Michigan direct-to-consumer compliance guide, 2026
Fruits
Whole, uncut fresh fruit sells license-free; anything cut, canned or juiced follows another path.
Farm Exempt (Whole, Uncut)- No licenseWhole uncut fresh fruit stands
- ExemptUnprepared fruit is not sales taxed
- CottageDehydrated fruit, jams, baked pies
- LicenseCut or ready-to-eat fruit
YesWhat's covered
- Whole, uncut fresh fruit at roadside stands, farm markets and farmers markets
- Whole and sliced dehydrated fruit under the cottage exemption
- Fruit jams and jellies in glass jars (see Preserves)
- Baked fruit pies and pastries under the cottage exemption
NoNeeds a different path
- Cut, washed or ready-to-eat fruit: MDARD license needed
- Canned fruit and fruit butters
- Dehydrated or cut melon
- Fruit juice or cider: licensed facility (see Beverages)
Three compliance steps
- A
Sell whole and uncut
MDARD exempts produce stands selling only whole, uncut, fresh fruits and vegetables. A license would be needed for storing the food product.
- B
Move processed fruit to the right path
Dehydrated fruit and baked pies are cottage foods. Cut fruit, canned fruit and juice need a licensed facility.
- C
Follow federal produce safety rules
Farms above the FDA produce safety rule thresholds must comply with 21 CFR 112 unless a qualified exemption applies; check your size and sales.
Quick reference
| Item | Rule | Regulator |
|---|---|---|
| Whole fresh fruit | No food establishment license for uncut produce stands | MDARD |
| Cut or ready-to-eat fruit | License required at a base facility | MDARD |
| Dehydrated fruit | Cottage allowed; not melon | MDARD |
| Canned fruit | Not allowed as cottage food | MDARD |
| Farm produce safety | 21 CFR 112 applies unless exempt or qualified exempt | FDA |
| Sales tax | Unprepared fruit exempt | MI Treasury |
Frequently asked questions
Can I sell cut apples at the market?
Not under the produce exemption. Cut fruit needs a licensed base facility.
Do I need a license to store produce?
MDARD notes a license would be required for storage of the food product.
Can I sell fruit trees?
That is a plant sale. See Plants & Flowers for the nursery license.
Printable checklist
- Confirm fruit is whole and uncut
- Keep produce off the ground and covered at market
- Use potable water for any washing
- Check FDA produce safety rule applicability
- Move cut or dried products to the right poster
- Know local ordinance rules for farm stands
- Label dehydrated fruit with cottage statement