Understanding Permissible Products at Registered Farmers Markets
Hello, I’m Oklahoma City business law attorney Dillan Savage with Wirth Law Office. I primarily serve clients in the Oklahoma City area. Today, I’m going to talk about the different types of products that can be sold at a farmer’s market in Oklahoma. The state has done its best to simplify the process for those running, registering, or selling at farmer’s markets, and the list of allowable items is outlined in Title 2, Section 5-3A.4 of Oklahoma law.
However, even with this list, the process can get a bit complicated. Since you’ll be selling food products, the Oklahoma Department of Agriculture and the State Department of Health have requirements to ensure public health and safety.
What You Can Sell at Oklahoma Farmers Markets
-
- Raw and uncut produce
-
- Whole shell eggs, properly licensed with the Oklahoma Department of Agriculture
-
- Meat, if properly licensed and compliant with both the Department of Agriculture and the State Department of Health
-
- Baked goods, as long as they comply with the Home Bakery Act of 2013, updated in 2017.
Under this act, you’re allowed to sell:-
- Bread
-
- Bagels
-
- Brownies
-
- Cakes
-
- Muffins
-
- Sweetbreads
-
- Baked candy
-
- Pastries
-
- Scones
-
- Snacks
-
- Crackers
However, the Act does not allow the sale of jams, jellies, pickles, or salsa under home baking rules.
-
- Baked goods, as long as they comply with the Home Bakery Act of 2013, updated in 2017.
-
- Processed foods and temperature-sensitive foods that:
-
- Meet all local, state, and federal requirements
-
- Are made with at least some ingredients grown, raised, or processed in Oklahoma
-
- Processed foods and temperature-sensitive foods that:
-
- Non-food items, but these must make up less than 25% of total sales. The primary focus of a farmer’s market is still agricultural and food-based products.
-
- Additional items authorized under rules established by the Oklahoma Farmers Market and Farmers Hub Act.
If you’re unsure about whether a particular item can be sold, you can consult your market manager or advisory board—but for full peace of mind, it’s a good idea to speak with an attorney.
At Wirth Law Office, we’re happy to help you navigate the legal requirements for starting or operating a farmer’s market.
Schedule a Low-Cost Consultation
If you found this video helpful—or think someone else might—please visit TheOklahomaCityAttorney.com. My name is Dillan Savage, and you can reach me at 405-888-5400 for a low-cost consultation.
