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Permits: Pennsylvania

Selling at and running markets in Pennsylvania.

Pennsylvania vendors who make taxable sales need a sales tax license from the Department of Revenue (out-of-state sellers use a Transient Vendor Certificate), and show promoters need a Promoter License. Home-made shelf-stable food needs a Limited Food Establishment registration, and event food licenses come from the Department of Agriculture or, in seven counties, the county health department.

Updated

State rules

Sales tax.

Sales tax license or Transient Vendor Certificate

Register through the Pennsylvania Online Business Tax Registration (myPATH). Transient vendors must notify the Department in writing of dates and locations before entering Pennsylvania.

Who
Vendors
From
Pennsylvania Department of Revenue
When
Vendors selling taxable goods or services at events. A Transient Vendor Certificate is for out-of-state sole proprietors or partnerships with no permanent Pennsylvania location selling in the state.
Timing
Transient vendors: 30 days before entering Pennsylvania to do business
Official page

Promoter License

Promoters register through myPATH and renew annually. They have no filing obligation with the Department.

Who
Organizer
From
Pennsylvania Department of Revenue
When
Anyone who rents, leases or grants permission to use space at a show for displaying or selling taxable goods or services
Timing
Register at least 30 days before the first show opens
Official page
State rules

Selling homemade food (cottage food).

At a glance: registration, a $35 state fee. Compare all 50 states.

Limited Food Establishment registration

The Department says you must register to operate a Limited Food Establishment, and registration includes routine inspection of the production site. A Retail Food Facility License may also be required to sell at an event or farmers market.

Who
Vendors
From
Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services
When
Home-based or noncommercial kitchens making shelf-stable, non-hazardous foods such as baked goods without cream fillings, jams, jellies, candies and certain snack mixes
Fee
Initial registration fee – $35; Annual renewal fee – $35
Official page
State rules

Temporary food permits.

Temporary Event License (retail food)

The Department of Agriculture issues temporary event licenses outside the seven counties that run their own health departments; inside them, contact the county health department. A temporary event license is specific to an event, and the law does not limit how many a proprietor can apply for in a year.

Who
Vendors
From
Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services; county health departments in Allegheny, Bucks, Chester, Delaware, Erie, Montgomery and Philadelphia counties
When
A retail food facility operating for no more than 14 days, whether consecutive or not, at a fixed location for an event or celebration such as a fair, carnival or festival
Timing
All material must be submitted at least 60 days prior to the preparation/sale of food from a retail food facility.
Official page
State rules

Farmers markets and produce.

Retail Food License for farmers market stands

A vendor selling only raw, unprocessed fruits and vegetables is exempt from licensing. Vendors selling pre-packaged shelf-stable items such as baked goods, jams and candy are exempt from the license fee but still have to apply and be inspected. Food made at home must come from a registered Limited Food Establishment.

Who
Vendors
From
Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services (or the county health department in Allegheny, Bucks, Chester, Delaware, Erie, Montgomery and Philadelphia counties)
When
Selling food at a farmers market; each stand needs its own license, even at the same market
Timing
All material must be submitted at least 60 days prior to the preparation/sale of food from a retail food facility.
Official page
State rules

Business registration.

Register the business structure and fictitious name; local licenses

Pennsylvania's business portal says businesses register their structure (LLC, corporation and so on) with the Department of State, though a sole proprietor using their own legal name does not. A fictitious name is registered only if the business uses a different name. It also tells new businesses to check with their local municipality about taxes, zoning, and local licenses and permits.

Who
Organizer and vendors
From
Pennsylvania Department of State; PA Business One-Stop Shop; Department of Revenue
When
Any new vendor or organizer business
Official page
State rules

Other state rules.

Temporary structures at fairs, flea markets and craft festivals (Uniform Construction Code)

The Department says such structures do not have to comply with the Uniform Construction Code if they are under 1,600 square feet, are erected for less than 30 days and are not a pool, spa or hot tub. Municipalities may still regulate them locally, limited to flame propagation, electrical and fire extinguisher requirements.

Who
Organizer
From
Pennsylvania Department of Labor & Industry, Bureau of Occupational and Industrial Safety
When
Tents and other temporary structures for a fair, flea market, arts and craft festival or other public celebration
Official page
Organizer duty

What the state asks of market organizers.

Pennsylvania requires anyone who rents, leases or grants permission to use space at a show for taxable sales to hold a Promoter License, registered at least 30 days before the first show and renewed annually. The Department says a promoter has no filing obligation. Official page

Local rules

City and county permits in Pennsylvania.

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.

  • Philadelphia and Allegheny County add local sales tax on top of the 6 percent state rate (Department of Revenue sales tax page).
  • The Farmers Market Guide to Licensing and Sales Tax PDF the Department once linked now returns 404; not cited.
Questions

Common questions.

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

Sales tax license or Transient Vendor Certificate (Pennsylvania Department of Revenue): Register through the Pennsylvania Online Business Tax Registration (myPATH). Transient vendors must notify the Department in writing of dates and locations before entering Pennsylvania. Promoter License (Pennsylvania Department of Revenue): Promoters register through myPATH and renew annually. They have no filing obligation with the Department.

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

Limited Food Establishment registration (Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services): The Department says you must register to operate a Limited Food Establishment, and registration includes routine inspection of the production site. A Retail Food Facility License may also be required to sell at an event or farmers market.

Who issues temporary food permits for events in Pennsylvania?

Temporary Event License (retail food) (Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services; county health departments in Allegheny, Bucks, Chester, Delaware, Erie, Montgomery and Philadelphia counties): The Department of Agriculture issues temporary event licenses outside the seven counties that run their own health departments; inside them, contact the county health department. A temporary event license is specific to an event, and the law does not limit how many a proprietor can apply for in a year.

What does Pennsylvania require of market and event organizers?

Pennsylvania requires anyone who rents, leases or grants permission to use space at a show for taxable sales to hold a Promoter License, registered at least 30 days before the first show and renewed annually. The Department says a promoter has no filing obligation.

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

Register the business structure and fictitious name; local licenses (Pennsylvania Department of State; PA Business One-Stop Shop; Department of Revenue): Pennsylvania's business portal says businesses register their structure (LLC, corporation and so on) with the Department of State, though a sole proprietor using their own legal name does not. A fictitious name is registered only if the business uses a different name. It also tells new businesses to check with their local municipality about taxes, zoning, and local licenses and permits.

Sources

Sources.

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