Selling Food at Stalls and Farmer's Markets in New York State

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Agriculture and Markets, Department of State
In order to sell at a farmer's market in New York State, a business must follow sanitary rules. These are set by the New York State Department of Agriculture and Markets .

These rules are not the same as those for retail stores.

Generally, roadside stands, on-farm outlets and farmer's markets are permitted to sell farm produced foods such as the following:
  • Fresh whole fruits and vegetables (uncut);
  • Eggs (only if clean and properly refrigerated at 45ºF or less);
  • Grains and legumes;
  • Honey and maple syrup; and
  • Apple cider and other juice products.
Certain processed foods, including meat and dairy products, may also be sold if the products are:
  • Processed at an approved facility;
  • Properly packaged and labeled; and
  • Kept at required temperatures and conditions.
Misrepresenting products not made or grown by the seller as "homemade" or "home-grown" is illegal.

While subject to regular inspection, direct marketing businesses selling only these products are usually inspected by the Department only in the event a consumer complaint is received.

The following products cannot be sold directly unless they are produced at an inspected and licensed facility:
  • Home-canned or -jarred fruits, vegetables, jams, sauces, and pickles;
  • Filled pastries or baked goods containing cream, custard, pumpkin, or meat; and
  • Highly perishable foods for immediate consumption or reheating.



For more detailed information on sanitary rules, contact:

NYS Department of Agriculture and Markets
Food Safety & Inspection Unit
10B Airline Drive
Albany, NY 12235
Phone: (518) 485-5326
foodlicense@agmkt.state.ny.us
Website: http://www.agriculture.ny.gov/

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