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Permits: Ohio

Selling at and running markets in Ohio.

In Ohio, vendors selling taxable goods at a market need a vendor's license from the Ohio Department of Taxation, and out-of-county pop-up sellers use a transient vendor's license. Homemade shelf-stable foods fall under the Ohio Department of Agriculture's cottage food rules, while local health departments license event food booths. Organizers must keep a record of transient vendors.

Updated

State rules

Sales tax.

Vendor's license (regular or transient vendor's license)

A transient vendor's license is issued by the Department of Taxation, while a regular vendor's license comes from the county auditor. Licensed vendors file sales tax returns on the schedule the department assigns them, even when no tax is due, and selling without a license can bring penalties.

Who
Vendors
From
Ohio Department of Taxation
When
Anyone making taxable retail sales in Ohio. Sellers who bring goods to a temporary place of business, such as a fair or exhibit, in a county where they have no fixed place of business use the transient vendor's license.
Fee
Application Fee $50
Official page
State rules

Selling homemade food (cottage food).

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Cottage Food Production Operation

Cottage food operations are exempt from Department of Agriculture inspection and licensing, but products must be labeled with the product name, net weight, ingredients, business name and address, allergens and the statement 'This Product is Home Produced.' Products can be sold in Ohio directly from the home, through farmers markets, and at festivals organized by a political subdivision that last no more than seven consecutive days. Items that need temperature control, such as cheesecake or custard pie, are not allowed.

Who
Vendors
From
Ohio Department of Agriculture, Division of Food Safety
When
Making non-potentially hazardous foods such as breads, cookies, cakes, fruit pies, jams, jellies, candy and granola in a home kitchen to sell.
Official page
State rules

Temporary food permits.

Temporary food service operation license (issued locally)

The Ohio Department of Health says the local health department is the agency that licenses and inspects food service operations in its jurisdiction, so a booth applies to the health department where the event is held. State law defines a temporary food service operation as one operating at an event for not more than five consecutive days, with an exception in the statute for longer events.

Who
Vendors
From
Local health department (Ohio Department of Health provides technical oversight)
When
Food booths serving at an event for not more than five consecutive days.
Official page
State rules

Farmers markets and produce.

Retail food establishment license exemption for farmers market sellers

State law exempts a person at a farmers market who offers only those listed items from the retail food establishment license. Stands selling other items, such as potentially hazardous foods, are not covered by this exemption.

Who
Vendors
From
Ohio Revised Code 3717.22; Ohio Department of Agriculture, Division of Food Safety
When
Farmers market stands selling only fresh unprocessed fruits or vegetables, cottage food products, certain tree syrups, sorghum, honey, apple syrup or apple butter, wine as authorized by statute, or limited commercially prepackaged non-hazardous food.
Official page
State rules

Business registration.

State business registration and notification guide

The Department of Taxation's guide lists the state taxes a business may need to register for and says the first step in establishing a business entity is contacting the Ohio Secretary of State. It does not describe a single general state business license for market vendors.

Who
Vendors
From
Ohio Department of Taxation; Ohio Secretary of State
When
Starting a business entity in Ohio.
Official page
Organizer duty

What the state asks of market organizers.

Ohio law requires the owner, organizer or promoter of a fair, flea market, show or similar event with transient vendors to keep a record of each vendor's name, permanent address, vendor's license number and type of goods sold. Records must be kept four years and be open to the Tax Commissioner. Official page

Local rules

City and county permits in Ohio.

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.

  • The Ohio Department of Taxation's older vendors brochure (updated January 2005) states a $25 license fee; the current FAQ and ORC 5739.17 state $50, which is used here.
  • Ohio Department of Agriculture home bakery registration (for items needing temperature control) is a separate $10 annual registration and is not a cottage food product; see the Home Bakery Registration page.
  • Fire marshal tent rules, raffles and alcohol at events were not researched; ask the Ohio Division of State Fire Marshal and the Ohio Department of Commerce, Division of Liquor Control.
Questions

Common questions.

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

Vendor's license (regular or transient vendor's license) (Ohio Department of Taxation): A transient vendor's license is issued by the Department of Taxation, while a regular vendor's license comes from the county auditor. Licensed vendors file sales tax returns on the schedule the department assigns them, even when no tax is due, and selling without a license can bring penalties.

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

Cottage Food Production Operation (Ohio Department of Agriculture, Division of Food Safety): Cottage food operations are exempt from Department of Agriculture inspection and licensing, but products must be labeled with the product name, net weight, ingredients, business name and address, allergens and the statement 'This Product is Home Produced.' Products can be sold in Ohio directly from the home, through farmers markets, and at festivals organized by a political subdivision that last no more than seven consecutive days. Items that need temperature control, such as cheesecake or custard pie, are not allowed.

Who issues temporary food permits for events in Ohio?

Temporary food service operation license (issued locally) (Local health department (Ohio Department of Health provides technical oversight)): The Ohio Department of Health says the local health department is the agency that licenses and inspects food service operations in its jurisdiction, so a booth applies to the health department where the event is held. State law defines a temporary food service operation as one operating at an event for not more than five consecutive days, with an exception in the statute for longer events.

What does Ohio require of market and event organizers?

Ohio law requires the owner, organizer or promoter of a fair, flea market, show or similar event with transient vendors to keep a record of each vendor's name, permanent address, vendor's license number and type of goods sold. Records must be kept four years and be open to the Tax Commissioner.

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

State business registration and notification guide (Ohio Department of Taxation; Ohio Secretary of State): The Department of Taxation's guide lists the state taxes a business may need to register for and says the first step in establishing a business entity is contacting the Ohio Secretary of State. It does not describe a single general state business license for market vendors.

Sources

Sources.

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