Farm stands & shops

The California Health and Safety Code, amended by Assembly Bill 2168, effective January 1, 2009, defines types of farm stands, each with their own set of requirements.  

Field Retail Stands

Field Retail Stands are a low-barrier way to sell farm products direct-to-consumer.  They are producer-owned and operated, located on or near the location where the product was grown.  Only whole produce and shell eggs produced by the operator can be sold in field retail stands.  Most counties allow field retail stands “by right” on agricultural zoned land; this means that they do not require permitting, as long as appropriate standards are met, and are exempt from standard wholesale size and pack requirements.  However, because each county has the jurisdiction to regulate, farmers should consult with their county planning department. The premise must comply with requirements for size, set-back from the road, signage, etc., as determined by the county.

Farm Stands

Farm Stands are field retail stands, that, in addition to selling whole produce and shell eggs produced by the operator on or near the location of the farm stand, can also sell nonpotentially hazardous prepackaged food products:

• Grown or produced in close proximity to the farm stand.
• Not grown or produced in close proximity to farm stand are limited to 50 square feet.

Urban Farm Stands

The California Retail Food Code describes "Community Food Producers" as producers on land not zoned for agriculture, and allows such producers to sell their products to the public or to a Cottage Food Operation or a permitted food facility as long as small farm food safety guidelines are followed and county zoning ordinances allow.

• Check with your city or county about any urban farm stand regulations if you are a community food producer.
• Example: Sacramento County Urban Agriculture Ordinance

Produce Stands, Agricultural Markets 

A market selling produce produced by people other than the owner or tenant of the land where the market is located is usually determined to be a "food facility," with stricter requirements for toilet facilities, janitorial facilities and other rules.

In addition to selling whole produce and shell eggs produced by the operator, farm stands are allowed to sell nonpotentially hazardous (shelf-stable) food products from an approved source.  This includes “value-added” products with ingredients produced on or near the farm, as long as they were prepared in a facility approved by the health department, such as a Cottage Food or commercial kitchen.  Examples include:

• Jams & jellies
• Pickles
• Cured olives
• Bottled water & soft drinks
• Bagged chips

• All food must be stored at least six inches above the floor or ground.
• No live animals, fowl or other birds are permitted within 20 feet of any area where food is stored or held for sale. This does not apply to guide dogs, signal dogs, or service dogs when used in the manner specified in Section 54.1 of the Civil Code. This section of the civil code addresses individuals with disabilities or medical conditions and their right to full and free use of all public places that are available to the general public.
• All garbage and refuse must be stored and disposed in an appropriate manner.
• All prepackaged processed food products offered for sale must be from approved sources and be stored in approved vermin proof structures or containers when the farm stand is closed.
• Food sampling: No food preparation at the farm stand, other than sampling. Food sampling is allowed if:
• at least a portable toilet and temporary hand-washing facilities are available for use by employees.
• Samples shall be kept in clean, non-absorbent, and covered containers. Any cutting or distribution of samples shall only occur under a tent, canopy, or other overhead covering.
• All food samples shall be distributed by the producer in a manner that is sanitary and in which each sample is distributed without the possibility of a consumer touching the remaining samples.
• Clean, disposable plastic gloves shall be used when cutting food samples.

Typically, only samples of non-potentially hazardous products that were prepared in certified home or commercial kitchens, such as Cottage Food Operatations, are allowed.  In order to offer other food samples, such as cut produce, approved toilet and handwashing facilities are required.