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Permits: Massachusetts

Selling at and running markets in Massachusetts.

Massachusetts show vendors register with the Department of Revenue and collect sales tax however rarely they sell, and promoters must file PR-1 at least ten days before a show and hold a Division of Standards promoter license. Local boards of health permit home cottage food operators and temporary food stands.

Updated

State rules

Sales tax.

Sales tax vendor registration

Vendors at shows register with the Department of Revenue through MassTaxConnect and collect and pay sales tax on taxable sales. Every vendor must give the show promoter their name, address and vendor registration number.

Who
Vendors
From
Massachusetts Department of Revenue
When
Vendors selling taxable goods at a flea market, craft show or similar show
Official page
State rules

Selling homemade food (cottage food).

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Retail residential kitchen permit (Cottage Food Operation)

Anyone selling food made in a residential kitchen directly to consumers, including at farmers markets and craft fairs, needs a permit from the local board of health of the town where the kitchen is. Only foods safe at room temperature, such as baked goods, jams and jellies, are allowed; cream-filled pastries, cheesecake and pickled products are not.

Who
Vendors
From
Local board of health, under Massachusetts Department of Public Health Food Protection Program rules
When
Selling food made in a home kitchen directly to consumers, including at farmers' markets and craft fairs
Official page
State rules

Temporary food permits.

Temporary Food Establishment (TFE) permit

Each food vendor needs its own Temporary Food Establishment permit from the local board of health where the event is held, even when one manager coordinates the event. At non-farmers-market events a permit lasts no more than 14 consecutive days; whole uncut produce, honey, maple products, eggs and sealed packaged non-hazardous foods do not need one.

Who
Vendors
From
Local board of health where the event is held (rules from the Massachusetts Department of Public Health)
When
Food vendors at farmers' markets, fairs, festivals, fundraisers and similar events
Official page
State rules

Farmers markets and produce.

Farmers' market certification for the Farmers Market Nutrition Program

Only markets and farmers certified by the department can accept Farmers Market Nutrition Program coupons; markets need operating rules covering vendor eligibility and produce source and at least two certified vendors. This applies to coupon acceptance, not to selling at a market in general.

Who
Organizer and vendors
From
Massachusetts Department of Agricultural Resources
When
Markets and farmers who want to accept FMNP coupons
Official page
State rules

Business registration.

Business certificate (DBA)

A business operating under a name other than its legal name files a business certificate with the clerk of the city or town where it is located. The state calls it a public record of the owner's name and address, not a business license.

Who
Vendors
From
City or town clerk
When
Operating under a name other than the owner's legal name
Official page
State rules

Other state rules.

Promoter License

Promoters of shows where vendors sell taxable goods are licensed by the Division of Standards, with the fee set by the total show days in a year. The license is valid for 1 year from issue and is applied for in person or online.

Who
Organizer
From
Massachusetts Division of Standards
When
Anyone in business as a promoter who rents or licenses space at a flea market, craft show or similar show
Fee
Total days 1-9 $200; 10-19 $300; 20-29 $400; 30-39 $500; 40-49 $600; 50 and over $1000. All fees are non-refundable.
Official page
Organizer duty

What the state asks of market organizers.

Anyone who rents or licenses space at a flea market, craft show or similar show where more than one vendor sells taxable goods is a promoter, whatever the number of shows. The promoter files Form PR-1 with the Department of Revenue at least ten days before the show opens, files a monthly Form PR-3 report within twenty days after any month with a show, may not let an unregistered vendor sell taxable goods, and must also be licensed by the Division of Standards if in business as a promoter. Official page

Local rules

City and county permits in Massachusetts.

Event permits, vendor licenses and food permits are mostly local. Pick your city or county:

On bzar

Collect the paperwork with each application.

Ask vendors for their sales tax registration, cottage food registration or food permit and insurance certificate as required documents on your application form, and check them before you approve anyone.

Check with the agency

Where the sources are unclear.

  • mass.gov returns 403 to browser User-Agents but serves plain curl requests; all pages cited were read that way.
  • Fees for local board of health permits (cottage food and temporary food) are set locally and are not stated on the state pages; no fee is listed. Application lead times are not stated on the state page either.
  • The Division of Standards promoter license page describes promoters as those in business as promoters; the Department of Revenue notice requirement applies to all promoters regardless of number of shows.
Questions

Common questions.

Do I need a sales tax permit to sell at a craft fair in Massachusetts?

Sales tax vendor registration (Massachusetts Department of Revenue): Vendors at shows register with the Department of Revenue through MassTaxConnect and collect and pay sales tax on taxable sales. Every vendor must give the show promoter their name, address and vendor registration number.

Can I sell homemade food at a farmers market in Massachusetts?

Retail residential kitchen permit (Cottage Food Operation) (Local board of health, under Massachusetts Department of Public Health Food Protection Program rules): Anyone selling food made in a residential kitchen directly to consumers, including at farmers markets and craft fairs, needs a permit from the local board of health of the town where the kitchen is. Only foods safe at room temperature, such as baked goods, jams and jellies, are allowed; cream-filled pastries, cheesecake and pickled products are not.

Who issues temporary food permits for events in Massachusetts?

Temporary Food Establishment (TFE) permit (Local board of health where the event is held (rules from the Massachusetts Department of Public Health)): Each food vendor needs its own Temporary Food Establishment permit from the local board of health where the event is held, even when one manager coordinates the event. At non-farmers-market events a permit lasts no more than 14 consecutive days; whole uncut produce, honey, maple products, eggs and sealed packaged non-hazardous foods do not need one.

What does Massachusetts require of market and event organizers?

Anyone who rents or licenses space at a flea market, craft show or similar show where more than one vendor sells taxable goods is a promoter, whatever the number of shows. The promoter files Form PR-1 with the Department of Revenue at least ten days before the show opens, files a monthly Form PR-3 report within twenty days after any month with a show, may not let an unregistered vendor sell taxable goods, and must also be licensed by the Division of Standards if in business as a promoter.

Do I need a state business license to be a vendor in Massachusetts?

Business certificate (DBA) (City or town clerk): A business operating under a name other than its legal name files a business certificate with the clerk of the city or town where it is located. The state calls it a public record of the owner's name and address, not a business license.

Sources

Sources.

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