Farmer’s Markets & Farm Stands

In Montana, authorized farmer’s markets are granted specific exemptions from permitting and licensure for certain foods. These exemptions include Montana Local Food Choice Act as well as other specifically allowed foods. Food sold under Farmer’s Market Exemptions do not need any permit or review from our department. Read below for all the requirements.

What food can I sell under Farmer’s Market Exemptions?

• Homemade foods with no meat
• Fresh fruits and vegetable
• Whole shell eggs
• Plain hot coffee and hot tea (no dairy)

What are the requirements for homemade food?

• Your homemade food cannot contain any meat.
• Food must be completely made and packaged at home. You cannot make, prepare, or package food at the farmer's market. This includes pouring drinks or cutting cake slices.
• You must inform your customers that your food is homemade and "is not licensed, permitted, certified, packaged, labeled, or inspected per any official regulation." You can inform your customers verbally, with a sign, or with a label on the product.
• Samples of foods that need to be refrigerated must be pre-packaged at home (e.g., juice, cheeses). For foods that do not require refrigeration, samples do not need to be pre-packaged (e.g., cookies, bread).

What are the requirements for fresh fruits and vegetables?

The fruits and vegetables must be whole and not processed in any way. This includes peeling, cutting, preserving (except for drying whole), cooking, or canning. Wild mushrooms do not qualify under Farmer’s Market Exemptions, and you must be a licensed Mushroom Vendor.

What are the requirements for whole shell eggs?

Make sure the eggs are clean, free of cracks, and keep them stored in clean cartons at 45ºF or below.

What are the requirements for plain hot coffee or tea?

You can make and sell hot coffee or hot tea at a farmer’s market. However, you are not allowed to provide or include fresh milk or cream. You can provide a shelf-stable creamer.

A Temporary Food Service (TFS) permit is required if you want to cook, package, or prepare any food onsite at the market. Additionally, if you want to serve or sell food with meat, a TFS permit is required. For a TFS permit, all food preparation must be done at the market or at a commercial kitchen, no homemade food is allowed. Please see the Temporary Food Service page for more information.

Mobiles, like food trucks, licensed in Montana are welcome to operate at farmer’s markets. No additional permitting is generally required.

However, if your mobile is licensed in a different state, or if you plan to set up a booth outside of your mobile, a Temporary Food Service permit is required.

Cottage food vendors are welcome to sell at farmer’s markets. There is no requirement to become a registered cottage food vendor to sell at the market, as the Farmer’s Market Exemptions detailed above already allow the sale of homemade foods.

• Farmers Market Guidelines
• Produce Guidelines
• Raw Milk Guide
• Farm Fresh Eggs
• Montana Local Food Choice Act Guidance - DPHHS
• MLFCA Guidance - MPH

• MCA Title 50, Chapter 49
• MCA Title 50, Chapter 50