MDA receives upwards of several hundred questions a week via our online web address. We've chosen to highlight some of those and their answers here on our website. If you have any questions, please don't hesitate to send them to us at mda-info@michigan.gov. This week's question on the sale of herbs at farmers' markets is asked several times a year. The answer is in three parts, one from our Plant and Plant Pest Management Division, one from Food & Dairy Division, and one from our Agriculture Development Division.

17. It is my understanding that I can sell potted herbs and fresh-cut herbs, but not dried herbs because then I would need to license seperate facilities for inspections. I would like to sell from home and at farmers' markets and such (mostly farmers' markets). Is the General Nursery (Grower) License the only license I would need? Also, I cannot find contact information for the Sanford or Clare farmers' markets on your website (I have found times and days). I have also tried calling the cities' chambers of commerce. Do you know who I could contact about these farmers' markets?
    

1. From MDA's Plant & Plant Pest Management Division:

   Sale of perennial potted herb plants from the growing location would require a grower license. If you only grow annual species such as rosemary or cilantro, no license is required. Small scale grower licenses are available for those with less than 1/4 acre for outdoor production or for 200 square feet or less of greenhouse production. These run $40 compared to the $100 for a regular license fees. Those who sell from the place of production and at market also would need a market license. Small scale grower market licenses are available at the same reduced rate if one qualifies. If you only sell at a market, you might get by with just the small scale market license

   From MDA's Food & Dairy Division:
   
   

   Fresh-cut herbs: Sale of live herbs growing in pots to be used for food do not need a license from Food & Dairy. You've addressed the issue quite well. Sale of fresh-cut herbs (herbs that have been removed from pots and have no dirt attached), whether they are packaged or not, would require a food establishment license.

   Dried herbs: Sale of herbs that have been dried for use as food would require a food establishment license.

   The food establishment license is actually issued for the area where the herbs are cut, washed, packaged, and labeled. That area must be separate from one's home kitchen. If remodelling your home/garage to include such a kitchen is beyond the scope of your project, you can utilize already licensed kitchens such as those found at various churchs, clubs, and organization's.
   
   A separate license to sell at a farmer's market is not required.

   From MDA's Agriculture Development Division:
   
   

   Neither of the farmers' markets you're searching for chose to be listed in MDA's biannual Michigan Farm Market and U-Pick Directory for 2006-2007. Here's the information they shared with us in 2004-2005:
   
   

   • Clare Gateway Farmers' Market - Gerry Schmiedicke, 989-386-3162
   • Sanford Farmers' Market - Bob Richmond, 989-687-6476

   
   You may also wish to check with the newly formed Michigan Farmers' Market Association
   
   Click here to search for Michigan Farmers' Markets that have elected to be listed in the Michigan Farm Market and U-Pick Directory
   
   

   (Question answered by Mike Bryan for Pesticide & Plant Pest Management Division, Food & Dairy's Suzanne Kidder, and Karel Bush, of Agriculture Development)