Selling or Donating Commercially Grown Produce in Rhode Island

Licensure, Permits, Certifications, and More

Compliance with Local and Federal Requirements for Commercial Farms
Use the information below to identify specific compliance needs for your farm. Requirements vary by state; if you’re expanding across state lines, check with each relevant state for market access regulations.

What Counts as “Processing” vs. Farming Activities?
Many farm activities, like growing, harvesting, packing, and holding produce, don’t typically require additional licensing. However, once produce is changed from its raw agricultural state, compliance with additional state and federal regulations as a food processor may be required. The RI Department of Health has issued new guidance (July 2022) titled Food Processing: Guidance for RI State and Federal Regulatory Requirements. This document details processing activities that require proper licensing.

Activities Considered Processing Include;
Juicing, freezing (including whole produce), drying that creates a distinct commodity (drying herbs or producing raisins is considered a “farm” activity, not a process), cutting (e.g., chopping lettuce heads into a salad mix), coring (with the exception of removing the cord from lettuce in the field), grinding/milling, cooking, irradiation, canning, fermentation, coating (beyond wax, oil or resin), artificial ripening, pasteurizing/homogenizing, infusing, distilling, removing kernels (e.g., popcorn), salting, seeding for a food produce (e.g. roasted pumpkin seeds) and smoking.

Harvesting vs. Processing
Standard harvesting activities like washing, cooling, ambient drying, curing, and removing stems, husks, or roots are not considered processing. These can be performed on the farm without additional licensing.

What is needed to sell whole, uncut produce?
All farms that grow, harvest, pack or hold produce must register their farm with RIDEM. In addition, you may need a 3rd party audit such as RIGAP certification or compliance with the FSMA Produce Safety Rule, depending on your buyer. Additional requirements may be needed so sell whole, uncut produce such as;

  • USDA Certified Organic – to use this claim, any producer or processor with a gross income from sales of organic agricultural products over $5,000.00 annually is required to be certified by a USDA-accredited certifier. Farmers looking for financial assistance and cost-share information towards organic certification should visit RIDEM’s webpage.
  • RI Farm to School Program – RIGAP certification is required to participate in RI’s Farm to School program.
  • Institutional Markets such as Hospitals – A third-party food safety audit like RIGAP or other private certifiers is required to sell to most if not all institutional markets. Some institutions may require compliance with the FSMA Produce Safety Rule. Check with your point of contact for more information.
  • Retailers such as Restaurants, Markets, Cafeterias and Caterers – You must obtain a Food Processor Wholesale License from the RI Department of Health. In addition, most retailers require a 3rd party food safety audit like RIGAP.
  • Wholesalers such as Farm Fresh – You must obtain a Food Processor Wholesale License from the RI Department of Health. Most retailers require a 3rd party food safety audits like RIGAP.
  • Food Donations such as RI Community Food Bank – Most Rhode Island Food Banks use the following guidance from the RI Community Food Bank. 
  • Farmers Markets – RIDEM State Farmer’s Markets require RIGAP training to sell whole uncut produce. For all other farmer’s markets, check with individual market manager on requirements. Click here to learn more about what is required from RI Department of Health to sell products other than whole uncut produce at any farmers market. For guidance on best food safety practice for RI Farmer’s Market click here.

What is needed to sell products made from commodities on my farm using my residential farm home kitchen? (examples include double crusted pies, jams, dried herbs and spices)
Obtain a Farm Home Food Manufacture License from the RI Department of Health. There are many imitations on what types of products you can make, all of which must be done in your residential farm home kitchen. 

What is needed to sell processed produce i.e., cut, chopped, sliced, roasted, frozen whole, seeded, dried, etc.?