What legalities or gov requirments are involved?

I have heard stories and seen reports about FDA raids on organic farms. That leads me to this question.

Many have talked about selling their surplus. Being a hard core independent minded libertarian capitalist I think that is a grand idea.

What legal/regulatory requirements, if any, are there to selling such surplus farm goods to local markets? For example, I am going to have a nice blackberry crop this year. Much of it I plan to freeze for personal use but I may sell some at a local farmers market. If I start doing things like that am I going to have to worry about having some gov bureaucrat on my back?

If not, at what scale of production does such a thing come into play?

Ray

A lot of this is dependent on where you live/sell your product, as well as what it is.
Each state (and sometimes county) each have their own regulations.
Be certain to research local rules before you begin selling.

Generally, rules get much more restrictive if your produce crosses a state line...you now fall under federal regs instead of state regs.
Also, if you sell your berries as-is, they are merely a crop. If you freeze them, they might be considered a 'processed food', which brings in a whole new set of regulations.

Most of these rules were set into place to protect the consumer, but the sad fact is that they make it much harder for the small producer, and actually help the corporate producers.

In most areas, it is now impossible for a kid to set up a (legal) lemonade stand.
PTA Bake Sales will probably be the next victim.

John Polk wrote:
PTA Bake Sales will probably be the next victim.

They already are. Do you have any idea what kind of bacteria are in those apple pies?
Can't send food with your 1st grader for the class to share either, unless it comes in a plastic bag.
W

The world has become insane.

Marketing Vegetables in Missouri http://extension.missouri.edu/p/G6221

Starting and Operating a Farmers Market: Frequently Asked Questions: http://extension.missouri.edu/publications/DisplayPub.aspx?P=G6223

I'm guessing that if you're selling at an existing farmers market, you will not need to worry about additional bureaucratic problems once you are accepted as a seller by the market. The market should be taking care of any legalities, would be my guess.

More about local food in Missouri: http://foodcircles.missouri.edu/

I imagine there is a ease of restrictions when you do it as a U-pick type of setup, especially with berries. I would imagine that's why its so prevalent, although the ones I know of around here that do that are established farms. I would talk to a farmer at a farmers market about it.

With U-pick there may be insurance issues....I think farmers choose U-pick because it saves massively on labor costs and all the legalities hiring employees entails....

Tyler Ludens wrote:I'm guessing that if you're selling at an existing farmers market, you will not need to worry about additional bureaucratic problems once you are accepted as a seller by the market. The market should be taking care of any legalities, would be my guess.

I'm in SW Missouri. I actually looked into this because we always produce so much more than we can eat fresh or process that I figured a farmer's market would be the perfect answer to the excess. Then I contacted all the local markets. Much to my surprise (and chagrin) I discovered that to be a seller in those markets requires you to accept inspections on your farm at any time and to post health certificates (and several other pieces of paper signed by various county and state officials) in your stand at all times (or be fined or kicked out of the market). The paperwork involves jumping through a million hoops and coming up with all sorts of fees (in addition to the market fees).
The market takes care of insurance and legalities of operating a business, but it does not cover the basic health and safety regulations for each vendor. You, alone, are responsible for those. If you have value-added products like preserves, bread, etc. you have to jump through even more hoops and have kitchen inspections. All in all, I concluded it was NOT worth it.

John Polk wrote:Most of these rules were set into place to protect the consumer, but the sad fact is that they make it much harder for the small producer, and actually help the corporate producers.

Just my opinion but, I think the true "sad fact" is that it never was for consumer protection. I think it was always the goal to put small farmers out of business in favor of corporate farmers. That is the power of lobbying dollars at work in our government. Forget about "We, the people..."

Maybe a CSA (Community Supported Agriculture) operation would be better than a farmers market, in that case. You might be able to work with another grower who already has a CSA but could use more produce, if you don't want to go to the trouble of starting your own CSA.

http://www.organicconsumers.org/state/greenbiz.cfm?state=MO&type=csa

That is a good idea, particularly if you grow some crops that the CSA doesn't. More variety = better.