Maryland Farmers Market Regulations
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Product (Value-Added) DescriptionLicenses RequiredBasic Requirements
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Baked Goods-Potentially HazardousBaked goods with potentially hazardous toppings or fillings. Toppings, glazes, icings, or fillings that must be refrigerated such as custard based, filled, or topped with cream, cheese, etc.Processing license from DHMH. Potable water, approved sewage disposal system, commercial kitchen and refrigeration. Plan Review.
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Baked Goods-Non-hazardousBaked goods without potentially hazardous toppings or fillings. Pies, turnovers, fruit tarts from fruits such as apples, apricots, blackberries, boysenberries, cherries, peaches, strawberries, etc. No cream, cheese, custards, etc.Can sell directly from farm or at farmer’s markets with no license. To sell to restaurants or retailers, on farm home processing license for sales less than $40,000. Over $40,000.00 requires a Processing License from DHMH. Potable water, approved sewage disposal system & home kitchen for less than $40,000. Potable water, approved sewage disposal system, plan review & commercial kitchen for more than $40,000.
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Canned Goods-AcidifiedProducts (low acid foods) that must be acidified to a pH of 4.6 or less during processing such as artichokes, asparagus, beans, beets, broccoli, cabbage, corn, cucumbers, peas, most peppers, potatoes, pumpkin, etc.On farm home processing license from DHMH if less than $40,000 in sales. Processing license from DHMH if more than $40,000 in sales. FDA Better Process School training course required. Potable water, Process Authority, scheduled process filed with FDA & home kitchen for less than $40,000. Potable Water, Process Authority, scheduled process filed with FDA & commercial kitchen for more than $40,000. Plan review for both types of licenses.
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Canned Goods-Naturally AcidifiedNaturally acidic fruits (pH 4.6 or less) such as apples, apricots, blackberries, boysenberries, cherries, grapes, peaches, etc.Evaluation needed in order to sell directly from farm or at farmer’s markets with no license. To sell to restaurants or retailers, on farm home processing license for sales less than $40,000. Over $40,000.00 requires a Processing License from DHMH. Potable water, approved sewage disposal system & home kitchen for less than $40,000. Potable water, approved sewage disposal system, plan review & commercial kitchen for more than $40,000.
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Dairy ProductsYogurt, ice cream, milk, butter, cheese, etc…Requires a license from DHMH. Regulated by the federal Pasteurized Milk Ordinance and State.
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Dried Fruit and VegetablesOn farm home processing license from DHMH if less than $40,000 in sales. Processing license from DHMH if more than $40,000 in sales. Potable water, approved sewage disposal system & home kitchen for less than $40,000. Potable water, approved sewage disposal system, plan review & commercial kitchen for more than $40,000.
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EggsGrade A or AARegister with the Secretary of Agriculture annually (no fee if less than 3,000 chickens). No retail license from local health department, Producer Mobile Farmers Market License or any other health department license required if selling own production. Chickens must originate from National Poultry Improvement Plan monitored hatchery. Must meet minimum of Grade A standards, weight requirements, labeling requirements, invoice requirements & be held at 45°F.
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Fermented ProductsProcessing license from DHMH. Potable water, approved sewage disposal system, commercial kitchen and refrigeration. Plan Review.
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Fruit ButtersPumpkin, banana, pear, apple, etc.Processing license from DHMH. Potable water, approved sewage disposal system, commercial kitchen and refrigeration. Plan Review.
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Fruit, Uncut and Not ProcessedNo license required from DHMH, MDA or local health department. Recommend producer follow Good Agricultural Practices.
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Fruit, Cut or Processed, ready to eatProcessing license from DHMH. Potable water, approved sewage disposal system, plan review & commercial kitchen
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HoneyNo license required if no flavors added (raw agricultural product). If further processed, on farm home processing license from DHMH if less than $40,000 in sales or processing license from DHMH if more than $40,000 in sales. Potable water, approved sewage disposal system & home kitchen for less than $40,000. Potable water, approved sewage disposal system, plan review & commercial kitchen for more than $40,000.
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Jellies and Jams – made with fruits with a natural pH of 4.6 or less such as apples, apricots, blackberries, peaches, strawberries, etc. Can sell directly from farm or at farmer’s markets with no license. To sell to restaurants or retailers, on farm home processing license for sales less than $40,000. Over $40,000.00 requires a Processing License from DHMH. No paraffin wax seals allowed – hot filled into sterile Mason jars with 1⁄4” head space. For other than farm and farmer’s markets sales, potable water, approved sewage disposal system & home kitchen for less than $40,000. Potable Water, approved sewage disposal system, plan review & commercial kitchen for more than $40,000.
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Meats – CuredProcessing license from DHMH. Potable water, approved sewage disposal system, plan review, commercial kitchen.
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Meats - non USDA regulated (bison, rabbits, etc.) On farm sales only without inspection. Can have voluntary inspection by USDA or MDA to qualify for sales off farm. If slaughtered, packaged and labeled at a USDA facility, can be returned to farm for sales. Must have a license from DHMH for on farm storage (Under $40,000 in sales – On Farm Home Processing License, Over $40,000 in sales – Processing License) unless farm is inspected by MDA or USDA. Producer Mobile Farmer’s Market License required to sell at Farmer’s Market. For storage on farm – Commercial freezer capable of maintaining product temperature of 0°F for frozen. Refrigeration capable of maintaining product temperature of 40oF for fresh. Dry ice or mechanical freezer required for sales at markets.
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Meats - USDA regulated - Cattle, Swine, Sheep, Goats and Equine Cannot slaughter, process, package or label without USDA inspection. Can have the product slaughtered, packaged and labeled at a USDA inspected facility and return to the farm for sales. Must have a license from DHMH for on farm storage (Under $40,000 in sales – On Farm Home Processing License, Over $40,000 in sales – Processing License) unless farm is inspected by MDA or USDA. Mobile Farmer’s Market license or license from local health department required for sales at farmer’s markets. For storage on farm – Commercial freezer capable of maintaining product temperature of 0°F for frozen. Refrigeration capable of maintaining product temperature of 40oF for fresh. Dry ice or mechanical freezer required for sales at markets.
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Organic LabelingUnder $5,000 in annual sales no official certification required. Over $5,000 in annual sales must be certified by a USDA accredited certifier such as MDA. Not certified – must follow requirements of the USDA National Organic Program and can only label the product organic – label cannot state certified or 100% organic. Certified – must have name and address of certifier.
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Pickles, canned On farm home processing license from DHMH if less than $40,000 in sales. Processing license from DHMH if more than $40,000 in sales. FDA Better Process School training course required. Potable water, approved sewage disposal system, Process Authority, scheduled process filed with FDA & home kitchen for less than $40,000. Potable water, approved sewage disposal system, Process Authority, scheduled process filed with FDA & commercial kitchen for more than $40,000. Plan review for both types of licenses.
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Poultry – less than 20,000 slaughtered annually Can slaughter and sell directly from farm to consumers without a license or inspection. To slaughter and sell to retailers, restaurants or at a farmer’s market must be inspected by USDA or MDA. Can be slaughtered, packaged and labeled at a USDA inspected facility and returned to the farm for storage and sales. Must have a license from DHMH for on farm storage (Under $40,000 in sales – On Farm Home Processing License, Over $40,000 in sales – Processing License) unless farm is inspected by MDA or USDA. No DHMH or local health department license required on farm if inspected by MDA. Producer Mobile Farmer’s Market License required to sell at a Farmer’s Market. All: Must be own production. Potable water and approved sewage disposal system. Cannot be adulterated - contaminated with filth, held under unsanitary conditions, contain any poisonous or added deleterious substance, etc. Must be held at 40oF or less if fresh, 0oF or less if frozen. Off farm sales: Must have voluntary inspection by USDA or participate in MDA’s voluntary program.
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Poultry - more than 20,000 slaughtered annually USDA continuous inspection required. Producer Mobile Farmer’s Market License required to sell at a Farmer’s Market. Continuous inspection by USDA/FSIS of slaughter – poultry health and sanitation.
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Sauerkraut and other fermented products Processing license from DHMH. Potable water, approved sewage disposal system & commercial kitchen. Plan Review.
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Vegetables, uncut and not processed No license required from DHMH, MDA or local health department. Recommend producer follow Good Agricultural Practices.
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Vegetables, cut or processed - Ready to Eat Processing license from DHMH. Potable water, approved sewage disposal system, plan review & commercial kitchen
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