Roadside stand out by the Hamptons (Long Island)
New York State Department of Agriculture & Markets (“NYSDAM”) has sanitation requirements for the direct marketing of food products. Pursuant to Article 17, NYSDAM regulates the food sanitary conditions of “retail food stores.” Said “retail food stores” do not include roadside stands, on-farm outlets, and farmers’ markets. Even though farmers participating in these methods are still subject to inspection, if the farmer is only selling (1) fresh whole fruits and vegetables (uncut), (2) eggs (if clean and properly refrigerated at 45 degrees F or less), (3) grains and legumes, and (4) honey and maple syrup, then he/she will typically only be inspected if NYSDAM receives a complaint. Farmers interested in selling certain highly perishable food products like meat and dairy may do so if the products are: (1) processed an an approved food processing facility, (2) prepackaged and properly labeled, and (3) kept at required cold temperatures to prevent spoilage or contamination.
If you are a farmer involved in the direct marketing of food products, it is highly suggested that you seek counsel to insure compliance with state and federal law.