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7 CFR § 170.12 - What are the selection criteria for participation in the USDA Farmers Market?

---
identifier: "/us/cfr/t7/s170.12"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "7 CFR § 170.12 - What are the selection criteria for participation in the USDA Farmers Market?"
title_number: 7
title_name: "Agriculture"
section_number: "170.12"
section_name: "What are the selection criteria for participation in the USDA Farmers Market?"
chapter_name: "AGRICULTURAL MARKETING SERVICE (STANDARDS, INSPECTIONS, MARKETING PRACTICES), DEPARTMENT OF AGRICULTURE"
subchapter_number: "G"
subchapter_name: "MISCELLANEOUS MARKETING PRACTICES UNDER THE AGRICULTURAL MARKETING ACT OF 1946"
part_number: "170"
part_name: "USDA FARMERS MARKET"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 301; 7 U.S.C. 1621-1627."
regulatory_source: "70 FR 76131, Dec. 23, 2005, unless otherwise noted."
cfr_part: "170"
---

# 170.12 What are the selection criteria for participation in the USDA Farmers Market?

The selection criteria are designed to ensure a consistently high level of quality and diverse products are available at the market, while operating in the constraints of space available at the market site. The criteria are:

(a) *Member of one of the three participant groups specified in § 170.4 of this part.* The participant must be a producer-only farmer or producer, seller of value-added products, or specialized non-produce vendor.

(b) *Participant offers a product that adds to a product mix.* Market management will ensure that a balanced mix of fresh fruits and vegetables will be maintained throughout the season. Final selection of fruit and vegetable producers will be made based on their ability to ensure a wide range of fresh farm products throughout the season.

(c) *Willingness to Glean.* Participants should commit to supporting the USDA food gleaning/food recovery initiative. This commitment requires farmers and vendors to donate surplus food and food products at the end of each market day to a local nonprofit organization identified by USDA. Questions about tax deductions for gleaning should be referred to the Internal Revenue Service or a tax advisor. Receipts for donated foods may be obtained from the receiving nonprofit organization.

(d) *Commitment to market.* Participants must commit to the entire market season and be willing to participate on a regular basis.

(e) *Grandfather provision.* Market management reserves the right to select several farmers or vendors based on previous participation in the program, consistency in providing quality products, and compliance with operating guidelines.