First Time Farmers Market Vendor - Ask Extension
I will be vending in a local farmers market in Columbus this year, selling produce from my backyard garden. I'm selling a variety of specialty crops s...
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First Time Farmers Market Vendor #894206
Asked March 12, 2025, 12:31 PM EDT
I will be vending in a local farmers market in Columbus this year, selling produce from my backyard garden. I'm selling a variety of specialty crops such as tomatoes, peppers, cucumbers, potatoes, onions, etc. The market I am selling for is Westgate Farmers Market where I am also a board member. From a vending standpoint, I don't know what I need to have legally. Do I need to register my backyard garden as a small business? Do I need a tax ID number or EIN? What kind of insurance do I need? Since I am selling produce, what do I need in order to accept SNAP and other produce benefits? Will I need to submit a 1099 if I am selling something that doesn't require taxes? Lastly, what if I sell vegetable starts for people to put in their gardens? Will that need to be taxed?
Franklin County Ohio
Expert Response
Hello Maddie,
Great questions. Let's go through them.
1. You do not need to be registered with anyone if you are only selling fresh produce. You cannot for example cut them in anyway except the harvest cut. So not cubing a melon, or chopping greens. Again, harvest cut only. And food in Ohio is non taxable so you do not need a vendors license. Here is a great resource with additional information: https://farmoffice.osu.edu/food-law
2. As for insurance, talk with your insurance provide and explain what you are doing. Usually you will need general liability insurance as well as product liability insurance.
3. As for accepting SNAP you can learn about that by reading this factsheet: https://ohioline.osu.edu/factsheet/anr-0065
4. You will not need to file a 1099 but do need to claim the income on your tax returns. I would suggest talking with an accountant for more information.
5. Finally, if the vegetable starts produce food, they are non-taxable. If however you are doing flowers that are not edible, those are taxable.
Please feel free to email me with additional questions, <personal data hidden>.
Great questions. Let's go through them.
1. You do not need to be registered with anyone if you are only selling fresh produce. You cannot for example cut them in anyway except the harvest cut. So not cubing a melon, or chopping greens. Again, harvest cut only. And food in Ohio is non taxable so you do not need a vendors license. Here is a great resource with additional information: https://farmoffice.osu.edu/food-law
2. As for insurance, talk with your insurance provide and explain what you are doing. Usually you will need general liability insurance as well as product liability insurance.
3. As for accepting SNAP you can learn about that by reading this factsheet: https://ohioline.osu.edu/factsheet/anr-0065
4. You will not need to file a 1099 but do need to claim the income on your tax returns. I would suggest talking with an accountant for more information.
5. Finally, if the vegetable starts produce food, they are non-taxable. If however you are doing flowers that are not edible, those are taxable.
Please feel free to email me with additional questions, <personal data hidden>.
