Do I Need a License to Sell Plants at a Farmers Market in Texas?

Do you have plans to sell plants at a farmers market in Texas? Learn about licensing requirements, permits, health regulations, and more.

Do I Need a License to Sell Plants at a Farmers Market in Texas?

Do you have plans to sell plants at a farmers market in Texas? If so, you'll need to get the necessary licenses and permits. You'll also need to make sure that your plants are healthy and free of pests and diseases. Depending on the type of products you're selling, you may need to get additional permits. A Class M nursery floral license is required for any company that grows or distributes plants with the intention of selling them in temporary markets or at a temporary location.

This includes selling plants on any website on the Internet. An event permit is also needed to sell or distribute nursery products or floral items at a temporary location. If you want to sell your own livestock or poultry that you have slaughtered in an authorized and inspected facility, you can do so. However, meat or poultry products must come from animals processed in accordance with livestock processing regulations (Texas Health Safety Code & Chapter 43).

A temporary food establishment permit is also required. You can also sell fish and other aquatic species at a farmers market. Commercial fishermen must hold a TPWD license, or fish and other cultivated species must be produced and raised in a facility that has an aquaculture license from the TDA. The Texas Department of State Health Services has the authority to conduct inspections of all food vendors who must obtain a temporary food establishment permit at a farmer's market.

Food produced in a home food production operation (CFPO) can be sold at farmers' markets as long as it complies with the guidelines required in the law relating to home food production operations. When selling fresh plants at a farmers market, you'll need to get a permit from the market manager. The market manager will likely require you to provide proof of insurance and may charge you a fee for the permit. If you're selling at a Florida farmers market, you'll need to get a few different permits. It's important to ask the farmer how the produce was grown and what safety precautions were taken when buying produce from a farmer or farm stand. Licensing and permit requirements can be expensive and make things difficult for all vendors in the market.

A marketing strategy that emphasizes product quality and safety can be beneficial in expanding the reach of direct marketing channels. In California, it's critical that farmers be certified by the state Department of Agriculture, Weights and Measures. Farmers and food producers who plan to sell food products at agricultural markets located in areas that are under the jurisdiction of local health departments must obtain a food retail establishment license from the local health department or department. A farmers market must include at least two vendors that meet the definition of a farmer as defined in the paragraph (of this section) and may include vendors that meet the definition of a food producer as defined in the paragraph (of this section). If the food vendor is associated with a “genuine” cooking demonstration, the farmers market must have a certified food manager.