Wife has idea to sell extra items at farmers market, flea market etc. MY REAL QUESTION: IS LEAGAL AND LIABILITY. I have given stuff away or donated to feed the hungry. Anything to be aware of? I was thinking state permits or farm market has some rules. I am sure there is the I never knew or got caught crowd. Seems like state inspectors pop up every so often. They shut down lots of food venders at a fair one year for various reasons. They also cracked down on these jelly, jams and home cooked items due to non approved kitchens. Not sure they fined anyone just cease and desist and get up to snuff. Anyway your thoughts please??? AND LETS KEEP IT A CLEAN FIGHT AND ALL BLOWS ABOVE THE BELT!!!!!
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- Thread starter JOCCO
- Start date
State laws vary so gonna depend where you are.
In general they are accomidating to veggie sales, stuff picked raw. Generally the rules are few if any.
They get real picky if you do any processing (jams, baked goods, maybe even flours, etc).
Eggs might be a couple rules, meat and milk might be heavily regulated to the point of not being able to do so.
Anyone can sue anyone for anything in this country, so having an umbrella policy that specifically covers you selling in a farmers market setting for your products is a good idea. Defending yourself from a pointless case is spendy if you don't have anyone behind you.... Be careful you and the insurance agent are on the same page as to what you are doing and what is covered, selling on farm vs at a market or to a store or resturant is all different actions, might take different policy options.
Paul
In general they are accomidating to veggie sales, stuff picked raw. Generally the rules are few if any.
They get real picky if you do any processing (jams, baked goods, maybe even flours, etc).
Eggs might be a couple rules, meat and milk might be heavily regulated to the point of not being able to do so.
Anyone can sue anyone for anything in this country, so having an umbrella policy that specifically covers you selling in a farmers market setting for your products is a good idea. Defending yourself from a pointless case is spendy if you don't have anyone behind you.... Be careful you and the insurance agent are on the same page as to what you are doing and what is covered, selling on farm vs at a market or to a store or resturant is all different actions, might take different policy options.
Paul
I shy away from selling anything anymore that I think might not be covered by my insurance. After much thought, we decided that we could eliminate liability if we donated non-perishables anonymously to one of the charities. I had a couple tools that could be risky if not used properly; instead of selling them or giving them to someone I knew, I took them to the Goodwill store where they never ask your name.
The others are right; just make sure that you have proper insurance coverage before you venture into the business.
The others are right; just make sure that you have proper insurance coverage before you venture into the business.
dr sportster
Well-known Member
If you make stuff in a kitchen it must be FDA inspected. My friend makes Hot Sauce.
Around here lots of farmers markets with people selling produce. I don't think there are issues there other than you probably need a tax ID and run it like a business. However once people start selling prepared foods then they have to be licensed for food safety and that means passing inspections. Around here it varies by county so your best bet is check on the rules in your area as they are all different. No matter what you sell you want to make sure you have insurance to cover it.
ShadetreeRet
Well-known Member
As someone suggested, check with the market where you consider selling, they can lay it all out for you. Most states do require any prepared foods to be inspected and the kitchen where they are prepared to be inspected and licensed. The Farmer's Market in our nearby town charges so much for a space that a lot of people have stopped selling there.
jimg.allentown
Well-known Member
Here in PA, the main body of the regs are as follows:
For produce, you need insurance for $1,000,000 liability and the rental to the market's governing body. Produce may be sold in bunches, by the piece, or by weight. If sold by weight, you MUST have a scale certified by the state dept. of weights and measures, and the seal must be in place and plainly visible.
For any sort of prepared foods like pickles, sauces, soups, and the like, a permit from the PA Dept.of Agriculture is required and food MUST be prepared in a certified kitchen that has been inspected and approved by the PA Dept. of Agriculture. Foods also require a label indicating origin and ingredients. Foods must be sold in non-sealed containers (like deli containers with lids).
Any sealed or canned foods must meet all of the requirements of prepared foods PLUS samples must be submitted to the PA Dept. of Agriculture for testing and certification and must have an expiration date on them.
I work part time for a farmer that sells at farmers markets, and this is what they required of us. Hope this helps.
For produce, you need insurance for $1,000,000 liability and the rental to the market's governing body. Produce may be sold in bunches, by the piece, or by weight. If sold by weight, you MUST have a scale certified by the state dept. of weights and measures, and the seal must be in place and plainly visible.
For any sort of prepared foods like pickles, sauces, soups, and the like, a permit from the PA Dept.of Agriculture is required and food MUST be prepared in a certified kitchen that has been inspected and approved by the PA Dept. of Agriculture. Foods also require a label indicating origin and ingredients. Foods must be sold in non-sealed containers (like deli containers with lids).
Any sealed or canned foods must meet all of the requirements of prepared foods PLUS samples must be submitted to the PA Dept. of Agriculture for testing and certification and must have an expiration date on them.
I work part time for a farmer that sells at farmers markets, and this is what they required of us. Hope this helps.
Cory Schmidt
Well-known Member
As far as I know, in my area anyway, no license needed for raw produce. The state(WI) backed off on canned goods. Basically as long as its heavy sugar(jams, jellies, maple syrup), or acidic(pickles, sauerkraut, salsa, pickled produce(no meat or eggs- those need license/ certified kitchen/ inspect),); and properly sealed, no license/ inspection/ certified kitchen is needed. Canned goods must be marked though with: ingredients, your address, and "This product is made in a home kitchen and not subject to state license and inspection" (or something along those lines)
Raw meat (got animal butchered at licensed plant) a permit might be need by county, (Ex. Manitowoc Co you need one but Sheboygan Co(just south) you don't). Know someone that goes to market across county lines just to sell her lamb meat.
The state also backed off on eggs, as long as marked with date packed and date within I believe 30 days. And they are washed and kept at a certain temperature range, no permit. Heard this right from the state rep. that wrote the bill.
A seller permit may be required after so many dollars worth a year. Not sure on liability.
Raw meat (got animal butchered at licensed plant) a permit might be need by county, (Ex. Manitowoc Co you need one but Sheboygan Co(just south) you don't). Know someone that goes to market across county lines just to sell her lamb meat.
The state also backed off on eggs, as long as marked with date packed and date within I believe 30 days. And they are washed and kept at a certain temperature range, no permit. Heard this right from the state rep. that wrote the bill.
A seller permit may be required after so many dollars worth a year. Not sure on liability.
Just depends on your state and county. I had a farmstead dairy and sold cheese's at farmers markets. We were watched really close. Health department would stop every week and do a full inspection because we were selling processed milk products. Never had a problem. Some areas watch even veggies really close. Thankfully around here it's not too bad. We have a large vegetable farm just east of us and the prices are amazing. We buy most all of out veggies from them and put them for the year. No issues.
Greg
Greg
Farmer's Granddaughter
New User
Check with your local extension office. They should be able to provide you with information about your state's laws and local requirements for farmer's markets.
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