Farmers Market Resources
UDAF Regulations for Farmers Markets
UDAF Regulatory Services Division oversees:
- Home-based food processing
- Cottage Food Program
- Home Consumption and Homemade Food Act (Utah Code 4-5a or HB 181)
- Commercial food processing
- Retail Food Program
- Manufactured Food Program
- Dairy
- Small egg producers (less than 3,000 laying hens)
- Honey
- Voluntary inspection of cosmetics (e.g., honey lip gloss, goats milk body bars)
UDAF Animal Industry Division oversees:
- Animal slaughter and harvest
- Aquaculture
- Many processed animal products (e.g., jerky, frozen steaks, sausage)
- Various levels of oversight for “Exempt” processing (e.g., small poultry flocks <1000 birds)
UDAF Plant Industry Division oversees:
- Seed crops
- Beekeeping
- Hay
- Animal feed and pet treats
- Organic certifications (crops and processed foods)
- Farms growing produce that falls under the Produce Safety Rule (most small farms are exempt from inspection under this rule but are still required to register with UDAF)
UDAF does not oversee:
- food service
- food trucks
- on-site food preparation
- food that is prepared to order, then handed to the customer to eat (“service”)
For these types of activities, please contact your local health department.
Market Manager Responsibilities
- Register the farmers market with UDAF Retail Food Program.
- Designate a Person in Charge: The Person in Charge is responsible for the vendors at the market. They must be available at the market and must be available to accompany the UDAF inspector during the routine inspection.
- Ensure that food vendors are properly registered or permitted: any vendor selling prepackaged foods (i.e baked goods, candy, honey, etc.) must obtain a UDAF food establishment registration (other than vendors operating under the Home Consumption and Homemade Food Act) or a local health department permit for foods cooked onsite for immediate consumption (i.e. food trucks and food carts).
Resources for Market Managers
Marketing Products at Farmers Markets and Produce Stands
The integrity of Utah’s local food system depends on transparent labeling regarding where and how food is grown. Accurate representation of locally grown, organic, and pesticide-free products supports the economic health of our farming community. Consistent labeling practices protect consumers and ensure a level playing field for all vendors at our markets and stands.
Example of Misleading Claims
- “Locally Grown” when produce was purchased from wholesalers or grown outside the local region.
- “Organic” when the farm is not certified through the USDA National Organic Program.
- “No Pesticides” or “Chemical-Free” if pesticides or chemical treatments were used at any stage of production.
- “From My Farm” or “Farm Fresh” when the vendor is reselling produce obtained from another farm without clear disclosure.
Misrepresentation of these claims may constitute consumer fraud or false advertising.
Best Practices for Vendors
To maintain transparency and trust:
- Label products honestly and accurately.
- Only use “organic” if certified, or clearly state “not certified organic.”
- Disclose the farm or region where produce was grown.
- If reselling produce, clearly identify the originating farm.
- Maintain documentation supporting claims regarding growing practices.
- Follow all farmers market rules regarding vendor representation.
Tips for Consumers
Consumers can help protect the integrity of farmers markets by:
- Asking vendors where produce was grown.
- Requesting organic certification when “organic” is claimed.
- Reporting suspected misrepresentation to market managers or state regulators.
Regulatory Oversight
Agricultural marketing claims may be regulated by:
Utah Department of Agriculture and Food (UDAF)
Oversight of agricultural compliance and labeling within Utah.
USDA National Organic Program (NOP)
Federal regulation of the term “organic.”
Federal Trade Commission (FTC)
Enforcement of truth-in-advertising and consumer protection laws.
Improper use of regulated terms such as “organic” can result in significant federal penalties.
Relevant Utah Statutes and Rules
The following Utah laws may apply to misleading marketing or labeling of agricultural products:
Utah Agricultural Code – Wholesome Food Act
- Utah Code § 4-5-401 – Unlawful acts including selling or advertising misbranded food and disseminating false advertising.
- Utah Code § 4-5-201 – Food is misbranded if labeling is false or misleading.
Utah Agricultural Products Marketing
- Utah Code § 4-8-105 – Prohibits false or misleading statements on labels, containers, or advertisements for agricultural products.
Frequently Asked Questions Regarding Farmers Markets
Does my market need to be registered with the Utah Department of Agriculture and Food (UDAF)?
Yes, unless you only have vendors selling raw, uncut produce that they grew themselves. If any vendor wishes to sell packaged or processed foods, such as jams, cheese, salsa, or pre-washed, ready-to-eat, cut leafy greens, then the market no longer qualifies for the "Farmer's Market" exemption and must be registered.
How do I get registered?
Contact the UDAF, Department of Regulatory Services, at (385) 332-1499 or
[email protected]. They will help you identify the inspector for your area and how
to contact them. You will need to arrange your registration with that inspector.
What does it mean to be a "Person in Charge"?
The Person in Charge is responsible for the vendors at the market, and must be available to accompany the UDAF inspector during the routine inspection. If the market manager or other regular Person in Charge is not present, a new Person in Charge must be designated. There must always be a Person in Charge present at the market.
What are my responsibilities for the safety of foods being sold at my market?
You are responsible for ensuring that any vendors at your market who are selling food, other than uncut, raw produce, are either manufacturing that food in a registered facility and under inspection, or are purchasing the food from such a facility. Any vendor who is selling such products and cannot produce proof of registration should be asked to stop selling those products or leave the market.
A vendor wants to sell food at my market. What do I need to do?
First, have the vendor submit to you a copy of the local health department permit or the Department of Agriculture and Food Certificate of Registration. After receiving this, look at it closely to be sure it is current. If you have any questions at all, call us at (385) 332-1499 or [email protected]. You must keep this record available for inspection at the market.
A vendor intends to sell sausages and has a certificate of registration.
This is ok isn’t it? Maybe not. The retail sale of meat and poultry comes under federal regulations. Reach out to us at (385) 332-1499 or [email protected].
The Boy Scouts want to sell cookies they baked as a fund raiser at my market. Can I let them?
No. Although such sales are normally allowed without regulation, the sales become regulated if done within the context of a “market”. If they set up outside the boundaries of your market they will be in compliance with our regulations.
Do I need to have a copy of my registration at the booth?
Yes. If you are required to be registered with UDAF, in addition to the photocopy of your certificate which you should have provided to the market as part of your application, you must also post a copy at the booth, within easy view of your customers. This will help alleviate any concerns customers might have about foods from unauthorized sources.
What is a "Potentially Hazardous Food"?
"Potentially Hazardous Foods," or PHF, are those that can support the growth of pathogenic bacteria, such as Salmonella or E. coli. They either need to be kept refrigerated (41 F or below) or kept hot (135 F or above) in order to prevent that growth and keep the food safe to eat. PHF that is allowed to stay in the dangerous temperature zone between 41 F and 135 F for more than a couple of hours can cause serious illnesses among those who consume it.
I just want to sell cookies that I bake at home, do I need to be registered with the Department of Agriculture and Food or have a permit from my local health department?
The selling of food to the public always requires an approval, with a couple of exceptions. Yes, you need a registration from the Department of Agriculture and Food.
I sell foods that need to be kept refrigerated. Can I keep them in coolers with ice?
Mechanical refrigeration is preferred, but under some restrictions, ice may be used. Unwrapped food cannot come into contact with ice or water. A packaged food into which water might infiltrate cannot be immersed in ice; non-waterproof lids, for example, must stay above the surface. The labeling must either be kept dry or be constructed to prevent damage by water. The food must maintain a temperature of 41 degrees F or below at all times. If any of these conditions cannot be maintained, then you will need to find a different method to keep your foods at the correct temperatures.
I sell my products frozen. How can I keep them cold at the market?
Frozen foods must be kept frozen and not allowed to thaw. A mechanical freezer is the preferred option. Regular water ice may not be cold enough to maintain frozen foods in a frozen state, but dry ice, in sufficient quantity, should be able to do so.
I only sell vegetables. Do I need to be registered with UDAF?
The sales of uncut, raw produce are exempt from registration requirements, IF sold by the person who grew them. However, if you choose to cut prior to taking them to market or package them as ready to eat then you are no longer exempt and would need to register. If you cut vegetables at the market to give as samples, this activity is regulated by your local health department. Please also be aware that a permit may be required for sampling.
I want to sell dried herbs and spices. Do I need to be registered with UDAF?
Yes, drying herbs is considered processing, as is the packaging of such herbs. These processes must be done in an inspected facility, and therefore you must be registered.
What are leafy greens? Are they treated differently?
Leafy greens include all iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e., immature lettuce or leafy greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula and chard. They are often presented in bags and may appear to be ready to eat even when they still need to be washed. If the plant is harvested by cutting through the stalk, even if it is subsequently rinsed to remove visible soil, the greens would be considered whole, uncut, raw produce and fall under the exemption. If the leaves are removed from the plant or are otherwise further cut, they become potentially hazardous and are considered to be processed. In this case, the business must be registered.
I make pet treats to sell at farmer’s markets and other places. Do I need to be registered?
Yes, contact the Division of Plant Industry at the Utah Department of Agriculture and Food at (801) 982-2306 or [email protected].
I grow barley and would like to package it and sell it at farmer’s markets. Can I do that?
Yes, no registration is required if sold as food. But grains sold as seed need to be registered by the Division of Plant Industry at the Utah Department of Agriculture and Food at (801) 982-2306 or [email protected].