hemp-derived food ingredients are now permitted under 2022 Minnesota legislation; THC and CBD edibles have their own framework through MDA's hemp food FAQ.
• Sampling (slicing, cutting, cooking on-site) requires a Safe Food Sampling Law-compliant handwashing station — the law was specifically updated for farmers markets.
• Scales used to sell by weight must be "legal for sale" certified — kitchen and shipping scales are not.
• Market Bucks and Produce Market Bucks (administered by The Food Group / Hunger Solutions Minnesota) match SNAP dollars up to $20 per visit at participating markets.
• Markets and direct-marketing farmers can both get SNAP/EBT authorization; the MFMA offers a group liability insurance policy through Advantage 1 Insurance.
• The "Selling Minnesota" guide series covers product-specific rules for meat, poultry, produce, rabbit, and shell eggs.

Center for Health Law and Policy Innovation at Harvard Law School — "Mississippi Farmers Markets: A Legal and Business Guide" (Prepared April 2009, Updated April 2011). Compiled with the Delta State University Institute for Community-Based Research and the Delta Directions Consortium. CHLPI Mississippi legal guide (PDF) →

Key rules

• Non-profit status: 501(c)(3) farmers markets file Articles of Incorporation with the Mississippi Secretary of State ($50 fee, Form F0001), draft by-laws, register with the Secretary of State as a charitable organization ($50 annual fee), and apply for IRS exemption via Form 1023 ($400-$850). Mississippi Center for Nonprofits (msnonprofits.org) provides training and assistance. 501(c)(5) is an alternative for "agricultural and horticultural organizations" — exempt from federal income tax but without tax-deductible donations.
• Food safety primary authority: Mississippi Department of Health (MSDH) for processed foods, MDAC and USDA for fruits, vegetables, meat, dairy, and eggs. Mississippi adopted the FDA 2009 Food Code with state-specific modifications.
• Whole, fresh, unmodified fruits and vegetables can be sold without a permit. All prepared foods (bread, jam, canned vegetables, pickles) must be produced in MSDH-certified kitchens — home kitchens generally cannot be certified. Potentially Hazardous Foods (PHFs) must be processed in certified facilities and require a permit.
• PHF examples: meat, poultry, fish, shellfish, eggs (except pasteurized), cooked vegetables, dairy products, mushrooms, raw seed sprouts, cut melons, cut leafy greens, cut tomatoes, untreated garlic-in-oil mixtures, refrigerated baked goods (custard or cream-filled).
• Non-PHF examples: jams, jellies, sweet sorghum syrup, preserves, fruit butter, fruit pies, air-cooled hard-boiled eggs, and shelf-stable baked goods. Still must be prepared in certified kitchens.
• Food labels must include manufacturer/packer/distributor name and address, common name of food, ingredients in descending order by weight, major food allergens, accurate quality declaration, net weight or count, "consume by" date for ready-to-eat PHFs, and "fresh" only for raw, unfrozen, unprocessed foods.
• Eggs: producers selling fewer than 6 dozen/week or selling their own home-produced eggs only need name/address on container, refrigeration at 45°F, and a safe-handling label. Operations with under 3,000 hens must ensure eggs meet AA/A/B grading and label with consumer grade, size class, "eggs," count, producer name and address, grade date, and "keep refrigerated." Over 3,000 hens triggers heightened FDA production rules.
• Meat from cattle, sheep, goats, rabbits, or pigs sold at markets must be slaughtered and processed at a state- or federally-inspected and licensed facility. Poultry under 20,000 birds is exempt from inspection but must be labeled "Exempted--P.L. 90-492"; under 1,000 birds is not federally regulated. Meat must be held at 45°F or below and requires an MSDH permit.
• Dairy follows the Pasteurized Milk Ordinance — all milk and milk products must be pasteurized; producers and sellers need a permit from MSDH.
• Organic certification: USDA-accredited certifier required, except producers under $5,000 in annual organic sales who can register directly with MDAC and call products "organic." MDAC contact: Kevin Riggin, 601-359-1138, kevin@mdac.state.ms.us.
• Certified Farmers Market program through MDAC: free voluntary certification. Markets must have at least 50% Mississippi-grown products, a grower or grower representative present during their hours of sale, and operate as a grower's association, certified non-profit, or government entity. Major benefit: all food products grown, made, or home-processed in Mississippi sold at certified farmers markets are exempt from state sales tax per Miss. Code Ann. § 27-65-103(f). Contact: Donna West, MDAC, 601-359-1118.
• Sales tax: Mississippi state sales tax is 7%. At uncertified markets, raw fruits/vegetables/eggs/milk/poultry/fish/meat sold by their original producer are exempt as "original state" goods. Jams, jellies, baked goods, breads, and pasteurized milk at uncertified markets ARE taxable. Food stamp purchases are always exempt regardless of certification.
• SNAP/EBT: vendors apply through USDA FNS for authorization. Through MDHS and MDAC, free wireless EBT machines are provided to authorized Mississippi farmers and farmers markets — Markets often use a token system where the central market booth processes EBT and issues tokens that vendors redeem. Manual paper vouchers are an alternative. Contact: Purvie Green, MDAC, 601-359-1168.
• WIC Farmers Market Nutrition Program: $15/season per recipient in Bolivar, Hinds, Holmes, Lauderdale, Noxubee, Sunflower, and Warren Counties. Vouchers are $3 each, redeemable June/July through October. Vendors complete an FMNP training session and submit the FMNP Farmer Application/Agreement.
• Senior Farmers Market Nutrition Program (SFMNP): $28/season per senior 60+, distributed in June/July at feeding sites and home-delivered meal programs. Active in 13+ counties including Adams, Carroll, Desoto, Forrest, Harrison, Hinds, Holmes, Lawrence, Leflore, Lowndes, Marion, Oktibbeha, and Walthall.
• Insurance: commercial general liability covers bodily injury, property damage, and personal/advertising injury; product liability is an optional but important add-on covering injuries from food sold at the market. The guide notes Mississippi Delta market premiums of $143-$2,000 annually with $1-$2 million aggregate liability limits.
• Funding sources: USDA Farmers Market Promotion Program (up to $100,000), Sustainable Community Innovation Grant via Southern SARE (up to $10,000), Farm Aid (up to $20,000), W.K. Kellogg Foundation (up to $500,000), USDA Specialty Crop Block Grant via MDAC, and various federal-state marketing and rural development programs.
• Local health departments listed for Bolivar, Coahoma, DeSoto, Holmes, Leflore, Panola, Quitman, Sunflower, Tunica, and Washington Counties (Mississippi Delta region) with contact details.
• Weights and measures: scales used commercially must be certified and inspected by MDAC's Weights and Measures Division (601-359-1149).

Two Missouri county-level sources: Clay County Public Health Center (Liberty, KC metro) and Cape Girardeau County Public Health Center (southeast Missouri). For statewide guidance, look to the Missouri Department of Health and Senior Services and the Missouri Department of Agriculture. Clay County requirements (PDF) → | Cape Girardeau County rules →

Clay County (Liberty / Kansas City metro)

• Whole, uncut fresh fruits and vegetables can be sold without permit; must be stored at least 6 inches off the ground.
• Cutting or sampling produce requires a food permit from CCPHC.
• Jams, jellies, and honey are exempt from inspection if annual sales are under $30,000 (under RSMo 261.241), sold direct to consumer, with proper labeling and a placard.
• "Sugar-free" or "no sugar added" jams and jellies don't qualify for the exemption — those need an inspected facility.
• Eggs require an MDA license but no CCPHC food permit; cartons must show producer name and address; held at 45°F or less.
• Meat and poultry must be USDA or MDA inspected with the inspection mark on every package, sold frozen with a mechanical freezer; wild game and exempted products are banned.
• Canned salsa, pickles, vegetables, and similar foods must come from a manufacturer who's had a process review and attended Better Process Control School — DHSS and FDA compliance required.
• Shaved ice, snow cones, and ice cream require a Temporary Food Establishment (TFE) permit.
• Raw milk and raw-milk products can only be sold at the dairy farm — never at a Clay County farmers market.
• Cottage foods are prohibited at Clay County farmers markets, despite being permissible elsewhere in Missouri under RSMo 196.298.1.
• Bare-hand contact with ready-to-eat food is banned; gloves, utensils, tongs, scoops, or deli tissue required.

Cape Girardeau County (1121 Linden St, 573-335-7846)

• A farmers' market is classified as a temporary food establishment under Missouri Food Code; the health department uses Missouri Food Code rules and follows up locally.
• The standard Cape Girardeau County Food & Beverage Permit requires hot and cold water under pressure — usually impractical at outdoor markets — and the alternative $30/event permit becomes expensive over a season.
• Cape Girardeau County Farmer's Market Vendor Permit: $60 annual flat fee, allows a vendor to operate at any Cape Girardeau County farmers market without buying additional permits. Limited to farmers markets and "farmer market-like events."
• No permit required: whole uncut fruits and vegetables (excluding sprouts), nuts in the shell, prepackaged non-TCS food.
• No permit but labeling/signage required: jams, jellies, honey, dry baked goods (cakes, cookies, brownies, fruit pies), spices/dry mixes/cracked nuts, candies.
• No permit but verification of approved source/license required: USDA/MDA-inspected jerky, commercially processed acidified foods (salsa, relish, BBQ sauce, pickles), commercially processed Grade A pasteurized dairy.
• Sale prohibited at retail/farmers market: home-canned items (fruits/vegetables, salsa, relish, BBQ sauce, pickles), home-baked TCS items (custards, cream pies, meringue pies, cheesecake), raw milk/cream/dairy, eggs from unlicensed source, meat from unapproved source (including wild game and custom-exempt processed meats), sprouts from unapproved source.
• Permit and inspection required: on-site preparation/cooking, custards/cream/meringue pies, cut fish, repackaged or further-processed meat, sampling of TCS food, whole intact local-water fish, frozen meat from inspected source, eggs from licensed source, USDA/MDA-inspected commercially raised wild game.
• Permit + inspection + approved source + HACCP + state approval required: reduced oxygen / vacuum / modified-atmosphere / controlled-atmosphere packaging, sous vide, cook-chill, smoking for preservation, curing, additives to render food non-PHF, sprouts, shellfish, seafood tank, juices.
• Packaging label requirements (foods with more than two ingredients): common name, ingredient list in descending order by weight, quantity (weight, volume, or pieces), business name and complete address. Health claims like "heart healthy," "low fat," or "sugar free" must be substantiated by nutritional facts.
• All food must be protected from rain, dirt, pests, and chemicals — overhead covering required, food kept off the ground, away from chemicals; air curtains/screening/fans for insect control when needed.
• Hand washing: hot potable running water, hand soap, disposable towels, waste container, accessible to all vendors at all times. Vendors must wash hands at least 20 seconds; hand sanitizer doesn't replace hand washing.
• Dishwashing for multi-use utensils: wash, rinse, sanitize, with proper chemical sanitizer and test kit; air-dry only.
• No bare-hand contact with ready-to-eat foods; tongs, spoons, deli tissues, or single-use gloves required.
• No smoking, eating, or drinking in food preparation or service areas.
• State contacts: Missouri Department of Agriculture (573) 751-4211; Eggs (573) 751-5639; State Milk Board (573) 751-3830; MO Department of Health and Senior Services (573) 751-6400.

Montana Department of Public Health and Human Services — Farmers' Market Guidelines (Revised March 2022). DPHHS Farmers Market Guidelines (PDF) →

Key rules

• Selling potentially hazardous food at a farmers market requires a retail food establishment license under MCA § 50-50-121, but the Montana Local Food Choice Act creates a separate path for homemade food.
• The Local Food Choice Act (MCA § 50-49-203) allows producers to sell homemade food directly to informed end consumers without licensing, packaging, labeling, testing, or inspection — transactions must be in-state, direct-to-consumer, and producer must inform the consumer of the unregulated status.
• Markets keep registration records (name, address, phone, products sold, dates) for all vendors not separately licensed; records must be available to the local sanitarian.
• Non-potentially-hazardous foods that can be sold without a license include loaf breads, rolls, biscuits, quick breads, muffins, cakes with stable frostings, pastries, scones, cookies, crackers, cereals, granola, nuts, snack mixes, fruit pies, dried fruits, jams/jellies/fruit butters from specified fruits, dry herb and tea blends, popped popcorn, popcorn balls, cotton candy, fudge, candies, and molded chocolate.
• Specifically exempt: whole shell eggs (clean, uncracked, in clean cartons at <45°F); hot coffee or tea without fresh milk or cream; whole fruits, vegetables, raw honey, and grains in their unaltered state.
• Wild mushrooms are NOT exempt from food licensing — they need approval and licensing.
• Salsas, pickles, salad dressings, herb-in-oil/vinegar mixtures, sauerkraut, and pepper jelly all require a food license — must be processed in a locally approved and licensed facility.
• Cream pies, custard pies, cheesecakes, and other potentially hazardous baked goods require local approval and a food license.
• Locally produced poultry or meat must be slaughtered and processed at a Montana Department of Livestock-licensed plant under inspection; vendor needs either a DPHHS retail food license or a county-issued temporary food permit.
• Produce dealer license from the Montana Department of Agriculture is required if annual gross retail produce sales exceed $25,000 (under the Montana Produce Act, MCA 80-3-301), or if produce is brought from out of state for retail sale.
• CBD and THC are prohibited in food at farmers markets — Montana law does not allow CBD extracts in foods or dietary supplements regardless of source.
• Catnip is not an approved food ingredient — teas containing catnip can't be sold.
• Field-rinsing produce to remove soil isn't processing; washing produce to sell as ready-to-eat (like bagged lettuce mix) is processing and triggers licensing.

Nebraska Department of Agriculture — Food Safety and Regulation Requirements for Farmers Markets & Craft Shows (March 2021). NDA Food Safety Requirements (PDF) →

Key rules

• Operating any food establishment requires a permit under the Nebraska Pure Food Act (Section 81-2,245.01), but several categories are exempt at farmers markets.
• Permit-free items: whole uncut produce; baked goods (rolls, breads, cookies, cupcakes, non-dairy-filling pies, granola) — placard required; traditional jams and jellies — placard required; eggs from local producers (with a free NDA "egg number," held at 45°F); commercially packaged snacks and canned soda; fresh and dried herbs.
• Permit required for: home-canned products (meats, fruits, vegetables, pickles, all low-acid canned foods), salsa, raw milk and raw-milk dairy, meat/poultry/game meat, cheese, cream pies and other dairy-based-filling pies, butter spreads like apple butter, and jalapeño-or-other-added-ingredient jams.
• Vegetable jellies like rhubarb jelly made with pectin (not gelatin) are permit-free; gelatin-set jellies are not.
• Permit types: Temporary food establishment (one-off prepared food/drinks); Itinerant food vendor (prepackaged TCS items including meat); Mobile food unit/pushcart (with a commissary permit); Limited food service establishment (commercially packaged microwavable items).
• A "single event food vendor" exemption exists for one-event-per-year, two-day vendors — no permit, but a waiver form is required.
• Red meat must be slaughtered, processed, and packaged under USDA inspection (not custom-exempt); retail-exempt processing through a custom plant requires the plant to hold an NDA "retail establishment" permit (03A) plus an itinerant food vendor permit.
• Poultry must be slaughtered at a USDA facility or state-inspected facility for own-raised birds, with USDA exemption statement.
• Game animals (rabbits, fish, buffalo, pheasants) need an NDA permit; USDA inspection isn't required since they're not USDA-amenable.
• Eggs from your own flock need an NDA Egg Code Number, must be clean, candled, held at 45°F or below, and labeled with owner name, address, and Egg Code Number.
• Morel mushrooms and sprouts have specific guidelines — call NDA Food Safety and Consumer Protection Focus Area at 402-471-3422.
• Handwashing required when slicing or cutting produce for sampling.

Southern Nevada Health District — What Farmers' Market/Swap Meet Managers Need to Know (about cottage food operations under NRS Chapter 446). SNHD farmers market managers guidance →

SNHD market manager guidance for cottage food operators

• Cottage food operation defined under NRS 446: a natural person who manufactures or prepares food items in a non-food-establishment setting (typically a home kitchen) for direct sale to an end consumer, with the kitchen not inspected by a governmental entity.
• Permitted cottage food product list (shelf-stable only): nuts and nut mixes; candies; jams, jellies, and preserves; vinegar and flavored vinegar; dry herbs and seasoning mixes; dried fruits; cereals, trail mixes, and granola; popcorn and popcorn balls; baked goods that are non-PHF, contain no cream/uncooked egg/custard/meringue/cream cheese frosting or garnishes, and don't require time/temperature controls.
• Operator must register with the health district before producing and selling.
• Product must be durably packaged with specific labeling and a warning statement (per NRS 446 requirements).
• All sales must be direct to the end consumer — no resale. Allowed locations: the operator's private property, the manufacturing site, or farmers markets, flea markets, swap meets, church bazaars, garage sales, and craft fairs.
• To preserve the cottage food permitting exemption at health-district-regulated venues like farmers markets and swap meets, the food must remain in its durable packaging with proper labeling.
• Food samples from cottage food operations must be individually pre-portioned in closed disposable containers, prepared at the cottage food kitchen — open product sampling is NOT allowed under Nevada law.
• Manager responsibilities: ask each cottage food vendor for proof of registration; ensure the food is on the approved list, packaged, and labeled per NRS 446; do not permit open sampling; list each cottage food operation on applications/notifications to the health district.
• SNHD Environmental Health contact for questions: (702) 759-0588; permits and regulations general line (702) 759-0500.

Farmers' Market of Keene, summarizing NH state contacts. Keene FM reference sheet (PDF) →

What the reference points to

• NH Department of Agriculture, Markets & Food (DACF) and NH Department of Health and Human Services (DHHS) are the two main state regulators.
• Selling dairy, eggs, meat products, or prepared foods requires meeting the NH Bureau of Food Protection (DHHS) requirements: 603-271-4858. Keene-area vendors of these products also need a Class III Health License through the City of Keene Health Department (other municipalities would have their own analog).
• Vendors selling by weight need a scale that's "legal for trade" and certified by the NH Bureau of Weights & Measures (NH DACF, 603-271-3700).
• Trade name registration goes through the NH Secretary of State (603-271-3242).
• Prepared meal foods (sandwiches, soup) trigger the Room & Meals Tax through the NH Department of Revenue Administration (603-271-2318).
• Non-food vendors need a New Hampshire Business tax number from the Department of Revenue Administration.
• Packaged products (preserves, baked goods, etc.) must comply with NH Bureau of Food Protection labeling requirements; FDA requirements may also apply.
• Inspection of eggs, apples, cider, potatoes, honey, and maple products for grade and quality goes through the NH Bureau of Markets (NH DACF, 603-271-3685).
• The NH Seal of Quality and Certified Organic programs are administered by the Bureau of Markets.
• The NH Farmers' Market Nutrition Program (FMNP) coupons use a bulk purchasing model; contact Gail McWilliam Jellie at NH DACF.

New Jersey Department of Agriculture, Division of Marketing and Development — Basic Guidelines for Establishing a Community Farmers Market. nj.gov NJDA →

What the page covers

• The page is "Basic Guidelines for Establishing a Community Farmers Market" — for someone planning a new market, not for vendors looking up product rules.
• Site selection criteria: central, accessible, enough parking and truck space, highly visible.
• Possible site types: urban renewal areas, streets, parking lots, parks, open airy spaces.
• Establish a fee structure (set stall fee, daily, monthly, or seasonal); appoint a market manager responsible for operations and answering questions.
• Discourage backyard gardeners from undercutting farmer-vendors with give-away surplus prices.
• Active season-long promotion is recommended.
• For vendors: contact individual market managers to apply.
• WIC and Senior Farmers Market Nutrition Program (FMNP) is administered through NJDA at 609-292-5536.
• SNAP authorization goes through USDA Food and Nutrition Service at 609-259-5150.
• Separate NJDA "Guide for Selling Prepared Foods at Farmers Markets" (Chapter 24 PDF) and a "How to Start a Farmers Market" PDF cover deeper specifics.

New Mexico Farmers' Marketing Association — Food Processing & Permits. newmexicofma.org →

Key rules

• NM HB177, the Homemade Food Act (effective July 1, 2021), allows non-TCS homemade food sales direct-to-consumer in-state, with an NMED-approved food handler card and specific kitchen, transport, and labeling rules. Private markets are free to disallow these foods.
• Fresh fruits and vegetables: no permit required statewide except in the city of Albuquerque, where vendors need a Growers' Market Permit from the city's Environmental Health Department — $15 for raw produce/honey, $50 for processed/eggs/meat/seafood. One permit covers all Albuquerque member markets.
• Cut fresh fruit and vegetables are TCS and don't fall under the Homemade Food Act; cutting in a home kitchen for sale at a market is prohibited.
• Organic certification requires a USDA-accredited certifier through the NM Department of Agriculture Organic Program; producers grossing under $5,000/year are exempt and may use "organic" if following organic practices.
• Dairy facilities need a current Grade A Permit from NMDA Milk Inspection Division.
• Ungraded eggs: free registration with NMDA, no license. Graded eggs: $10-$50 egg dealer license depending on production size.
• Pure honey is a raw agricultural commodity, no food processor permit needed; honey with herbs or other additives is regulated as processed food.
• Meat and poultry are regulated by the NM Livestock Board: must be slaughtered/processed at state or federal inspected plants. Meat must be held at 45°F or below; cutting after processing triggers "meat market" Food Service Sanitation regulation.
• Processed foods need an NMED food processor permit ($200 annual fee), production in a certified kitchen, and compliance with 7.6.2 NMAC. Low-acid or acidified canned foods also require federal FDA registration.
• Albuquerque Fire Department has its own rules for chile roasting at city growers' markets.
• Tribal-land producers fall outside NMED jurisdiction; if they sell on non-tribal land, NMED applies.
• Food service vendors (preparing food on-site for immediate consumption) need a Temporary Food Event Permit (free) in addition to processor permits.

New York State Department of Agriculture and Markets — Operating a Farmers' Market. agriculture.ny.gov →

What the page covers

• No state permit needed to start a market, farm stand, or mobile market — local municipality permits may apply.
• State recommends starting with the Farmers' Market Federation of New York's Guide to Developing a Community Farmers Market.
• The Farmers' Market Manager Certification Program is offered through Cornell University, Cornell Cooperative Extension of Broome County, SUNY Cobleskill, and the Farmers' Market Federation of NY, funded by the FreshConnect Program.
• NYS Farmers' Market Nutrition Program (FMNP): coupons for WIC participants and low-income seniors to spend on locally grown fresh fruits, vegetables, and culinary herbs at participating markets, farm stands, and mobile markets. Free to enroll annually with a March 30 application deadline for the printed schedule.
• FMNP-eligible items include berries, stone fruits, apples, salad greens, peppers, tomatoes, garlic, potatoes, squash, and culinary herbs. Excluded: imported produce, prepared foods, baked goods, jams, jellies.
• FreshConnect Checks Program: $2 paper coupons matching SNAP purchases at NY markets; markets must operate a central SNAP terminal using tokens, complete free training, and follow program Rules and Procedures.
• Farmers' Market Designation Program: legal basis under Sections 76.5 and 51.5 of the NY Alcoholic Beverage Control Law for NY State wineries, micro/craft breweries, cideries, and farm distilleries to sell their products by the bottle at designated markets.
• NY State farm breweries that source 20%+ of brewing ingredients from NY farms don't need an SLA permit at designated markets; other NY craft breweries need a "no fee" permit.
• Alcohol sales restricted to Sunday 10am-midnight only.
• NYS Wireless EBT Program reimburses farmers and markets for SNAP terminal fees and equipment via the Farmers Market Federation of New York.

North Carolina Department of Agriculture and Consumer Services — State Farmers Market Farmers Area Guidelines (effective January 1, 2016). NCDA&CS State Farmers Market guidelines (PDF) →

Raleigh State Farmers Market rules

• Use of the Farmers Area is restricted to growers — no resale from wholesale houses, the Truckers Shed, the Market Shoppes, nurseries, or other unapproved outside sources.
• Returning growers must meet annually with market staff and provide a written production plan, returning vendor application, and FSA 578 Forms; farm visits may be required.
• To qualify for two spaces, growers need to bring at least 300 packages per week; outside-state certified growers pay double rate and must sell only their own products.
• Daily/weekly fees paid at the gatehouse; bypassing the gatehouse means a 4× normal gate fee plus $2/day late fee per space.
• Plants aren't allowed in produce areas without management approval; commercially manufactured farm, craft, and baked goods are prohibited.
• Value-added products like jams or pickles require the vendor to also produce the raw ingredient, plus proper certification (acidified food license, kitchen inspection) — N.C. Food & Drug Protection inspects, 919-733-7366.
• Honey vendors fill out a separate honey application; vendors must be approved members of the Goodness Grows in North Carolina (GGINC) Program.
• Use of "Organically Grown" or "Pesticide Free" requires documentation reviewed by market management before signage goes up.
• Three-tier grower designations: A (Grower-Seller, sells only what they grow), B (Grower-Buyer-Seller, may buy FSA-certified product from up to 3 NC growers and the NC Farmers Wholesale Area, must produce at least half), C (Grower-Designated Seller, designates someone to sell their own product).
• Forklifts require an operator certification (NC Industrial Commission/OSHA) and proof of liability insurance, $360/year or $50/month to keep one on the market.
• Penalties: 1st offense written warning; 2nd offense 30-day market ban; 3rd offense banned through January 1 of the following year.

North Dakota Department of Agriculture — "Farm to Market: North Dakota's Guide to Selling Local Food" (hosted via Northern Plains Sustainable Agriculture Society). ND Farm to Market guide (PDF) →

Statewide foundation

• No business license is required by ND state law for occasional summer farmers market sales. Business name registration is optional ($25, five years) through the ND Secretary of State.
• Sales tax permit required for vendors selling taxable items — free, with mandatory annual or more frequent filings. Apply at nd.gov/tax/salesanduse.
• NOT taxable: fresh produce sold to be cooked or consumed later; bakery items (bread, rolls, muffins, cookies, bars) unless sold heated or with eating utensils; food sold to schools for lunch programs; purchases made with Food Stamps or WIC vouchers.
• Taxable: prepared food (heated, mixed, or sold with eating utensils), meals/sandwiches/food intended for on-premises consumption.
• Special-event reporting: farmers markets are "special events" per ND Tax Department. Markets with 10+ vendors must submit a Special Event Vendor Listing within 20 days of the event; failure to report can incur a $250 penalty. Markets with fewer than 10 vendors aren't required to submit but should notify the Tax Department.
• Income reporting: any income from product sales must be reported to the IRS regardless of sales tax obligations.
• Insurance: ND doesn't require farmers market vendors to carry insurance (except auto), but markets, cities, or property owners often require proof. Homeowner's or farm policies may not extend to direct farm marketing — ask your agent specifically about farmers market sales, agri-tourism, U-pick, deliveries, and product liability.
• Vegetable irrigation: per HB 1286 (2009), commercial gardens of 5 acres or less don't require an irrigation permit from the ND State Water Commission.
• Statewide produce rule: all uncut/unsliced produce can be sold at any ND market.
• Statewide bakery rule: baked goods can be sold if they don't contain potentially hazardous ingredients (no kuchen, cream pies, or items requiring refrigeration). Items sold with eating utensils are taxable.
• Jams and jellies (high sugar) are okay statewide. Pickles vary by county — check locally.
• Eggs: direct farm-to-consumer sales require no permit. Sales to consumers, grocery stores, or schools require an ND Department of Agriculture permit ($5, 701-328-2231 / Wayne Carlson 701-328-4761) after farm inspection. Eggs at market: refrigerated at 41°F ambient or less, in new cartons (after sanitizing and candling), separate from other dairy.
• Poultry: up to 1,000 processed chickens annually can be sold from-farm without inspection. With ND Department of Agriculture exemption (and quarterly facility inspection), up to 20,000 birds annually. Fresh poultry at 41°F or less; frozen at 0°F. Label: producer name, address, "Exempt P.L. 90-492." Non-inspected poultry CANNOT be sold to retail grocery stores or food service facilities.
• Meat: must bear USDA or ND state inspection mark — meat-processing must occur at an inspected plant. Retail meat license required from the ND State Health Department Food and Lodging Division (701-328-1291 / 800-472-2927). 15 state-inspected plants in ND. State-inspected meat currently can't be sold across state lines. Fresh meat at 41°F; frozen at 0°F. Standard safe-handling label required. Contact: Dr. Andrea Grondahl, DVM, 701-328-4762 or 800-242-7535.
• Fish: only commercially farmed or legally caught/harvested fish may be sold.
• Mushrooms: wild-harvested species require individual inspection by an approved mushroom identification expert.
• Statewide "no-no's": no canned meats, no canned vegetables, no wild game, no raw seed sprouts, no raw milk or raw-milk products, and no cut-vegetable samples or sampling without permission and proper training within your health district.
• Donated food: ND Century Code 19-05.1-01-05 lets gleaners donate perishable items to local food pantries for free distribution; health departments can inspect on request.
• Buy/sell items (resold under a different label) require licensing as a manufacturer or processor; packaging must occur in a licensed and inspected facility, with full labeling.
• PACA license: any person buying or selling more than 2,000 pounds of fresh or frozen fruits/vegetables in a day must be licensed under the Perishable Agricultural Commodities Act. Retail sellers need PACA once invoice costs of fresh/frozen fruits/vegetables exceed $230,000/year. Toll-free: 800-495-7222.

County / district overlays — selected highlights

• Restrictive on restaurant sales: Upper Missouri District (Williams, Divide, McKenzie, Mountrail Counties + Williston) — only grocery stores and schools may purchase from farmers; restaurants cannot. Southwestern District (Adams, Billings, Golden Valley, Bowman, Slope, Dunn, Hettinger, Stark Counties + Dickinson) — grocery stores can purchase from markets; restaurants cannot. Upper Missouri allows ONLY whole fruits and vegetables at markets; Southwestern adds pickles, jams, jellies, and bakery items.
• Bismarck Fire Department requires permits for food sales: $75/year, prorated to $37.50 after July 1. Markets can hold a single permit and police vendors, or vendors can hold their own. Mel Fischer, Department of Environmental Health, 701-355-1400. Allowed with proper handling: whole fruits/vegetables, honey, baked goods (no kuchen, cream pies, or refrigeration-required). NOT allowed in Bismarck: eggs, meat, dairy, cheese, canned foods.
• Grand Forks Public Health requires registration AND regular inspections — and is the most restrictive on home-prepared items: only whole fruits and vegetables allowed without inspection. Pickles, jams, jellies, bakery, and prepared foods are NOT allowed (except nonprofit bake sales prepared in church kitchens). All canned, baked, and prepared foods must come from inspected commercial kitchens.
• Fargo Cass Public Health doesn't require permits or do regular inspections; allows whole fruits/vegetables, pickles, jams, jelly, honey, and bakery items. Beef, poultry, fish, dairy/cheese, eggs, and prepared foods like sandwiches are allowed with appropriate state/federal inspection.
• Custer Health (Morton, Mercer, Grant, Oliver, Sioux Counties + Mandan) is among the most permissive: whole fruits/vegetables, bakery items, dairy/cheese, honey, eggs, pickles, jams, jellies all allowed without permit. Beef, poultry, and fish allowed with inspection. Bakery items must be free of potentially hazardous ingredients unless 100% of proceeds support a non-profit.
• Lake Region District (Ramsey, Benson, Pierce, Eddy Counties + Devils Lake) does regular inspections without permits. Whole vegetables/fruits, eggs, jams/jellies, and bakery items allowed with proper handling.
• First District (Bottineau, Burke, McHenry, McLean, Renville, Sheridan, Ward Counties + Minot): no permit unless selling more than whole raw fruits and vegetables, in which case a department license is required. Beef, poultry, eggs, dairy, pickles, jams, and prepared foods allowed with inspection.
• Towner County allows prepared foods like sandwiches at markets — but no beef, poultry, fish, dairy, eggs, or pickles.
• No-permit, no-inspection counties (relying on state default): Barnes/Valley City, Cavalier, Foster, Kidder, Richland, Rolette, Sargent, Walsh, plus Traill County and Central Valley Health District (Stutsman, Logan + Jamestown).
• Statewide contact for unclear situations: ND Division of Food and Lodging — Kenan Bullinger (kbulling@nd.gov), Debra Larson (djlarson@nd.gov), 701-328-1291.

Ohio Department of Agriculture, Division of Food Safety — Farm Market resources (page returned a 502 at fetch time; details summarized from OSU Extension Farm Office and Ohio Farm Bureau, citing ODA rules). agri.ohio.gov farm market →

Key rules

• Voluntary Farm Market and Farmers' Market registration with ODA's Division of Food Safety — free, exempts qualifying vendors from a local health department retail food establishment license. Contact ODA Food Safety at 1-800-282-1955.
• Cottage Food Operations (Ohio Revised Code §3715.01(A)(19)) cover non-potentially-hazardous baked goods made in a home kitchen — ODA license not required if you stay on the cottage food list.
• Ohio cottage foods include cookies, breads, brownies, fruit pies, cakes, unfilled baked donuts, granola, pizelles, candies, jams, jellies, fruit butters, popcorn, dry cereal, nut and snack mixes, dry baking mixes, dry herbs, seasoning blends, and tea blends.
• Cottage food labels must include "This Product is Home Produced" and ingredient/allergen information.
• Home Bakery License from ODA is required for "potentially hazardous" baked goods — cheesecakes, custard pies, filled donuts, cream pies, anything that needs refrigeration. Annual fee $10. Inspection required.
• The Low Risk Mobile Retail Food Establishment (Low Risk MRFE) license, effective February 12, 2024, is a new lower-risk license for vendors selling pre-packaged eggs, meats, and certain home-produced foods. Fee is 50% of the local health department's high-risk MRFE fee.
• MRFE vendors must refresh ice/ice packs/gel packs/dry ice every four hours, keep a working thermometer in each cooler, and document temperature. Gel packs and dry ice are preferred for paper-packaged foods.
• Cottage foods sold at farmers markets, farm markets, registered farm product auctions, political-subdivision-sponsored festivals, or direct from the producer's residence don't need an MRFE license.
• Meat and eggs sold at farmers markets need a retail food establishment license from the local health department; meat must come from a USDA or ODA inspected facility.
• Honey, properly labeled maple syrup, and sorghum can be sold without license; certain commercially prepackaged non-hazardous foods are allowed up to 100 cubic feet of vendor space.
• Acidified or low-acid canned foods require a process authority review, Better Process Control School attendance, FDA cannery registration, and a registered facility — applicable rules in OAC 3717-1, OAC 901:3-4, OAC 3701-21, and ORC 3717.
• Frozen meat warehouse registration with ODA carries an annual fee of $50+ depending on facility square footage.

Oklahoma State Department of Health and Oklahoma Department of Agriculture, Food, and Forestry — Farmers Markets Guidelines. OK farmers market guidelines (PDF) →

Key rules

• Oklahoma defines a farmers market (OAC 310:257-1-2) as a designated area where farmers, growers, or producers from a defined region gather on a regularly scheduled basis to sell non-potentially-hazardous farm food products and whole shell eggs at retail. A portion of raw ingredients in any product must have been grown or raised by the vendor.
• A farmers market must have written operation guidelines, at least six vendors, and a designated market manager or advisory board, and must register with the Oklahoma Department of Agriculture, Food, and Forestry (ODAFF).
• Markets must comply with Food Service Establishment Regulations (OAC 310:257) and Good Manufacturing Practice (OAC 310:260).
• Individual farmers selling unprocessed fruit and vegetables from their farm, roadside, or truck don't fall under this farmers market definition.
• All meat at a farmers market must be sold from a licensed mobile food unit.
• Eggs must be properly graded and labeled per ODAFF regulations, held at 45°F, and not sold if older than 45 days.
• All dairy products must be produced in an Oklahoma Department of Agriculture-licensed facility.
• No temporary licenses are issued at farmers markets — vendors need permanent licensing.
• Vendors selling packaged or processed foods, third-party-resold products, or operating mobile food service units need an OSDH or municipal license.
• Made in Oklahoma processed/manufactured products are allowed without additional license if prepared in an OSDH-licensed facility under the vendor's individual processor license, with the vendor selling only their own products including some self-grown raw ingredients.
• No sampling of any kind is allowed without OSDH approval — and approved sampling needs OSDH or ODAFF licensed facility prep, hand-washing access, single-use utensils or gloves, individual single-use portion containers (no community containers), and contamination protection.
• Products must be stored 6 inches off the ground; spoiled or decomposing produce isn't permitted.

Oregon Farmers Markets Association — Market Rules and Regulations. oregonfarmersmarkets.org →

What OFMA covers

• No state permit required to start or operate a farmers market in Oregon — check with city or county for local permits, and if using government-owned property, expect a contract, lease, or street-closure permit.
• Sampling at farmers markets doesn't require a state or county license or permit; Food Handler Cards are not required just for sampling.
• Markets and vendors must follow general food safety practices when sampling; OFMA publishes a sampling toolkit covering safe sampling practices.
• Single-use bag rules took effect statewide on January 1, 2020 — see DEQ's Bag Guide and OFMA's Single Use Bag Guide for what bags markets and vendors can offer customers.
• Free speech at markets is governed by First Amendment considerations — OFMA links to the Center for Agriculture and Food Systems factsheet on what restrictions markets can place on leafleting, political campaigning, and protesting.
• For detailed product-category rules (meat, dairy, eggs, produce safety), vendors look to ODA Food Safety, ODA Plant Industry Division, and Oregon Health Authority.

Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services — Farmers Market and Farm Stand Guidelines (Revised February 2026). PDA farmers market guidelines (PDF) →

Key rules

• Retail food facilities — including farmers markets and retail farm markets/stands — are required to be licensed and inspected by either PDA or a local/county health department.
• Vendors selling only raw fruits and vegetables (harvested but not processed in any way) are exempt from licensing.
• Vendors selling pre-packaged shelf-stable items (baked goods, jams, candy, canned pickled foods, bottled juices, apple cider, honey) are exempt from license fees but still need to apply and be inspected.
• License options: single-market Farmers Market license; Temporary Food License (up to 14 days at one address per calendar year); Mobile Food Facility License (movable stand/unit/truck across multiple markets).
• Mobile licenses require complete tear-down at each market site, the actual license present in the stand during operation, and separate licenses for multiple stands operating the same day.
• License fees: $103 new retail food facility, $82 annual renewal/ownership change/additional same-day stands, $14 for temporary licenses up to 14 days.
• Home-prepared shelf-stable foods (non-TCS) require a Limited Food Establishment registration with PDA — application before production, no pets in the home, applies to baked goods, jams, candy, canned pickled foods, apple cider, and honey.
• Refrigerated/frozen foods must hold at 41°F or lower; off-site coolers, storage lockers, and on-farm warehousing need Food Establishment registration.
• All meat must come from a USDA-inspected manufacturer with proper labeling (USDA stamp, safe handling, food name, manufacturer); USDA-exempt poultry/rabbit/other meat processors (1,000 birds or fewer) need PDA Food Establishment registration and inspection.
• All milk including raw milk must come from a permitted manufacturer.
• Egg producers with more than 3,000 laying hens register with PDA and are inspected at the farm. Smaller producers must sell within 5 days of lay, distribute within a 100-mile radius, hold eggs at 45°F or below within 24 hours, and label with name/address, lay date, "eggs," net contents, "Keep Refrigerated," and safe handling instructions.
• Mixed-size or unweighed eggs must be labeled "Unclassified"; dirty, leaking, or cracked eggs must be removed before sale.
• Off-site egg sales (not from the production farm) require a Retail Food License since these are pre-packaged TCS foods.
• Bakery products made from scratch or mix and sold direct to consumer are exempt from packaged-food labeling, but ingredient information must be available at point of sale.

Rhode Island Department of Environmental Management, Division of Agriculture — RI DEM Farmers Market 2024 Policy. RI DEM farmers market rules (PDF) →

Vendor prerequisites

• RI DEM Farmers Market application required by April 15 each year before attending any DEM market; attendance at DEM staff discretion.
• RI farm vendors must complete the RI DEM Division of Agriculture Produce Safety Program enrollment form — the goal is RI GAP compliance for all produce farms at DEM markets.
• Comply with RI Department of Health regulations (use URI Extension's Decision-Making Tool for licensing) and provide proof of compliance to DEM Ag before attending.
• Provide a copy of product liability insurance to DEM Ag before participating; copies must be available on request.
• State markets cap non-agriculture/non-food vendors at 20% of total vendors.
• Scales used must be certified by an appropriate city or state official.
• Vendors agree to allow inspection of their farm/business to verify product origin; if origin is in question, DEM Ag prohibits the sale and may expel the vendor.
• No food vendor that competes with an existing vendor in the park or on state property is allowed.

Set-up, sanitation, and product rules

• Set-up before market opening; no driving through the market once open to the public.
• All four legs of each tent must be firmly secured to the ground with stakes and weights immediately upon erection.
• Product prices displayed at or near each product; produce prices must be conspicuous.
• No assigned spaces unless specified by DEM Ag; stay 3 feet apart from previous vendors when selecting space.
• Each site must be clear of trash before, during, and after attendance — all trash carried out.
• No bare-hand contact with food. Vendors must not eat at tables and must keep them clean.
• No samples may be given to customers at DEM markets.
• Cuts or open wounds must be covered with proper bandages plus single-use gloves.
• All vendor tables, equipment, tools, and containers must be cleanable and sanitizable.
• Ill vendors are prohibited from attending DEM markets.
• All food and non-food products must be made by a Rhode Island business in Rhode Island.
• Farm/business name and location (town and state) must appear on packaging or at the vendor tent.
• Vendors must grow or make over 75% of products offered for sale at the market.
• Organic claims require certification by an approved state or third-party certifier.
• No on-site cooking or cutting without prior RI Department of Health approval.
• No sale of dropped produce (anything that touched the ground).
• Wash water for produce must be of safe sanitary quality (zero generic E. coli or potable water) appropriate to its use.
• Uncooked or raw animal products kept separate from ready-to-eat products like produce and baked goods.
• Follow proper food safety time and temperature controls.

Animals and general rules

• No live animals brought for sale.
• Vendor-owned domestic animals not allowed except service animals under ADA — service animals must be kept away from vendor products with feces controlled.
• RI DEM Parks and Recreation rule: dogs in state parks need a leash no longer than 6 feet.
• Vendor receipts must be available for review on request; receipts for purchased products must show name and location of the originating farm/business.
• Return policy: vendors replace or refund damaged or undesirable products. Arguing with customers not tolerated.
• No alcohol consumption or sale at any RI farmers market.
• No smoking by vendors or public at sale locations (smoking allowed in state parks but 50 feet from tents).
• No music played by vendors.
• Fighting or quarreling triggers expulsion.
• RI DEM not responsible for lost or stolen items.

South Carolina Association of Farmers Markets and South Carolina Department of Agriculture — Farmers Market Toolkit (2017). SC Farmers Market Toolkit (PDF) →

Key rules

• Categories of vendor models: producer-only (must propagate plants from seed/cuttings, value-added must use majority self-grown ingredients); co-ops; resale/brokers; percentage rules (allowing some resale); county-only farmers.
• Foods prepared on-site (BBQ, burgers, sandwiches) need an SCDHEC permit under Regulation 61-25 Chapter 9-11; food trucks must be permitted through SCDHEC.
• SCDHEC Dairy Division handles all cheese, butter, and fluid milk products — no raw milk products at farmers markets.
• Egg vendors need a current SCDA egg license, eggs at 45°F or lower with accurate thermometer, washed/graded/sized/labeled per USDA standards. Display cartons off-refrigeration must be marked "Display Only-Not for Sale."
• Egg cartons from other producers or sources can't be used; cartons with another USDA shield are prohibited.
• Whole/unprocessed fish and seafood need a Commercial Fishing License or Wholesaler's License from SCDNR; fish held at 45°F or below with class 3 legal-for-trade scales certified by SCDA Consumer Services.
• Processed seafood requires SCDA Registration Verification Certificate (RVC) and Seafood HACCP if wholesale; retail-only sale requires SCDHEC permitting.
• Honey requires extraction/processing/packaging in a registered honey house, OR an SCDA "small honey producer exemption" certificate. Labeling must comply with state and federal fair packaging laws.
• Meat (poultry, beef, pork, lamb) regulated by SCMPID at Clemson Livestock, Poultry and Healthy Agency. Vendors need a Registered Meat Handler license; SCMPID or USDA inspection mark on every package; frozen meat at 0°F or less, fresh meat at 45°F or less. Out-of-state SCMPID marks aren't valid; meat crossing state lines needs USDA federal inspection.
• Rabbit, quail, and alligator regulated by SCDA in approved registered facilities; alligator subject to Seafood HACCP; RVC must be displayed at point of sale.
• Home-Based Food Production Law (Cottage Food Law, SC Code 44-1-143): individuals can produce non-TCS baked goods and candy in their home kitchen and sell direct to end consumer up to $15,000/year — exempt from DHEC R. 61-25 permit. Required label: "NOT FOR RESALE—PROCESSED AND PREPARED BY A HOME-BASED FOOD PRODUCTION OPERATION THAT IS NOT SUBJECT TO SOUTH CAROLINA'S FOOD SAFETY REGULATIONS."
• Pasteurized juices for wholesale distribution need SCDA registration and Juice HACCP; canned/jarred/bottled foods need product analysis from Clemson University, NC State, or another FDA-recognized process authority.
• Home-canned foods are considered hazardous and illegal — not allowed for sale.
• Pet food/treats need a Certificate of Registration from SCDA and must be registered annually under SC Commercial Feed Law.
• Organic certification through Clemson University Department of Plant Industry (USDA-accredited certifying agent); raw produce safety follows SC Produce Safety Act 39-26 with optional GAP/GHP programs.
• For SNAP authorization, markets need a USDA Food and Nutrition Service license; SC Department of Social Services runs the Healthy Bucks SNAP-matching program (up to $10 in tokens for $5+ SNAP purchases).

South Dakota Department of Health, Food & Lodging Safety — Farmers Markets. SD DOH farmers markets →

Key rules

• South Dakota's cottage food laws allow direct exchange of certain foods at farmers markets without a food service license — but only for specific food types and only sold directly from a home, farmers market, or similar venue.
• The license exemption doesn't cover all food products or all regulations — vendors are still responsible for safe, wholesome food produced in a sanitary manner.
• Most product-specific guidance lives at SDSU Extension's "Food Safety for South Dakota Farmers Market Vendors: Regulations and Best Practices" page, which DOH links to as the detailed reference.
• Sampling requirements when offering free portion-sized samples for advertisement: samples must be cut/prepared on-site at the market.
• Sampled food must be in good, sound condition, free from spoilage or contamination, honestly presented, and safe for consumption.
• Use individual single-use containers or pre-portioned bite-sized foods for samples — no community containers.
• Any sample that requires temperature control once cut or open: hold cold at 41°F or below, or hot at 140°F or above.
• Dispense samples with clean sanitized utensils, deli sheets, or single-use gloves over clean hands — no bare-hand contact with ready-to-eat food.
• Sneeze guards or plastic coverings required to protect open food samples from insects and dirt.
• A sampling handwashing station must include a container of warm potable water with a spigot, a wastewater catch bucket, hand soap, and disposable paper towels.
• For specific product rules (meats, fish, produce, baked goods, home-canned foods), DOH directs vendors to SDSU Extension's product-by-product guides.

Tennessee Department of Health, Environmental Health Program — Farmers Market Food Unit Rules and Regulations (Rules of TDH Chapter 1200-23-01, Revised April 2024). The direct PDF was robots-blocked at fetch time; details from TDH's Farmers Market Food Units page and the rules document. TDH Farmers Market Food Units →

Key rules

• Tennessee's "Farmers Market Food Unit" (FMFU) permit, created by HB1077 (Public Chapter, 2023) and effective January 1, 2024, is a new permit type for vendors who prepare and serve unpackaged time/temperature control for safety food at farmers markets using improvised (non-permanent) equipment.
• The FMFU permit costs $300, requires successful completion of a pre-operational inspection at a local health department, and is governed by Rules of TDH Chapter 1200-23-01.
• If a vendor operates more than one Farmers Market Food Unit simultaneously, a separate permit is needed for each.
• Improvised equipment that must be brought to the pre-operational appointment includes: a beverage cooler with spigot (minimum 5-gallon capacity), hand soap, paper towels, a 5-gallon bucket for dirty handwashing water, food/beverage dispensing equipment with disposable gloves and/or serving utensils to prevent bare-hand contact, and covered storage containers.
• The Tennessee Department of Agriculture (TDA), separately, governs food manufacturing facilities and the Food Freedom Act (Tennessee's modern cottage food law) — TDH oversees on-site preparation and food service establishments, TDA handles cottage food.
• HB1077 also created an exemption: vendors at farmers markets do not need a permit to offer samples for consumption on the premises, provided sanitation and food safety requirements are met.
• Tennessee Code Annotated § 68-14-7 contains the underlying farmers market definitions; Rule 1200-23-01-.01 defines "farmers market" as a recurring event with set hours of operation, a set of rules governing the market, and a primary purpose of providing direct marketing to farmers, foresters, fisheries, food businesses, and other producers.
• Cooking demonstrations at Tennessee farmers markets typically need a certified food manager.
• Sales tax may apply to prepared foods (cooked meals, hot beverages) under Tennessee Department of Revenue rules; raw agricultural products are typically exempt.
• Local jurisdictions (cities and counties) often require a separate business license for vendors selling at farmers markets.

Texas Department of State Health Services — Texas Farmer's Market. DSHS Texas Farmers Market →

Key rules

• Texas farmers' market regulations live in Title 25, Chapter 229.701-704 of the Texas Administrative Code (25 TAC 229.701-704). SB 617 (87th Legislature, 2021) updated Texas Health and Safety Code Chapter 437 to clarify the farmers' market framework.
• "Farmer" (§229.702(2)) means a person or entity producing agricultural products on land they own, rent, lease, or otherwise have access to. "Food producer" (§229.702(6)) means someone who grew, raised, processed, prepared, manufactured, or otherwise added value — packaging or repackaging alone doesn't count.
• "Farmers' market" (§229.702(3)) is a designated location used for a recurring event where the majority of vendors are farmers or food producers selling directly to consumers, including at least two farmers, with farmers and food producers constituting the majority of vendors throughout the year. A farmers' market is NOT a food service establishment.
• Permits issued under Texas HSC §437.0065(c): valid for at least one year, max $100/year, and a single permit covers all farmers' markets, farm stands, and farms in the permitting authority's jurisdiction.
• At DSHS-jurisdiction farmers' markets, no temporary food establishment permit is required to sell whole intact unprocessed produce, prepackaged non-TCS foods, or cottage foods. Permit IS required for all other potentially hazardous (TCS) foods.
• Vendors at markets in jurisdictions with local health departments (city, county, or public health district) should contact those local jurisdictions for additional licensing requirements.
• Food handler card and certified food manager certification are NOT required at DSHS-jurisdiction farmers' markets — except cooking demonstrations with samples must have a certified food manager supervising.
• Yard eggs need a temporary food establishment permit; eggs maintained at 45°F ambient air temperature and labeled "ungraded" with safe handling instructions.
• Honey from your own bees is exempt as a "farm" activity under updated 25 TAC 229.210-225 Subchapter N — beekeepers harvesting raw honey aren't required to license with DSHS for allowable farm activities. Filtering, packaging, and labeling are still subject to Texas HSC 431 adulteration and misbranding provisions; honey labeling falls under Texas Agriculture Code Title 6 Chapter 131.
• Meat and poultry must come from animals processed in compliance with Texas HSC Chapter 433 (livestock processing); a temporary food establishment permit is required.
• Fish and aquatic species need either a TPWD commercial fisherman's license or production at a TDA aquaculture-licensed facility, plus a temporary food establishment permit.
• Raw milk cannot be sold or sampled at farmers' markets per HSC 437.020(e). However, per 25 TAC 217.31(b), Grade A raw milk and raw milk products may be delivered to a farmers' market location agreed to between processor and customer if local ordinance allows.
• Cottage Food Production Operations (CFPOs) may sell at farmers' markets following CFPO law requirements.
• Samples don't require a permit per HSC 437.020(b-1) — samples are bite-size portions, not full servings. Samples of cut produce or other PHF must be held at 41°F or below and discarded within two hours of cutting/preparation.
• Cooking demonstrations conducted by a farmers' market for "bona fide educational purposes" (good faith intent to instruct) are exempt from the temporary food establishment permit per HSC 437.0201(e)(1).

Utah Department of Agriculture and Food (UDAF) — Farmers Market Resources. ag.utah.gov farmers market resources →

Key rules

• UDAF Regulatory Services Division oversees: home-based food processing (Cottage Food Program plus Home Consumption and Homemade Food Act, Utah Code 4-5a / HB 181); commercial food processing (Retail Food Program, Manufactured Food Program); wholesale and retail compliance for meat and poultry; dairy; small egg producers (less than 3,000 laying hens); honey; voluntary inspection of cosmetics like honey lip gloss or goat-milk body bars.
• UDAF Animal Industry Division oversees animal slaughter and harvest facilities, aquaculture, and exempt processing (e.g. small poultry flocks under 1,000 birds).
• UDAF Plant Industry Division oversees seed crops, beekeeping, hay, animal feed, pet treats, organic certifications (crops and processed foods), and farms covered by the Produce Safety Rule (most small farms are exempt from inspection but still need to register with UDAF).
• Markets must register with UDAF Retail Food Program if any vendor sells packaged or processed foods (jams, cheese, salsa, or pre-washed ready-to-eat cut leafy greens). Markets selling only raw uncut produce that vendors grew themselves don't need to register.
• Each market must designate a Person in Charge available at the market and able to accompany the UDAF inspector during routine inspection.
• Market managers must verify each vendor's local health department permit or UDAF Certificate of Registration is current and keep a record on file at the market; vendors must post their registration copy at their booth in customer view.
• Selling uncut raw produce vendors grew themselves is exempt from UDAF registration. Cutting before market or pre-packaging as ready-to-eat ends the exemption — registration required. Cutting at the market for samples falls under local health department regulation.
• Drying and packaging herbs is processing — must be done in an inspected facility with UDAF registration.
• Leafy greens harvested by cutting through the stalk (even if rinsed for soil) are whole uncut produce and exempt; if leaves are removed from the plant or further cut, they become potentially hazardous and require registration.
• Pet treats need registration with UDAF Plant Industry, 801-982-2306.
• Mechanical refrigeration is preferred for cold-held foods (41°F or below); ice is allowed under restrictions: unwrapped food can't contact ice or water, packaged food can't be immersed if water might infiltrate, labels must stay dry, and temperature must hold at 41°F.
• Frozen foods must be kept frozen — water ice may not be cold enough; dry ice (in sufficient quantity) typically works for keeping foods frozen.
• Boy Scout cookie fundraisers and similar uninspected sales become regulated when conducted within a registered market boundary; they'd need to set up outside market boundaries to remain exempt.
• Marketing claims like "Locally Grown," "Organic," "No Pesticides," "Chemical-Free," and "From My Farm" / "Farm Fresh" can constitute consumer fraud or false advertising if misused. Use "organic" only if certified through the USDA National Organic Program (or clearly state "not certified organic"); document growing-practice claims; misuse can trigger Federal Trade Commission penalties.

Northeast Organic Farming Association of Vermont (NOFA-VT), summarizing Vermont state agencies — State Regulations for Selling at Farmers' Markets (updated August 2015). NOFA-VT Vermont state regs guide (PDF) →

Key rules (per the 2015 NOFA-VT guide)

• Dairy products (milk, cheese, butter, goat's-milk cheese, etc.) require licensing through VAAFM Dairy Division (802-828-2433): milk handler's license for self-produced dairy, retail milk license for prepackaged fluid product (held below 45°F), frozen dessert license or milk handler license for vendor-produced ice cream and frozen dairy.
• Raw milk delivery at a farmers market requires the farm to be registered with VAAFM as a Tier II raw milk producer, milk presold (a list of buyers ready), constant refrigeration at 40°F or less out of daylight, and customers having toured the farm at least once.
• Meat sales need a VAAFM Farmer's Market retail license (Meat Inspection Section, 802-828-2426). Red meat must be inspected — no exemption. Inspected poultry needs a VT or USDA inspection legend. Uninspected poultry can only be sold as a packaged whole bird (not cut up) with the labeling required by 6 VSA §3312(b) — name, address, exempt statement, safe handling instructions.
• Refrigerated meat must be held at 40°F or less; frozen meat at 15°F or less.
• Custom-processed meat marked "NOT FOR SALE" cannot be sold at a market.
• Eggs must comply with VAAFM Consumer Protection labeling and grading requirements (802-828-2436).
• Scales selling by weight need legal-for-trade certification; from 2016 onward, all small scales require a license from VAAFM (the prior fee exemption ended).
• Maple syrup containers need a grade label — Golden Color/Delicate Taste, Amber Color/Rich Taste, Dark Color/Robust Taste, Very Dark Color/Strong Taste, or Processing Grade — plus name and address (town designation acceptable in lieu of full address).
• Apples, potatoes, and strawberries have basic quality requirements (no bruising, decay, mold, large green areas).
• VT Department of Health Food and Lodging Program (1-800-439-8550) handles baked goods and prepared foods.
• Home Baking License: required for home bakers; an exemption exists for vendors with farmers market gross sales averaging less than $125/week over the year.
• Fair Stand License: required for on-site preparation at the market — needs handwashing facility with hot and cold running water, enclosed grey-water holding tank, refrigeration/hot-holding, flooring, and waste disposal.
• Home Catering License: for food prepared at home and brought to market wrapped, ready for sale — kitchen inspection required, plus private water supply sampling if you're not on a public system.
• Licensed Food Processors with under $10,000/year gross receipts don't need a license; over that threshold, licensing is required.
• Anyone selling product to restaurants must be licensed by VT Health Department.
• Tax: Meals tax (9% as of 2015) applies to prepared food, individual portions of baked goods, and beverages. Sales tax (6% as of 2015) applies to crafts. Manchester, Rutland, Williston, and Stratton each levy a 1% local option tax on top of state sales tax.
• Trade name registration: VT Secretary of State, 802-828-2366. Business tax number for non-food vendors: VT Department of Taxes, 802-828-2551.

Virginia Department of Agriculture and Consumer Services (VDACS) — Farmers' Market Vendors. VDACS Farmers' Market Vendors →

Key rules

• Farmers markets that manufacture, process, pack, or hold food for sale fall under the Virginia Food and Drink Law (Title 3.2, Chapter 51 of the Virginia Code) and Virginia Retail Food Establishment Regulations (2VAC5-585).
• VDACS Food Safety Specialists conduct periodic unannounced inspections — inspectors look for unsanitary conditions, mislabeling, and mishandling that could lead to unsafe food.
• Food service vendors at farmers markets (those preparing food for immediate consumption on-site) are permitted by the Virginia Department of Health, separately from VDACS.
• Permit applications administered by VDACS include: Home Food Processing Operation, Commercial Kitchen Food Processing Operation, Wild Mushroom Harvester, and Wild Mushroom Retail Sales.
• Industrial hemp extracts intended for human consumption are governed by 2VAC5-595 — Regulations Governing the Manufacturing and Sale of Products that Contain Industrial Hemp Extracts.
• Home Kitchen Food Processing exemptions are explained in VDACS's "Home Kitchen Food Processing Exemptions" FAQ — non-TCS foods produced in a home kitchen can qualify under specific conditions.
• Sample distribution at markets follows VDACS's "Guidelines for Providing Safe Food Samples at the Market."
• Virginia's Finest is a state-administered marketing/branding program for Virginia agricultural products.
• Vendors and market managers can contact the VDACS Food Safety Program for safe food handling questions; a regional contact map covers VDACS Food Safety Specialists by area.

Washington State Department of Agriculture (WSDA) — Regulations for Specific Products, the "Green Book" Handbook for Small and Direct Marketing Farms. WSDA Green Book product regulations →

WSDA Food Safety regulatory structure

• WSDA Food Safety Program oversees food processors, HACCP, packaging and labeling, food storage warehouses, custom meat, dairy, eggs, cottage food, special poultry permits, hemp and hemp extract certification, cannabis-infused edibles, and direct sellers.
• Cottage Food Permit: covers home-prepared non-TCS foods like baked goods, jams, jellies, candies, and dried herbs sold direct-to-consumer. Annual permit required from WSDA Food Safety; specific allowed product list, kitchen requirements, and labeling rules.
• Custom Meat: a separate WSDA program covering custom-exempt meat processing — meat from a custom-exempt processor is not for sale to the public.
• Direct Sellers: WSDA Food Safety has a specific program for direct-to-consumer sales (farmers markets, farm stands, on-farm sales).
• Eggs: WSDA Eggs program handles small egg producers and labeling/grading. "Doing Business" guidance covers the steps for selling eggs.
• Dairy: WSDA Food Safety oversees dairy facilities — milk handler licensing, retail milk, frozen dessert, and Grade A standards.
• Special Poultry Permit: for small-scale poultry producers.
• Apiary regulations and laws fall under WSDA Plant Industry (Insects, Pests and Weeds → Apiary Pollinators) — pollinator health, beekeeping resources, and bee laws.
• Produce Safety Rule (FSMA): covered by WSDA Food Safety Produce Safety program — most small farms qualify for exemptions but still need to follow produce safety practices, with optional On-Farm Readiness Reviews available.
• Hemp in Food and Cannabis-Infused Edibles each have separate WSDA Food Safety sub-programs with distinct certification requirements.
• Organic certification through WSDA Organic Program (USDA NOP-accredited certifying agent); separate Input Material Registration program for organic-compatible inputs.
• The Green Book is part of WSDA's Small Farm support, alongside the Infrastructure Grant program, Meat and Poultry Assistance, and Managing Risk resources.

West Virginia Department of Agriculture (WVDA), Regulatory and Environmental Affairs — Farmers Market. WVDA Farmers Market →

Key rules

• Senate Bill 375 (2018) shifted West Virginia farmers market vendor permitting from local health departments to the WVDA — WVDA now registers both farmers markets and Farmers Market Cottage Food Vendors statewide.
• All West Virginia farmers markets must register with WVDA — defined as two or more vendors gathering to sell farm and food products directly to consumers at a fixed location, including traditional, online, consignment, on-farm, farm-stand, and mobile farmers markets. Registration is free, due by March 1 annually.
• Farmers Market Vendor permit ($35 annual) is required for vendors who produce and sell canned acidified products like salsas, sauces, fermented products, acidified fruits and vegetables, and pickled products — in lieu of a separate food establishment permit.
• Vendor permit requirements: pass an annual kitchen inspection, follow the Farmers Market Vendor Guide, pass WVDA label review, and successfully complete WVDA-approved training.
• Note: the Farmers Market Vendor exemption does NOT exempt the operation from FSMA Produce Safety Rule requirements.
• Potentially Hazardous Foods (PHF) — foods needing time/temperature control, with water activity above 0.85, protein, and pH between 4.6 and 7.5 — require a process-authority letter, training (GMP or Better Process Control School), WVDA label review certificate, and the Farmers Market Vendor permit before sale. Examples include raw and cooked meat, foods with meat (lasagna, calzones, sauces), seafood, fish, poultry, dairy products, cheese, cooked rice and pasta, raw seed sprouts, garlic-in-oil and herb-in-oil mixtures, cut produce, wild mushrooms, baked goods with custards or dairy, salsas, pickled products, fermented foods (kefir, sauerkraut, tempeh, kombucha, miso, kimchi), cooked beans, tofu, mustard, relish, sauces (hot, marinara, BBQ, cocktail, satay peanut, vinaigrette, worcestershire), specialty jams and jellies (hot pepper, pumpkin spice, bourbon, rhubarb, ginger), pumpkin butter, mayonnaise, salad dressing, and meringue or sweet potato pie.
• Potentially Hazardous Condiments (acidified, pH ≤ 4.6, water activity > 0.85, like mustard, ketchup, horseradish) need a process authority and WVDA label review.
• For PHFs requiring time/temperature control, when an agent (someone other than the vendor) sells the product, the agent shares responsibility for proper storage and handling temperatures.
• Non-Potentially Hazardous Foods exempt from a vendor permit include: breads, cakes, candies, honey, tree syrup, apple butter, molasses, non-dietary jams and jellies, dehydrated fruits and vegetables, condiments, tomato sauce/juice, commercially harvested mushrooms, canned whole or chopped tomatoes, and fresh uncut produce.
• Meat, poultry, and dairy products require a separate food establishment permit on top of any Farmers Market Vendor permit.
• Poultry exemptions: 1,000 birds/year and 20,000 birds/year exemption requirements are separately covered by WVDA Meat Poultry Inspection.

Wisconsin Farmers Market Association (WFMA) — For Markets. wifarmersmarkets.org/for-markets →

What WFMA covers (and where to look for actual rules)

• Market business structure: WFMA points to the Farmers Market Legal Toolkit for guidance on choosing between non-profit, for-profit, partnership, or cooperative structures.
• Insurance: WFMA offers member insurance options and links to the Farmers Market Legal Toolkit's Insurance and Liability resource.
• Tax reporting: WFMA links to the WI Department of Revenue's S-240 form instructions covering vendor tracking and reporting requirements.
• Food safety rules and regulations: WFMA links to DATCP's Safe Wisconsin Produce page as the authoritative source.
• Wisconsin Cottage Food: covered by the standalone wisconsincottagefood.com site (not WFMA).
• Free speech at markets: WFMA links to the Farmers Market Legal Toolkit's free-speech resource for handling leafleting, political campaigning, and protests.
• Zoning, permits, licenses, and health department regulations vary by municipality and county — vendors and market organizers familiarize themselves with their local rules separately from WFMA's guidance.
• Vendor selection: WFMA recommends a fair, transparent application process evaluating product quality, diversity, farming practices, and adherence to market guidelines, and points to the Farmers Market Coalition's Anti-Racist Farmers Market Toolkit.
• Layout and design: efficient customer flow, booth spacing, utilities (electricity, water), seating, shade, and amenities.
• Marketing: market website, social media, local media, community calendars, sandwich boards, partnerships with local organizations and tourism boards. WFMA links to the Wisconsin Local Food Marketing Guide.

Frequently Asked Questions for Operating Under the Wyoming Food Freedom Act at Markets (March 30, 2023) — covering statewide WFFA, hosted on the Teton County government site. Wyoming Food Freedom Act FAQ (PDF) →

Key rules under the Wyoming Food Freedom Act

• WFFA defines a "producer" as a person who grows, harvests, prepares, or processes food/drink products on owned or leased property, doesn't produce more than 250,000 individual food/drink products annually, and doesn't exceed $250,000 in gross annual revenue from food and drink products.
• "Informed end consumer" = the last person to purchase, who doesn't resell and has been informed the product isn't licensed, regulated, or inspected.
• "Homemade" = food prepared or processed in a private home kitchen that isn't licensed, inspected, or regulated.
• Producers may sell at farms, ranches, farmers markets, homes, offices, or any location agreed between producer and informed end consumer. Internet sales allowed but only for delivery within Wyoming — no interstate commerce, no out-of-state producers selling in Wyoming under WFFA.
• Required label: "this food was made in a home kitchen, is not regulated or inspected and may contain allergens" — clearly and prominently displayed.
• Allowed: produce and home-processed foods without meat or wild game.
• Poultry allowed if the producer slaughters fewer than 1,000 birds per year, only sells own-raised birds, only sells within Wyoming, and the poultry isn't adulterated or misbranded — must comply with USDA Poultry Products Inspection Act.
• Raw milk and raw-milk products are allowed under WFFA.
• Meat from beef, pork, lamb, or goat is NOT allowed under WFFA — must be slaughtered, processed, and labeled at a Wyoming state or federally inspected meat plant.
• Live animals intended for slaughter can be sold under WFFA, with Wyoming Livestock Board change-of-ownership rules followed. Custom portions of live animals can be sold for future delivery if processed at a Wyoming or federally inspected facility, ownership transfers before slaughter, product labeled "not for sale," and only delivered to the buyer.
• Wild game and game products NOT allowed — Wyoming Statute 23-3-302 prohibits sale or barter of wild game, animals, birds, or fish.
• Wild fish NOT allowed; farm-raised fish allowed if raised in compliance with Wyoming Title 23 (Game and Fish statutes). Catfish NOT allowed because it falls under USDA Meat Inspection Act.
• Rabbit meat IS allowed under WFFA.
• Frozen products may be sold at the market — keep frozen through the sale to the informed end consumer.
• On-site food preparation at the market is NOT allowed under WFFA — that becomes a temporary food stand requiring state inspection and licensed/inspected ingredients.
• Sampling of WFFA products doesn't require a sampling license — pre-portioned or pre-packaged samples not made on site are preferred.
• Ungraded eggs follow existing Wyoming Food Rule and USDA exemptions: clean, refrigerated, labeled with producer name and address, packaging date, "ungraded," and "keep refrigerated." Reused clean cartons are OK if all prior labeling is marked out.
• Farmers markets remain subject to inspection for compliance with federal, state, or local food safety regulations even when WFFA-eligible products are present.
• The Wyoming Department of Health may investigate any food-borne illnesses; producers may face liability for illnesses caused by their WFFA products.