Do people selling at local farmers' markets have to get a license from either the state or federal government?

Question

Are there different regulations for selling fruits and vegetables, potted perennial garden plants, shrubs, and seeds?

Or is selling at a farmers' market pretty much of a free market, with minimal regulation?

Answer 1

Usually not, I never needed one in our Massachusetts community, but all is goverened by local  legislation at town or county level. Government usually leaves the farmer alone where possible lest they turn the necessity of eating into a voter nightmare when it comes to keeping a town position in local government.

Answer 2

usually you just need a permit from the municipality or whoever runs the market. the federal and state governments don't have the time to hand out permits to every single person that wants to sell produce in the farmers market

Answer 3

depends on what you are selling. if you are claiming organic you need to have licensing from the USDA. To sell certain prepared foods you need licensing from county or state health dept. To sell meat the meat must be slaughtered in a state inspected or USDA inspected facility.

To sell raw produce grown on your farm you need no license what so ever (though that may well change in the near future with GAP regulations)

Answer 4

No, farmers do not usually have to get a license (though things can varry from state to state, county to county).

The sale of fruits, vegtables, live plants, cut flowers, and craft items is usually all fine at farmers markets.

What IS regulated are the sales of raw milk, fresh eggs, meats, home baked items, home canned items, homemade butter, homemade cheese,  and homemade jerkies and sausages.  I've also never been to a farmers market that allows the sale of live animals directly to the customer (in the U.S.A.).

Some farmers markets are very free about what they allow to be sold there, including home baked items, cheeses, sausages, ect.  Others will not allow those products no matter what.

Some of them even regulate the craft items you are allowed to sell.  They don't want you running a yard sale of thrift store items from farmers markets, and they don't want the farmers to be overrun by homecrafters.  

One of my local ones solved the problem beautifully.  One one side of the river, is the farmers market, with all the food items.  On the other side of the river is the artisans market, with all the gorgeous hand crafted items for sale.  They require that the artist make the item (what-ever it is) themselves.  To get from one market to the other, you go over a very nice wood people brige, which goes over the waterfalls...a lovely walk.

You still have to open certain state laws at farmers markets.  So if your state has outlawed the sale of a certain plant as a noxious weed, you wouldn't be allowed to sell it.

Farmers usually have to pay a fee to have a booth at the farmers market also.

Also some farmers markets only allow the sale of items which the farmer actually grew themselves.  In others, you will see exotic items, like bannanas for sale.

There really are no "set in stone" rules for farmers markets.

~Garnet

Homesteading/Farming over 20 years