Laws and regulations for road side stands

Question:

I’m wondering if you have any information regarding laws and regulations of road side stands. For instance, are there polices that forbid people living in the city to sell their homegrown produce in their drive way (like a garage sale)? Farmers (in rural settings) can usually have road side stands, but I don’t see any within the city limits; is this due to laws and regulations?

Response:

This is a Minnesota State Constitutional matter.  Article 13, Section 7 of the Constitution of the State of Minnesota:

“Sec. 7. No license required to peddle. Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor.”

https://www.revisor.leg.state.mn.us/constitution/


This section was cited by the MN State Supreme Court in a case in 2005, which led to the end of Minnesota Department of Agriculture’s licensing requirements for sale of products of the farm.  Many cities in Minnesota also have exemptions from licensing for farm stands, roadside sales, farmers’ markets, or other ways that sales of products of the farm or garden might take place, based on this Constitutional provision.  If they don’t, they should.

“Occupied and cultivated” includes rental situations.

Note that the Constitutional protection for these sales extends *only* to products of the farm or garden of the person selling the product.  It does not extend to a farmer selling a neighbor’s products.  It does not extend to a farmer selling products that have had purchased ingredients added (like salt, sugar, spices….).  Those types of sales would need to be licensed.
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