What regulations do roadside stands have to follow?

Asked September 2, 2015, 10:11 AM EDT

I have a question about roadside stands and the Right to Farm Act. Do roadside stands have to conform with local regulations? I have a roadside farm stand that is in the parking lot of a commercial business. The stand does not meet the setback regulations and did not pull a season sales permit. The owner of the stand says that he is exempt from all regulations under the Right to Farm Act and can put his roadside stand anywhere he wants.

Livingston County Michigan

1 Response

Local regulation of farm markets can be complicated. Below is the GAMMPS regarding what can be regulated. Because it is located in a commercial area it gets even more complicated.

To get RTFA GAAMPS protection it must be sited on agriculturally zoned land. from page 3 of the GAAMPS

Use of space
A farm market may be a physical structure such as a building or tent, or simply an area where a transaction between a customer and a farmer is made. The farm market must be located on property owned or controlled (e.g. leased) by the producer of the products offered for sale at the market. The property on which the farm market is located does not have to be the land on which the products offered for sale are produced. For example, a farmer with a farm located far from normal traffic patterns may acquire control of land near a more heavily travelled road on which to locate the market. However, the market must be located on property where local land use zoning allows for agriculture and its related activities.

http://www.michigan.gov/documents/mdard/2015_FARM_MARKETS_GAAMPs_479959_7.pdf?20150902122300