Farmers Market

A farmers market is a location where producers congregate to offer fresh fruits and vegetables and other food items for sale.
Earlier this year, House Bill 110 amended Ohio Revised Code 3717 eliminating the voluntary registration of farmers markets with the Ohio Department of Agriculture along with the corresponding inspection of registered farmers markets. This change will grant all participants the ability to use the farmers market exemption listed in Ohio Revise Code 3717.22 (B) (2)
A person at a farmers market that offers for sale only one or more of the following:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Tree syrup, sorghum, honey, apple syrup, or apple butter that is produced by a tree syrup or sorghum producer, beekeeper, or apple syrup or apple butter processor described in division (A) of section 3715.021 of the Revised Code;
(d) Wine as authorized under section 4303.2010 of the Revised Code;
(e) Commercially prepackaged food that is not potentially hazardous, on the condition that the food is contained in displays, the total space of which equals less than one hundred cubic feet on the premises where the person conducts business at the farmers market.
These changes will go into effect on September 30, 2021.
Below you will find the changes to the statute.
O.R.C 3717.221.
(A) Either of the following may register with the
director of agriculture:
(1) A farm market, which is a location where a producer offers fruits,
vegetables, and other items for sale;
(2) A farm product auction, which is a location where agricultural
products, including food products, are offered for sale at auction.
O.R.C. 3717.221
(B) The director shall inspect each farm market, and farm product auction that registers under this section. Inspections shall occur at a frequency considered appropriate by the director and shall be conducted
in accordance with sanitation standards established in rules adopted under
this section.
O.R.C. 3717.22 (B)(2)
A person at a farmers market that offers for sale only one or more of the following:
(a) Fresh unprocessed fruits or vegetables;
(b) Products of a cottage food production operation;
(c) Tree syrup, sorghum, honey, apple syrup, or apple butter that is produced by a tree syrup or sorghum producer, beekeeper, or apple syrup or apple butter processor described in division (A) of section 3715.021 of the Revised Code;
(d) Wine as authorized under section 4303.2010 of the Revised Code;
(e) Commercially prepackaged food that is not potentially hazardous, on the condition that the food is contained in displays, the total space of which equals less than one hundred cubic feet on the premises where the person conducts business at the farmers market.