On-Farm Retail Sales
On July 29, 2014, the Sonoma County Board of Supervisors approved a zoning code change to allow small-scale agricultural retail sales and small-scale agricultural processing on agriculturally zoned properties with a simpler, faster, less-expensive (around $600 in fees), zoning permit approval process with Permit Sonoma (formerly & Resource Management Department/PRMD). Prior to that code change, those types of operations required a very costly and time-consuming conditional use permit.
Land Zoning Districts
The following information only applies to parcels in the following zones:
• LIA – Land Intensive Agriculture
• LEA – Land Extensive Agriculture
• DA – Diverse Agriculture
• RRD – Rural & Resource Development (ag, mining, forestry)
Find your zoning district on on Permit Sonoma's Zoning and Land Use map.
Small-Scale Retail Sales
A farm Small-Scale Retail Sales Facility is for year-round sales of agricultural products grown or raised on the site or other properties owned or leased by the farm operator and pre-packaged goods processed from onsite agricultural production. A few key criteria are:
- Maximum size of 500 square feet.
- Hours of operation for year round retail sales: 10am to 6pm.
- Sale of processed meat or dairy products is allowed
- This zoning permit does not allow the sale of alcoholic beverages; a use permit is required.
Farm Stand Sales
A Farm Stand is an area for the temporary or seasonal sales and promotion of agricultural products that are grown or raised on the site. See Definitions on right and chart below to compare "farm stand" to "Farm Retail Sales".
Have a question?
Ask the Ag Ombudsman
Definitions used by the County:
Farmstand: An area for the temporary or seasonal sales and promotion of agricultural products that are grown or raised on the site and shelf-stable, pre-packaged, goods processed from onsite agricultural production, excluding alcoholic products.
Farm Retail Sales: A small–scale retail facility for year-round sales of agricultural products grown or raised on the site or other properties owned or leased by the farm operator, and pre-packaged goods processed from onsite agricultural production, excluding alcoholic products.
Cottage Food Operations: A food preparation enterprise operating from the kitchen of a primary residence where specified low-risk food products are prepared, packaged or sold to consumers pursuant to the California Homemade Food Act. Allowed in any zoning district where a lawful residence occurs.
Community Supported Agriculture: A system by which people purchase, typically through monthly subscription, a share from a local farm and periodically receive fresh produce or other agricultural products produced or processed on site. Allowed use in the LIA, LEA, DA, RRD, and AR zoning districts.
Comparison Table
The following table compares the requirements for Farmstands and Farm Retail Sales facilities (provided by Permit and Resource Management Department):
|
|
Farm stand |
Farm Retail Sales |
|
Land use allowances - Permit Sonoma |
Allowed use in the LIA, LEA, DA, RRD and AR zones; |
Zoning permit in LIA, LEA, DA, RRD zones; |
|
Maximum size |
Unlimited |
500 square feet |
|
Duration |
Temporary/Seasonal |
Year-round |
|
Source of ag product |
Only processed or unprocessed products grown on site |
Only processed or unprocessed products grown on site or other lands owned or leased by the farmer |
|
Type of product sales |
Unprocessed produce, eggs and honey, Cottage Foods, Low-risk (shelf stable), prepackaged processed products |
Unprocessed Produce, eggs and honey, Cottage foods, Low-risk prepackaged foods, other prepackaged food requiring refrigeration (e.g. meat and dairy) |
|
Incidental sales |
Up to 10% of floor area not to exceed 50 sq ft Incidental includes sales of pre-packaged food and drinks (e.g. bottled water, chips, cottage food items) and non-food items. |
|
|
Minimum parcel size |
No minimum |
2 acres |
|
Signage |
One attached or detached sign up to 32 square feet. |
One sign up to 16 square feet and one sandwich-board sign up to 9 sq ft |
|
Hours of operation: |
Not regulated |
10:00 am to 6:00 pm, 7 days per week |
|
Allowed promotional activities |
Special Event permit required |
Educational tours, community supported agriculture and farm trails |
|
Retail Food Facility permit from DHS* |
Not required for sale of farm produce only Required if low-risk (shelf stable) processed pre-packaged foods are sold or sampling is conducted Must obtain Food Handler Card within 30 days of obtaining Retail Food Facility permit. |
Required for sale of meats, dairy, pre-packaged foods and/or sampling Must obtain Food Handler Card within 30 days of obtaining Retail Food Facility permit. |
|
Accessibility standards** |
Required |
Required |
|
Restrooms & Handwash facilities |
Not required for produce only farmstands. Only as separately required by Building Code or DHS |
As required by Building Code and DHS |
*One day events do not require a food facilities permit (for example having a BBQ at your farm stand). Department of Health Services (DHS) allows no more than three such events in a 90 day period. The event can only be for one day (not a weekend). If the event is longer/more often, a Retail Food Facility permit is required.
**Accessibility Standards: Regardless if a building is permitted or no permits are required, the owner operator is still responsible for complying and could be opening themselves up to some degree of risk if they are not in compliance with Accessibility Standards. Make an effort to accommodate with signage and easy to navigate pathways. Remind visitors that it is a working farm and they will need to be aware of their surroundings.
Farm Retail Sales Permit Sonoma Links
Forms:
- PJR-115 Small-Scale Farm Retail Sales Facility
- PJR-116 Small-Scale Agricultural Processing Facility
- PJR-117 Small-Scale Agricultural Processing Facility Affidavit (pdf)
Additional Permits and Insurance
Operations that allow the tasting of food products will require health permits.
- Retail food tasting and sales are regulated by Sonoma County Department of Health Services. Complete a Food Facility Permit application for the sale of foods not produced on the farm at your farmstand or for retail sale and/or tasting of foods out of a farm retail sales facility.
- Private Water Systems must also be tested and approved for use.
Nearly all buildings will require some sort of permit (there are exemptions). Anything from building to plumbing to electrical to remodels will most likely require a permit. Work on well and septic and well also require permits. PRMD links:
- When is a Building Permit Not Required?
- Agricultural Building Permit Exemptions
- How to Get a Residential Building Permit for Projects that Require Plans (similar procedure and info for non-residential building permits)
Insurance: make sure you and your business are covered for these activities. Farm Liability Insurance policies generally only cover farming activities (visits to the farm, agritourism and farm stays are not farming activities). You may need a Commercial General Liability coverage. Talk to your agent. See Insurance Discussion Sheet by SafeAgritourism.com and view Farm Commons webinar: Hosting Safe, Legally Secure Farm Events for suggestions.
Additional Resources
Food Labels information for food processors by California Department of Public Health.
Getting Started
With much emphasis on local products, this is a great time to venture into the value added business with delicious artisan foods and products that build on your family’s legacy!