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

To sell food at a farmer's market in New York State, you must follow rules from the New York State Department of Agriculture and Markets. These rules are different from those for stores.

What you can sell

At farmer's markets, on-farm outlets and roadside stands, you can sell farm-produced foods like:

• Fresh whole fruits and vegetables (uncut)
• Eggs (if clean and kept at 45ºF or less)
• Grains and beans
• Honey and maple syrup
• Apple cider and other juice products

You can also sell some processed foods, like meat and dairy, if they are:

• Made at an approved place
• Packaged and labeled right
• Kept at the right temperatures and conditions

Important: It is illegal to say products are "homemade" or "home-grown" if they are not.

Inspections

While subject to regular inspection, the Department usually inspects direct marketing businesses selling these products only if someone complains.

What you cannot sell

You cannot sell these products unless they are made at an inspected and licensed facility:

• Home-canned or -jarred fruits, vegetables, jams, sauces and pickles
• Filled pastries or baked goods with cream, custard, pumpkin or meat
• Foods that spoil quickly for immediate eating or reheating