Selling Food From Your Garden or Farm: Which Rules Apply?
Selling at a market or a roadside stand has its own permits: see our guide to farm stands and farmers markets.
Why the answer depends on where you live
Food rules come in three layers. Federal agencies (the FDA and the USDA) set baseline rules, mostly for larger operations or for food that crosses state lines. States license food businesses, regulate eggs and dairy and decide what small sellers are exempt. Counties and cities add health permits, farmers market rules and zoning limits on stands. Cornell Small Farms (undated) puts the general rule this way: the smaller the operation and the more directly you sell to the customer, the less regulation you usually face. It also warns that rules differ widely and that you should ask your state and local agencies.
What you sell and what usually applies
This table shows the usual pattern, not the law of any one state. Use it to know which question to ask.
| Product | What usually applies | Who to ask |
|---|---|---|
| Fresh vegetables and fruit | Often no state license for direct sales, but check. Large farms fall under the federal Produce Safety Rule; small ones are covered by exemptions (see below). Selling by weight can bring scale rules. | State department of agriculture; the market manager |
| Eggs | Federal egg safety rules start at 3,000 laying hens. Below that, state rules decide: registration or a license in some states, labeling and cold storage in many. | State department of agriculture |
| Honey | FDA labeling guidance (March 2018) is a set of recommendations. Some states exempt small producers, with conditions. | State department of agriculture or health |
| Baked goods, jams and other home-kitchen foods | Usually covered by a state cottage food law, with labels, sales channels and sometimes annual caps. | Our cottage food guide, then your state agency |
| Meat and poultry | As a general rule must come from a state- or federally inspected facility. Poultry growers who slaughter no more than 1,000 birds a year have a federal exemption, and state rules still apply. | State meat and poultry inspection program |
| Milk and dairy | Heavily regulated. Raw milk sales are allowed in some states and banned in others. | State department of agriculture |
Do I need a license? A quick self-check
This is not a legal test. It shows the order of questions to take to your state agency.
- Are you selling whole, unprocessed produce, or eggs or honey from your own birds and hives?Yes: go to step 2. No (baked goods, jars, cut or packaged food): see the cottage food row and ask your state about a license or licensed kitchen.
- Is it meat, poultry or dairy?Yes: expect inspection or licensing rules; ask your state program before you sell. No: go to step 3.
- Do you sell directly to the person who will eat it (stand, farmers market, farm gate)?Yes: small direct sellers are often exempt from a license, but labeling and handling rules can still apply. No (restaurants, stores, wholesale): more rules usually apply, including federal ones.
- Will you sell at a market or from a stand on public or rented land?Yes: ask the market and your city about vendor permits, insurance and zoning. No: go to step 5.
- Did your state agency confirm the exemption in writing, or can you point to the rule?Yes: keep a copy. No: ask now; do not rely on a neighbor or a blog.
The federal rules in brief
Produce: the FSMA Produce Safety Rule
The FDA’s rule sets safety standards for growing, harvesting, packing and holding produce. Farms with average annual produce sales of $25,000 or less are not covered. A “qualified exemption” applies to farms with food sales under $500,000 that sell mostly (more than half) directly to consumers, or to restaurants and retailers in the same state or within 275 miles. Both dollar figures are adjusted for inflation: for 2025 the FDA lists $35,247 and $704,950. An exempt farm is only exempt from this federal rule. State licensing and local health rules are separate.
Eggs
The FDA’s egg safety rule (21 CFR Part 118, 2015 edition) applies to producers with 3,000 or more laying hens. For covered producers, eggs must be refrigerated at 45°F or below starting no later than 36 hours after laying, and the farm must register with the FDA. A backyard or small urban flock is below that line, so your state rules matter more.
Poultry
Under 9 CFR 381.10(c), a producer who slaughters no more than 1,000 birds in a calendar year is exempt from federal inspection if the birds were raised on the producer’s own farm, the producer does not buy or sell other people’s poultry products, and none of the poultry moves in commerce as the regulation defines it. The same section describes a larger exemption (up to 20,000 birds) with its own conditions. States may adopt, narrow or skip these exemptions, so a state can be stricter than the federal text.
One state example: Oregon
The Oregon Department of Agriculture (page without a revision date, read October 2026) shows how a state can sort small sellers. It says the farm direct marketing law exempts some producers selling raw commodities and value-added products directly to consumers, and that farmers’ markets are not licensed as food establishments, though vendors still need a food license unless they qualify for an exemption. Producers who sell their own eggs directly to an individual consumer, including at a farmers’ market, are exempt from licensing, but labeling is required. Retail honey extractors who own their hives and sell only to consumers may keep any number of hives. CSA and farm shares are limited to items covered by the farm direct rules and exclude cheese, fluid milk, fish and beef. The agency advises talking to your local food safety inspector to confirm you qualify.
Other states set different limits, so treat this as one example, not a national rule.
Donating extra food
If you give away surplus harvest, the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791, as amended in 2023) protects donors from civil and criminal liability for food donated in good faith. The protection does not cover gross negligence or intentional misconduct. State and local rules on handling and labeling still apply, so ask the food bank or pantry what it accepts. Our Good Samaritan Act guide explains who is covered.
What to ask your state agency
- Do I need a license, registration or permit for this product, and does a small direct seller qualify for an exemption?
- What labeling is required (name, address, weight, ingredients, handling statements)?
- Are there temperature, washing, packaging or record-keeping rules?
- Do I need certified scales if I sell by weight?
- Does the market, county or city add its own permit or insurance requirement?
Write down the name of the person and the date, and ask for the rule in writing. Also check zoning for stands and animal limits for hens and bees, and consider liability insurance if you sell to the public. If you plan to grow a business, see our guide to entrepreneurial urban agriculture.
Frequently asked questions
Do I need a license to sell vegetables from my garden?
Often not for direct sales of whole, unprocessed vegetables, but it depends on your state and on where you sell. Markets may add their own requirements. Ask your state department of agriculture.
Do I need a license to sell eggs?
Federal egg safety rules begin at 3,000 laying hens. Below that, states differ: some exempt small direct sellers (Oregon does, with labeling), others require registration. Ask your state agency.
Can I sell honey from my own hives?
Many states allow it with limits. The FDA’s March 2018 guidance on honey labeling gives recommendations rather than binding rules, so check your state’s labeling and license rules.
Can I sell chickens I raised?
Federally, a grower who slaughters no more than 1,000 birds a year of their own raising is exempt from federal inspection under the conditions of 9 CFR 381.10(c). Your state may still require inspection, so confirm before selling.
Does the Produce Safety Rule apply to my small farm?
Farms with average annual produce sales of $25,000 or less (adjusted for inflation, $35,247 for 2025) are not covered. A qualified exemption exists for larger direct-market farms. State and local rules still apply.
Is it legal to donate extra vegetables?
Yes. The Good Samaritan Food Donation Act protects good-faith donors, except in cases of gross negligence or intentional misconduct. Ask the recipient what it accepts.
Official sources
- FDA: FSMA Final Rule on Produce Safety, and inflation-adjusted cut-offs for 2025
- Bill Emerson Good Samaritan Food Donation Act, 42 U.S.C. 1791 (as amended in 2023)
- 21 CFR Part 118, Prevention of Salmonella Enteritidis in shell eggs (2015 edition)
- 9 CFR 381.10, Exemptions from poultry inspection, paragraph (c)
- FDA: Guidance for Industry, Proper Labeling of Honey and Honey Products (final, March 2018)
- Oregon Department of Agriculture, Food Safety Licensing: selling without a license (no revision date shown)
- Cornell Small Farms: Marketing Regulations (urban farming), undated