Skip to main content
Find a Lawyer
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Selling at Farmers' Markets: How to Start and What Rules Apply

By Caleb Groos | Updated by Melissa Bender, Esq. | Last updated on

High season has begun in many farmers' markets around the country. Farmers' markets offer small scale farmers and hobbyist gardeners an opportunity to earn money while providing fresh food and produce to their communities. So, how do you get started and what kinds of rules govern farmers market vendors?

Rules and Regulations

Like the zucchini and corn at your local farmers' market, the rules governing farmers' markets are highly local. For this reason, often the best place to start is the person called the "Market Manager" (or "Market Master"). This is the person who oversees operation of a specific farmers' market, and who can point you toward that market's rules and procedures. Usually, the Market Manager can be found at the market on its day of operation. If not, your local Chamber of Commerce may be able to put you into contact.

Typically, the Market Manager decides who gets to sell at that market. Selection criteria vary by market or group of markets so make sure to research your local markets and maybe speak to market organizers before you decide which one you would like to join.

Once you inform yourself as to local application process, you'll need to know the rules and regulations that that govern selling at a farmers' market. In addition to local rules, state departments of agriculture or health departments have rules governing the production, packaging, labeling and selling of food goods. Rules specifically affecting farmers' market sellers often include food safety requirements regarding prepared foods versus items which have not been modified as well as possible refrigeration requirements for dairy products. Many state and local governments also require both a health permit and a business license to sell food products or conduct food service. It is important to check with these governing departments before starting your business.

Running a Small Business at the Market

At its core, selling at a farmers’ market is running a small business. Before you decide to sell at a market you should visit it and see what other agricultural products, crafts, breads, and other items are being sold. Do you have unique food items you have grown or cottage food such as baked goods that you made? Are there vendors already at the market selling those items? Is there a large number of customers who may be interested in your product? Does the market provide publicity such as signage and direct marketing or is that something you would have to handle yourself to establish a customer base?

Logistically you will need to make sure you have tables, tablecloths, and tents to set up your goods in an attractive display so you catch the eye of customers. You will also need to plan for payment for your goods by having a cash box and a way to charge credit cards available for your customers. You should check with the farmers' market managers to see if the market accepts SNAP benefits. SNAP is a program through the United States Department of Agriculture (USDA) to provide nutritious food to lower-income individuals. Finally, you may want to consider obtaining liability insurance to cover yourself in the event something happens in your booth or with your products.

If you are a grower of agricultural products or someone who makes things such as jams, selling at a farmers’ market may be a perfect opportunity to let the public fall in love with your items. Before you set up your tent for the first time, however, make sure to check the rules and laws of your state so you can have a successful market day.

Was this helpful?

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard