Frequently Asked Questions

Showing 1 to 12 of 20 questions

Licensing
Other Products

Can tinctures (combination of herbs in a solution) be sold with an MDARD license? Are there any other licenses or approvals required for the selling of tinctures?

Tinctures are substances made by dissolving a product, such as an herb, into alcohol and designed to be ingested. This is similar…

Licensing
Other Products

Can tinctures (combination of herbs in a solution) be sold with an MDARD license? Are there any other licenses or approvals required for the selling of tinctures?

Tinctures are substances made by dissolving a product, such as an herb, into alcohol and designed to be ingested. This is similar to a flavoring extract, such as vanilla, but tinctures typically advertise health claims and information about the dose to be consumed directly. Tinctures are not allowed to be sold under Michigan Cottage Food Law.

If you make any health claims or offer dosage information, the product may be considered a dietary supplement.

According to MDARD, “Dietary supplements are products such as vitamins, minerals, and herbs that claim to promote wellness. Dietary supplements are classified as food in the Michigan Food Law. That means firms must obtain a food establishment license in order to manufacture, hold, pack, label, distribute, or sell dietary supplement products.”

MDARD Cottage Food Landing Page

Licensing, MDARD Inspection

Our market is investigating a new location where part of the space is grass instead of asphalt. Are there any restrictions that we need to take into consideration?

Many farmers markets in Michigan operate on grass surfaces. Michigan Department of Agriculture and Rural Development (MDARD) requirements on the topic specifically…

Licensing, MDARD Inspection

Our market is investigating a new location where part of the space is grass instead of asphalt. Are there any restrictions that we need to take into consideration?

Many farmers markets in Michigan operate on grass surfaces. Michigan Department of Agriculture and Rural Development (MDARD) requirements on the topic specifically relate to vendors that are preparing food on-site. In this instance, part of their own licensing requirements may require that the surface on which they are preparing food is “able to be washed.” Since grass is not able to be washed, an alternative can be to put down a tarp, floor mats, or another durable, washable and slip-proof surface underneath their food prep area only.
Again, this only pertains to vendors preparing food on-site. If those vendors are licensed by their local county health department, they may interpret that MDARD requirement differently and not enforce it in that way.
All vendors not producing food on-site should be fine to set up on grass and all vendors doing on-site food preparation should check with the inspector who oversees their license.

Licensing
Meat

We have pig lard processed at a USDA facility.  We are licensed and sell our pork at farmers markets, but my question is, are we able to render the USDA lard at home and sell at the market in mason jars if we label correctly? Or does that have to be done in a commercial kitchen in order to sell? thank you!

Lard is an animal product and would require a food license to be rendered and sold. The rendering would need to take…

Licensing
Meat

We have pig lard processed at a USDA facility.  We are licensed and sell our pork at farmers markets, but my question is, are we able to render the USDA lard at home and sell at the market in mason jars if we label correctly? Or does that have to be done in a commercial kitchen in order to sell? thank you!

Lard is an animal product and would require a food license to be rendered and sold. The rendering would need to take place in a commercial kitchen and you must have a license with MDARD at that kitchen to process and sell the product.

Cottage Food, Other Products

I am interested in selling syrups to make cocktail/mocktails. Are simple syrups allowed to be sold under the Cottage Food Law?

No, simple syrups are not eligible to be sold under Michigan Cottage Food Law. Simple syrups are considered Time/Temperature Controlled for Safety…

Cottage Food, Other Products

I am interested in selling syrups to make cocktail/mocktails. Are simple syrups allowed to be sold under the Cottage Food Law?

No, simple syrups are not eligible to be sold under Michigan Cottage Food Law.

Simple syrups are considered Time/Temperature Controlled for Safety (TCS) because there are so many variables in the product that they can’t all be classified under one consistently safe standard.  If you want to see if your products are not TCS, we recommend reaching out to the MSU Product Center for consulting.

MSU Product Center Services

Licensing
Other Products

What are tinctures and are they allowed to be sold without a license?

Tinctures are substances made by dissolving a product, such as an herb, into alcohol and designed to be ingested. This is similar…

Licensing
Other Products

What are tinctures and are they allowed to be sold without a license?

Tinctures are substances made by dissolving a product, such as an herb, into alcohol and designed to be ingested. This is similar to a flavoring extract, such as vanilla, but tinctures typically advertise health claims and information about the dose to be consumed directly. Tinctures are not allowed to be sold under Michigan Cottage Food Law.

If you make any health claims or offer dosage information, the product may be considered a dietary supplement.

According to MDARD, “Dietary supplements are products such as vitamins, minerals, and herbs that claim to promote wellness. Dietary supplements are classified as food in the Michigan Food Law. That means firms must obtain a food establishment license in order to manufacture, hold, pack, label, distribute, or sell dietary supplement products.”

Cottage Food Law
Cottage Food

Are extracts (such as mint or vanilla) allowed to be sold without a license?

No license is needed to sell extracts for flavoring, and they are eligible to be sold under Michigan Cottage Food Law. Please…

Cottage Food Law
Cottage Food

Are extracts (such as mint or vanilla) allowed to be sold without a license?

No license is needed to sell extracts for flavoring, and they are eligible to be sold under Michigan Cottage Food Law.

Please note that flavoring extracts are different than tinctures, which have different requirements.

Dairy

Can my vendor sell raw milk or advertise their herd share at my market?

Raw milk is not permitted to be sold at Michigan farmers markets. In Michigan, herd shares are the only legal way to…

Dairy

Can my vendor sell raw milk or advertise their herd share at my market?

Raw milk is not permitted to be sold at Michigan farmers markets.

In Michigan, herd shares are the only legal way to sell raw milk. Raw milk should not be brought to or picked up at the farmers market. Advertising the availability of herd shares at the farmers market is technically allowable, but not advised.

MDARD: What's the scoop on raw milk?

Licensing
Plants

Does a vendor need a nursery or other license to sell cut flowers if the plants they come from are perennials?

No, no license is required to sell cut flowers from perennial or annual plants…

Licensing
Plants

Does a vendor need a nursery or other license to sell cut flowers if the plants they come from are perennials?

No, no license is required to sell cut flowers from perennial or annual plants.

Nursery License FAQ

Licensing
Plants

What licensing is needed to sell wild foraged mushrooms at the market?

A Wild Mushroom Expert Certification is required, and the sale of wild foraged mushrooms is regulated by the MDARD Food and Dairy…

Licensing
Plants

What licensing is needed to sell wild foraged mushrooms at the market?

A Wild Mushroom Expert Certification is required, and the sale of wild foraged mushrooms is regulated by the MDARD Food and Dairy Division.

Wild Foraged Mushrooms Information

Cottage Food Law
Cottage Food

Can pet treats be sold under Michigan Cottage Food Law?

No. Cottage Food Law applies to human grade food only for human consumption. Dog treats and pet feed require a Commercial Feed…

Cottage Food Law
Cottage Food

Can pet treats be sold under Michigan Cottage Food Law?

No. Cottage Food Law applies to human grade food only for human consumption. Dog treats and pet feed require a Commercial Feed License to be sold. Once licensed, they must also comply with labeling and other requirements.

Animal Feed Label Requirements

Cottage Food Law, Labeling
Cottage Food

Can my vendor sell their bagels (or similar products) out of a display case at their booth instead of individually pre-packaging them at home? They operate under Michigan Cottage Food Law.

Pulling items out of a display case and putting them into an individual package is an act of packaging. Cottage Food vendors…

Cottage Food Law, Labeling
Cottage Food

Can my vendor sell their bagels (or similar products) out of a display case at their booth instead of individually pre-packaging them at home? They operate under Michigan Cottage Food Law.

Pulling items out of a display case and putting them into an individual package is an act of packaging. Cottage Food vendors are expected to do all packaging in their home kitchens.

Licensed vendors, depending upon their license, may be able to do some packaging on-site as an extension of their licensed facility.

Food Law Excerpt

Licensing
Eggs

Do I need a license to sell eggs at the farmers market?

It depends on the size of your operation. Producers with less than 3,000 hens are license exempt under the Michigan Food Law…

Licensing
Eggs

Do I need a license to sell eggs at the farmers market?

It depends on the size of your operation.

Producers with less than 3,000 hens are license exempt under the Michigan Food Law. Producers must be selling eggs of their own production direct to consumer and comply with labeling and other requirements.

Producers with over 3,000 hens require a Retail Food Establishment License.

Product Licensing Guide