Farmers’ markets, farm markets and individual sellers of fruits and vegetables at roadside stands are commonly found throughout Michigan. Farmers’ markets range from well-established operations in permanent structures to temporary sites using folding tables or truck tailgates. A vibrant entrepreneurial agriculture industry that is focusing on value added processing and sales has greatly increased the numbers of markets such as these in Michigan.

Farmers’ markets that are more temporary in nature will be inspected using the MDA Fact Sheet, “Temporary Food Establishment Operations Checklist” and the MDA Inspection Guide, “General Inspection Guide for Farmers’ Markets”. Farmers’ markets operating within permanent, improved structures will be inspected using the FDA Model Food Code.

Definitions

Farmers’ Markets: A location established in accordance with local ordinance and operated in compliance with Act No. 92, the Michigan Food Law, where farmers may transport and sell to the public fruits, vegetables or other agricultural products. Farmers’ market vendors may operate intermittently at a location but for licensing purposes will be considered a permanent location.

Farm Market: An on-farm location established in accordance with local ordinance and operated in compliance with Act No. 92, the Michigan Food Law, where an individual farmer may sell to the public fruits, vegetables and other agricultural products. On-farm markets may operate intermittently but for licensing purposes will be considered a permanent location.

Roadside Stand: A temporary operation established in accordance with local ordinance and operated in compliance with Act No. 92, the Michigan Food Law, where an individual may transport and sell to the public fruits, vegetables and other agricultural products.

There are several exemptions from Food Establishment Licensing based on policy and law. An operation may be exempt from licensing, but is not exempt from aspects of food safety or consumer protection.

Exempt retailers that you may see at farmers’ markets, farm markets and temporary sites:

• Retailers of whole, uncut produce who may have incidental sales of prepackaged, non-potentially hazardous foods (less than 5% of gross annual sales). Sites may be temporary or permanent in duration. May include open-air roadside sites, tents, open-air markets, market stalls or operations located within a building.
• Licensed agricultural producers or food processors selling products of their own production. Ag producers and food processors must be licensed at the base facility. All food must be prepared and packaged at the licensed base facility and comply with Federal meat standards when necessary. Off site sales limited to farmers’ markets or temporary sites. Incidental sales of other prepackaged foods from approved sources up to 5% of annual gross. Exemption lost when product passes to a reseller, unless part of a non-processors incidental non-potentially hazardous food computation.
• Retailers of honey & maple syrup. Product of seller’s own production or part of a non-processor’s incidental, non-potentially hazardous food computation. Must be licensed at base facility.
• Retailers of single-service, non-potentially hazardous food or beverage. Single service portions of prepackaged or dispensed food or drink such as; soft drinks, cider, coffee, donuts, popcorn or ice cream novelties. Food from licensed facilities. No on-site preparation.
• Retailers of incidental amounts of non-potentially hazardous food. Incidental amounts measured against annual gross sales (5% or less). A small overall amount of food such as prepackaged baked goods, jams or jellies at temporary or permanent site. Products from licensed facilities. No on-site preparation.