Are farmers’ markets and roadside stands considered retail food establishments, including those markets and stands that sell food not manufactured or grown on the farm selling those foods?

Farmers’ markets and roadside stands may be retail food establishments even when they sell food
products not manufactured or grown on the farm that is selling those foods. The test for whether
such farmers’ markets and roadside stands are retail food establishments is whether they sell food
directly to consumers as their primary function. The food sold directly to consumers can be
produced by the farmers selling the food, but need not be (see Comment 10 in the Registration
Final Rule; 81 FR 45912 at 45922).