Market Rules and Regulations

At the state level, Oregon does not require farmers markets to have a permit or license to operate. Markets should check with their city or county government to see if any sort of local permit is needed. If the market is using property owned by a government entity, then permission in the form of some sort of contract, lease, or permit to close it off and use that space is typically necessary.

Food Sampling

Shopping Bags

Product sampling can be a powerful marketing and promotional tool, and provides a valuable outlet for testing new recipes or ideas.

Neither the Oregon Department of Agriculture (ODA) nor county health departments require farmers markets or vendors to get a license or permit to prepare or give out samples. Food Handler Cards from the county are not required for the sole purpose of sampling. However, markets and vendors must follow food safety practices when sampling food products to the public.

Check out OFMA’s very robust sampling toolkit for more information on how to offer samples safely, and to understand how to maximize sampling to increase sales or get customer feedback to develop a product.

Requirements on the types of bags markets and vendors can offer customers become effective statewide Jan 1, 2020. See: DEQ’s Bag Guide and OFMA’s Single Use Bag Guide for Farmers Markets and Vendors.

Free Speech

Many farmers markets face questions about free speech, and what types of restrictions markets can place on activities like leafleting, political campaigning, and protesting. Are farmers markets obligated to allow these types of activities as exercises of free speech under the First Amendment? A free-speech factsheet from Center for Agriculture and Food Systems (CAFS), breaks down this complicated question. For those who learn better by listening, try this Oct 2020 Tent Talk podcast featured Lihlani Nelson, Associate Director of CAFS, who helped write the factsheet (skip to 17:00).