Farmers' Market Regulations FAQs
Q: What foods are considered potentially hazardous?
A: Potentially hazardous foods require licensing before selling at farmers' markets. These foods
include cut melon, raw seed sprouts, garlic in oil preserves, a food of animal origin that is raw
or heated, and a food of plant origin that is heat-treated. Contact your local county sanitarian
for more information on licensing requirements.
Q: Do vendors need a special license to sell at farmers' markets?
A: In general, vendors do not need a special license if they
are selling raw and unprocessed farm products such as fruits and vegetables,
baked goods, or fruit preserves. To learn more about health and safety
regulations applying to farmers' markets, contact your county sanitarian.
Q: Can vendors with processed vegetables sell at farmers' markets?
A: Any products that include processing of the vegetables (canning, cooking,
preserving, peeling, dicing, cutting, etc.) must be approved through the
county sanitarian and licensed by the state health department before being
sold to the public.
Q: Can vendors sell baked goods at farmers' markets?
A: Baked goods that are NOT potentially hazardous foods subject to spoilage
(breads, pastries, cookies, etc.) may be sold at farmers' markets without
a license. Baked goods that require refrigeration (cream pies, cream filled
pastries, cheesecakes, custard pies, etc.) are considered potentially
hazardous and may NOT be sold at farmers' markets. With any questions,
contact your county sanitarian.
Q: What do vendors have to do to sell fresh meat at farmers'
markets?
A: Meat sellers who have processed their meat in a state inspected facility
must then apply to the county sanitarian for a retail meat market license.
Additional licensing may be required by the Montana Department of Livestock's
Meat & Poultry Inspection Bureau depending on the situation, (406) 444-5202.
Q: How can vendors sell farm fresh eggs at farmers' markets?
A: Eggs are required to be kept under refrigeration at 45 degrees or cooler,
and cannot be sold in reused cartons. Vendors are encouraged to contact
their county sanitarian and the Montana Department of Livestock's Milk
& Egg Inspection Bureau, (406) 444-2043.
Q: Can vendors sell jelly at farmers' markets? A: A license is not required to sell fruit or berry jams, jellies, compotes, fruit butters, fruit syrups, marmalades, or similar products at farmers' markets. With any questions, contact your county sanitarian.
Q: Can vendors sell nursery items at farmers' markets?
A: Vendors that sell nursery stock at farmers' markets are required to
have a license and inspected by the Montana Department of Agriculture
– (406) 444-3730. Operations that sell less than $1,000 annually may apply
for fee exemption.
Q: Can vendors sell honey at farmers' markets?
A: All beekeepers are required to register with the Montana Department
of Agriculture. Vendors selling honey directly to customers at a farmers'
market or roadside stand are exempt from state licensing requirements.
However, if sales involve processing, packaging, and distribution to other
channels, licensing is required through the Montana Department of Public
Health & Human Services – (406) 444-5306.
Q: What vendors can claim that their products are organic at
farmers' markets?
A: To claim products as "organic," the products must have been grown and
handled according to national organic standards. Most operations' products
must be "certified" organic before organic claims can be made. Contact
the Montana Department of Agriculture's Organic Certification Program
with questions, (406) 444-3730.
Q: Are there any special requirements for vendors selling products
by weight at farmers' markets?
A: If vendors are selling products by weight, the scales used must be
licensed and inspected annually by the Bureau of Weights & Measures, (406)
841-2240.
Additional Information
For additional assistance with Montana Farmers' Markets, please contact the Montana Department of Agriculture at (406) 444-5424, or by email at agr@mt.gov.
