The New York State Department of Taxation and Finance and the Department of Agriculture and Markets encourage New Yorkers to visit one of the hundreds of farmers markets now in full swing. Farmers markets offer consumers an opportunity to purchase and enjoy dozens of sales-tax-free goods, including fresh fruits and vegetables as well as local honey, bread, eggs, and sauces.
 
“Many of the items offered for sale at farmers markets, such as fresh fruit and produce, are free from state and local tax,” noted New York State Commissioner of Taxation and Finance Jerry Boone. “We encourage residents and visitors alike to enjoy the wide variety of goods available at these thriving markets, and to create their own local farm-to-table meals for their families and friends.”
 
For a complete list of all of the food and beverages that are tax-exempt, please visit Tax Bulletin ST-525.

A growing demand from consumers for fresh, local foods has prompted the growth of farmers markets across the state. New York is now home to 687 farmers’ markets, stands, and mobile markets, up more than 30 percent from five years ago.

The majority of farmers’ markets and mobile markets operate in the summer through the fall throughout the state, but many remain open year-round. Many farmers markets also accept FreshConnect Checks and Supplemental Nutrition Assistance Program (SNAP) benefits, which help low-income families and individuals purchase fresh, local produce. New Yorkers can find a market near them using the Summer-Fall Markets in New York State map or List.

“Farmers markets are important to the success of our farmers and instrumental in providing fresh, healthy foods to consumers and underserved communities—a win for everyone,” said Department of Agriculture and Markets Commissioner Richard A. Ball. “As the number of markets grows, we’re thrilled that more consumers will gain access to homegrown goods, and encourage everyone to visit a local market to enjoy some of the best products offered in the state.”

The New York State Department of Taxation and Finance also reminds vendors who sell taxable items at farmers markets, flea markets, craft fairs, and similar events that they must have a sales tax Certificate of Authority (COA) to conduct business. Taxable items include paintings, sculptures, and jewelry.

In some instances, organizers of these events and markets are considered “show promoters” and have tax permitting and reporting obligations. They must file Form DTF-723, Application for Show Permit and Notice of Show, and later provide the names, addresses, and the COA numbers of vendors on Form DTF-727, Report of Show. They must also ensure that vendors at their events who sell taxable goods and services display their COAs.
 
These requirements help ensure that sales tax is collected and remitted to New York State. This revenue is then shared with the county or city where the event or market is held to fund vital services and programs.

For related information, please see:

Publication 750, A Guide to Sales Tax in New York State (page 37)

Do I Need to Register for Sales Tax?

How to register for NYS Sales Tax

Recordkeeping Requirements for Sales Tax Vendors