Understanding what licenses or permits are needed to sell or donate produce from your farm depends on many factors. Use the information below to help determine what your farm specifically needs to comply with local and federal requirements. Individual state requirements vary. Check with any other states you are trying to do business with if looking for market access across state lines.
What is a “process” versus normal farming activities.
Many activities are common on a farm, like growing, harvesting, packing, and holding produce. When produce is changed or processed from its raw agricultural state, a farmer often has to comply with federal and state regulations as a food processor. RI Department of Health has recently (July, 2022) put out a new guidance doc. – Food Processing: Guidance for RI State and Federal Regulatory Requirements.
Many activities fall under the definitions of “manufacturing/processing,” and the key distinction for FDA is whether you are transforming a product in any way. Some types of processing that changes produce from its raw agricultural state and would not be allowed unless processing licensures are in place can include:
- JUICING
- FREEZING (including whole produce)
- DRYING that creates a distinct commodity
- If you dry or dehydrate without doing any additional processing (e.g. drying herbs, or drying grapes to make raisins), then that activity falls is considered a “farm” activity and not a facility activity.
- CUTTING (i.e. lettuce heads into a salad mix, saffron threads), CORING, CHOPPING (i.e. selling melon halves), or SLICING
- Except field coring (e.g. removing the core of lettuce in the field), which is considered a harvesting activity.
- SPIRALIZING (to create noodles)
- GRINDING OR MILLING
- COOKING
- IRRADIATION
- CANNING
- FERMENTATION
- COATING (with things other than wax, oil, or resin)
- ARTIFICIAL RIPENING
- PASTEURIZING OR HOMOGENIZING
- INFUSING
- DISTILLING
- REMOVING CORN KERNELS TO MAKE POPCORN
- SALTING
- SEEDING TO MAKE A FOOD PRODUCT (i.e. roasted pumpkin seeds)
- SMOKING
Important distinction! Washing, cooling, ambient drying, curing, or removing stems, husks, or roots when performed on a farm are considered to be typical harvesting activities and do not count as a process that would change produce from a raw agricultural state.
Selling whole, uncut produce
- All farms that grow, harvest, pack or hold produce must register with RI Department of Environmental Management/Division of Agriculture. Register your farm online by clicking here.
- In addition, you may need RI GAP certification or compliance with the FSMA Produce Safety Rule, depending on your buyer or state regulations. To determine your regulatory status under the Produce Safety Rule, use this online Coverage Determination Tool from the RI DEM/Division of Ag.
Selling whole, uncut produce as certified organic
- Any producer or handler (processor) with gross income from sales of organic agricultural products over $5,000.00 annually is required to be certified by a USDA-accredited certifier. Operations exempt from certification are also required to comply with the production, handling and record-keeping requirements of the National Learn more about becoming certified organic by visiting RI DEM Certified Organic and/or the USDA website.Organic Program (NOP) standards. NOP Standard 205.101(a)(1): The products from exempt, non-certified operations may not be used as ingredients identified as organic in processed products produced by another handling operation
- Learn more about becoming certified organic by visiting RI DEM Certified Organic and/or the USDA website.
Selling whole, uncut produce to RI schools
- RI GAP certification required.
- Learn more about training and certification.
Selling whole, uncut produce to institutional markets i.e., hospitals
- Food safety certification is required to sell to most if not all institutional markets i.e. RI GAP or other private certifiers, check with your point of contact for more information.
Selling whole, uncut produce to a retailer
(examples include restaurants, markets, cafeterias, and caterer/commissaries)
- Obtain a Food Processor Wholesale License (In-State if your farm is in RI) from the RI Department of Health.
- Most retailers require a 3rd party food safety audits, i.e., RI GAP certification.
Selling whole, uncut produce to a wholesaler
(examples include grocery stores, Farm Fresh RI, WhatsGood etc.)
- Obtain a Food Processor Wholesale License from the RI Department of Health by clicking here.
- Most retailers require a 3rd party food safety audits, i.e., RI GAP certification.
Selling Products made from 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. Learn more.
Selling Processed Produce
(i.e., cut, chopped, sliced, roasted, frozen whole, seeded, dried, etc.)
- Obtain a Food Processor (Retail or Wholesale depending on the business plan) license through RI Department of Health
- Additional Resource – Food Processing: Guidance for RI State and Federal Regulatory Requirements.
- In addition, you may need to comply with the FSMA Preventive Control for Human Food regulation. For questions, contact Nicole Richard at URI by emailing nleydon@uri.edu.
Selling at a RI Farmers Market
- Depends on what type of products you are trying to sell. Learn more
- To participate in a RI DEM State Market, RI GAP training is required.
- Some markets might require Insurance/Product Liability.
Donating whole, uncut produce to RI Food Pantries
- Most Rhode Island Food Banks follow guidance from the RI Community Food Bank. Learn more.