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