Farm Stand requirements for central NYS? - Homesteading Today
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  #1  
Old 01/09/13, 09:15 AM
Rock On
 
Join Date: Dec 2005
Location: upstate , ny
Posts: 166
Farm Stand requirements for central NYS?

I'm curious to the minimum requirements I need to operate a farm stand within the legal framework of NYS? I'm hoping someone here can help b/c I know if I go through official channels I get advice that will take all the profit and add additional headache.

Situation:
There is a derelict building built in the 1900s that I plan on making an offer on. This building is roughly 200sq foot. Its right down the street from me (easy walk) and on a more visible road then my 14 acre homestead.

Plan of action:
Take this building and clean/fix/make look cool. My neighbors are working types with resources/willingness to buy good food. I have a good knowledge and relationships with area orgainic farmers through our csa's/farmers markets etc. I would like to sell their fruit/veggies/value added stuff there (no dairy,meat or anything not local). I would then be adding my seasonal surplus to the mix as I start moving away from the building focus and move toward more growing food crops we like to eat.

Things I might need to do , but not sure about.

1. Do I need a scale? I'm totally cool with selling by the piece rather then weight. I understand if I have a scale it has to be checked once a year by bearu of weights and measurements.

2. Pretty sure there is an inspection from State (I believe) once a year of said farmstand to make sure its safe?

3. Do I need Certificate of Sales tax id? I'd prefer to operate under my name only (No farm name or any DBA). I do this with my current business (IT service) and it works well.

4. Anything I'm missing?

Success stories/failure stories welcome as well.
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  #2  
Old 01/09/13, 09:52 AM
 
Join Date: Jul 2002
Location: Desert of So. NV
Posts: 2,139
"I'm curious to the minimum requirements I need to operate a farm stand within the legal framework of NYS? I'm hoping someone here can help b/c I know if I go through official channels I get advice that will take all the profit and add additional headache."

Ummm, the above is confusing to me. If you want to do this legally, the advice you get from official channels will be what the law is, right? If indeed the laws take some of your profit, well, that's the law.

If you attempt to do it without the proper permits, or certificates, or inspections, etc., then of course you run the risk of operating your stand illegally.

Maybe I am just totally not understanding your questions. The only way you will know for sure what is expected is to call the proper county/state offices that oversee this type operation to know how to proceed. They often do also have all that information online.
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  #3  
Old 01/09/13, 09:56 AM
Rock On
 
Join Date: Dec 2005
Location: upstate , ny
Posts: 166
I apologize if its confusing. I was hoping to find someone who runs a farmstand in Ny I guess. I know that there is no problem in the town. I want to do it legally just as minimalistic as possible.
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  #4  
Old 01/09/13, 10:18 AM
 
Join Date: Feb 2004
Location: NY - Finger Lakes Region
Posts: 1,047
Quote:
Originally Posted by speedfunk View Post
I apologize if its confusing. I was hoping to find someone who runs a farmstand in Ny I guess. I know that there is no problem in the town. I want to do it legally just as minimalistic as possible.
I got a few friends that do. I'll ask.

ETA: Here is a pdf of a presentation on the subject. It contains contact info for the presenter. You might want to contact him.

http://www.farmland.org/programs/sta...g-1-Somers.pdf
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Last edited by Steve L.; 01/09/13 at 10:24 AM. Reason: Add content.
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  #5  
Old 01/10/13, 05:28 AM
 
Join Date: Jan 2009
Location: New York
Posts: 1,656
Glad to see I'm not the only one confused.....
My neighbor's kids run a "farmstand" in their front yard whenever the garden starts to overflow with veggies; no permits, etc.... but then it's only a small trailer maybe 4x10 with a roof and tarps to keep things dry.
In turn, down the road a ways, the Amish have a built farmstand, and have a couple of permits hanging on one of the walls. Never read the permits so don't know if'n they are for "selling" or for the building.
Me personally, I would start with town/village officals and work up from there. No sense in making plans etc only to find out the "local" ordiances are against you.
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  #6  
Old 01/10/13, 10:42 AM
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Join Date: Feb 2005
Location: Kentucky
Posts: 3,232
Your county laws/requirements might be way different from the next county over. I don't understand your fear/apprehension at contacting your representatives to get a perfect odea of what is required.....have you googled anything?

Not sure where you are but I found the requirements for here in Ky on the internet. It might depend on how far you want to proceed - that's the case here in my state.

You will absolutely need a legal scale and have it inspected regularly. You will need a bathroom and probably a sink of some sort; maybe a mop sink. As of now, there is no sales tax for food stuff so you might not need one; however if you sell other stuff that does charge sales tax on, you will need to do that. If you are just selling veggies and fruits - might not be too complicated and you might be really surprised with some online research.
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  #7  
Old 01/10/13, 12:45 PM
 
Join Date: Feb 2004
Location: NY - Finger Lakes Region
Posts: 1,047
Micheal, speedfunk, what counties are you in?
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  #8  
Old 01/10/13, 12:54 PM
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Join Date: Nov 2003
Location: NY
Posts: 3,830
Most of your issues will come with your local ordinances.
I run a "farm stand" on my property. It is not on the road. It is part of my greenhouse.
I sell all extra vegetables that i have.
I have a posted price list. Some things are sold by weight some by volume. I have a scale but it is not fancy just a kitchen scale. Customers must be let in at the gate and I accompany everyone. No honor system.

I claim the income as part of our farm income. No one has ever inspected it.
But if it were on the road or not my building that might be different.
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  #9  
Old 01/11/13, 08:52 AM
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Join Date: Mar 2011
Posts: 2,853
I have a friend that sells at markets in NY. The last thing you want to do is not obey the local ordinances. If you get on the bad side of the local government, then they will make your life miserable and you may be put out of business. In addition, the farmers/flea markets/small store circuit is a very competitive world. Don't be surprised if you start making a lot of money and someone reports you for not following ordinances.

The zoning is another issue. Check to make sure that a commercial business is allowed. Realize that if the building is declared commercial, then your taxes will go up on the property. There will also be a reassessment taken once the building is restored. You may also need permits to restore the building.

Last edited by Raven12; 01/11/13 at 09:09 AM.
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