Farmers Market Licensing Requirements

Farmers Market Licensing Requirements
Jul 28, 2022

By BRIAN F. MOYER

The Pennsylvania Department of Agriculture (PDA) is tasked with the licensing and inspection of retail food facilities in the Commonwealth.

If you are considering becoming a vendor at a farmers market, you need to understand the license requirements before you apply to a market. Vendors must fill out an application for a Retail Food Facility operating at a Farmers Market. A separate application must be completed for each farmers market you plan to attend. A link to the application is in the resource list.

The Pennsylvania Department of Agriculture is tasked with the licensing and inspection of retail food facilities in the Commonwealth. The market manager should be able to provide you with the department that is responsible for the oversite and licensing of vendors for the market. If the municipality or county have a health department, they would be responsible for licensing and inspection, and you would apply to them for the license. If there is not any municipal or county health department, the oversite falls to the Pennsylvania Department of Agriculture, and you would apply through one of their regional offices. A link to a list of Retail Food Facility Jurisdiction can be found in the resource list.

Who is exempt from needing a license?

A vendor that sells only raw products from the farm – fruits and vegetables that have been harvested but not processed in any way (no value-added work done, not a ready-to-eat product) IS EXEMPT. This would cover vendors selling fresh raw fruits and vegetables.

A vendor selling pre-packaged, non-potentially hazardous items (this may include baked goods, jams, candy, canned pickled food products, bottled juices, apple cider, honey products, etc.), prepared in a kitchen/facility that is registered, licensed and inspected by the PA Department of Agriculture IS EXEMPT.

 

A vendor sells added-value to raw products by washing, processing, chopping or offering them in a state that meets the ready-to-eat definition – such as leafy greens that have been washed and chopped to form a salad or fruits/vegetables that have been washed and sliced, IS NOT EXEMPT.

For more information on license exemptions, click the link for General Guidelines in the resources.

Once you submit your application, allow 4 – 6 weeks for processing. Once you receive your approval, notify your Food Inspector or regional office at least ten (10) days prior to operation to arrange a licensing inspection.

Farmers Market License Application

PDA has updated the Retail Food Facility application and created a specific Farmers Market Application which makes it clearer and easier to complete. The application packet is 18 pages long however, pages 3 to 8 is the actual application.

There are seven sections to the application.

Section 1: type of vendor/reason for the application

  Part A: Will your stand be in a building or in an open-air market?

  Part B: What is the reason you are submitting an application? Is it a new vendor? Is the stand changing ownership? Is the stand being remodeled any other significant change or additional food items being sold?

Section  2: Market information

Name of the market along with its location. The name of the manager and/or owner.

Section 3: Farm market/facility service information

Days and times of the market operation and types of food/service to be offered from your stand.

Section 4: Water source and waste handling

If you require water at your stand you will need to identify the water source as well as the handling of waste/gray water disposal and any refuse.

Section 5: Stand layout and equipment list

Here is where you list your stand floor plan, all food service equipment including manufacturer's name and model numbers, and if applicable, location of restrooms, handwashing and warewashing sinks and site plan showing location of the stand within the market.

Section 6: Zoning and other codes

This section is to ensure that your stand/building is compliant with local zoning and business and building requirements. If you sell any products that require the collection of sales tax, that you have a license to collect the tax from the Department of Revenue.

Section 7: Facility opening

Review and sign the application and include the date of opening the facility.

Pages 10 – 13 are the instructions and detailed descriptions of each of the seven sections to be filled out.

A schedule of fees is listed but you do not need to send any money with your application. License fees are collected at the time of inspection.

Source : psu.edu
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