Custer Farmers Market, Custer, South Dakota
           

Vendor Information
All Vendors and Non-Profits must be pre-approved before a space is assigned. Approval by Market Manager.

All vendors are required to have a valid South Dakota Sales Tax Certificate, and must show a certificate of Liability Insurance before being allowed to set up at the market.

What you need to be legal at The Custer Farmers Market..

 Scales must be certified.

 Department of Public Safety, Division of Inspection and Licensing (605) 773-3697 They can get your scales certified and may help with certain labeling and packaging requirements. Yes, even if you’re selling apples at the farmers market. Also if you are custom harvesting and transporting products a temporary harvest permit may be necessary

State Sales Tax License

Department of Revenue (605) 773-3311 Sales tax licenses. Ask questions about out- of-state sales over the internet and use tax. Farm winery licenses and the excise tax on alcohol paid to the state are issues they also deal with. 

License  or Permit Required
Department of Agriculture, Division of Regulatory Services (605) 773-3724Nurseries, seed sellers, feed manufacturers, bee keepers, pesticide applicators and most activity associated with dairies, dairy products and eggs.

Proof of Insurance

Most Farm and Dairy producers carry off site liability insurance on their products. As a small producer (Home Gardner, Baker, Egg Producer, Crafts Person, Small Cheese or Goats Milk Producer) you may be able to get a rider on your home insurance policy, otherwise you are responsible for any damages or claims against you and or your products.


We will require that you sign a contract with a Hold-Harmless agreement. The contract will also include Market Rules and Regulations that will state clearly what vendors and products are allowed, space rental, market etiquette, sanitation, Carrying (selling other vendor items in your space) crafts, and other essential issues. Hope to have the application/contract ready late March or early April.


FOR AN ACT ENTITLED, An Act to exempt persons selling certain foods at farmers' markets from licensure requirements and to establish other requirements for the sale of those foods.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    
Section 1. That chapter 34-18 be amended by adding thereto a NEW SECTION to read as follows:
    No person selling whole, intact fresh fruits or vegetables at a farmer's market, roadside stand, or similar venue is required to be licensed pursuant to this chapter. 
   
 Section 2. That chapter 34-18 be amended by adding thereto a NEW SECTION to read as follows:
    No person selling baked goods or non-temperature-controlled home-processed canned goods at a farmer's market, roadside stand, or similar venue is required to be licensed pursuant to this chapter. However, any baked goods or non-temperature-controlled home-processed canned goods sold at a farmer's market, roadside stand, or similar venue shall meet the requirements of section 3, if applicable, and section 4 of this Act.
    
Section 3. That chapter 34-18 be amended by adding thereto a NEW SECTION to read as follows:
    No canned good may be sold unless the pH level is 4.6 or less or the water activity level is .85 or less. A third-party processing authority with knowledge of the thermal processing required of food in hermetically-sealed containers shall verify the method of processing and that the pH or water activity threshold levels are met. The processing authority shall provide any such verification in writing.
    Section 4. That chapter 34-18 be amended by adding thereto a NEW SECTION to read as follows:
    No baked good or canned good may be sold unless it has a label that includes the following information:
            (1)    Name of the product;
            (2)    Producer and contact information;
            (3)    Date the product was made or processed;
            (4)    Ingredients; and
            (5)    Disclaimer. The disclaimer shall state: "This product was not produced in a commercial kitchen. It has been home-processed in a kitchen that may also process common food allergens such as tree nuts, peanuts, eggs, soy, wheat, milk, fish, and crustacean shellfish."