COMCOR 47.02.02 Certification of Agricultural Producers
Chapter 47. Vendors - Regulations
Montgomery County, Md., COMCOR § 47.02.02.01 (2026)
47.02.02.01 PurposeLinkCopy Citation
This regulation establishes a certification process for Agricultural Producers who are vendors pursuant to Chapter 47 of the Montgomery County Code 1994, as amended.
Montgomery County, Md., COMCOR § 47.02.02.02 (2026)
47.02.02.02 ApplicabilityLinkCopy Citation
This regulation applies to certified producers as described in Chapter 47 of the Montgomery County Code, and to the verification and certification process associated with these producers.
Montgomery County, Md., COMCOR § 47.02.02.03 (2026)
47.02.02.03 PolicyLinkCopy Citation
3.0 It is the policy of the Department of Permitting Services to require that agricultural producers who wish to sell in the public right-of-way be a Certified Agricultural Producer of regionally grown products. Regionally grown products are those produced within the five state area of Maryland, Virginia, West Virginia, Delaware, and Pennsylvania and the city of Washington, DC. A Certified Agricultural Producer must comply with the following requirements.
(a)
A Certified Agricultural Producer must sell only fresh fruits, vegetables, herbs, cut flowers, small trees, or plants produced by the Agricultural Producer.
(b)
A Certified Agricultural Producer may sell non-potentially hazardous prepackaged goods and eggs. These products must be approved by the Montgomery County Health Department.
(c)
A point of sale license must be obtained before operating.
(d)
Regionally grown products must be sold only by the agricultural producer or a representative of the agricultural producer.
(e)
A Certified Agricultural Producer must be responsible for the conduct of anyone operating under a Point of Sale License issued by the Department of Permitting Services.
Montgomery County, Md., COMCOR § 47.02.02.04 (2026)
47.02.02.04 ProceduresLinkCopy Citation
4.0 Certification
(a)
Agricultural Producers will apply for certification as follows:
(1)
complete an application and survey for Montgomery County Certified Agricultural Producer and submit them to the Department of Permitting Services with a check for the application fee. The application packet is available at the Office of Vendor Licensing and Review, Department of Permitting Services;
(2)
provide a description of the location from which the producer wishes to sell the products;
(3)
provide a map showing the location of the vending site; and
(4)
provide other documentation from local agricultural agencies, such as the Agricultural Extension Service, the Soil Conservation Service, or Agricultural Cooperative, as necessary to determine that the seller is also the producer of the products being sold.
(b)
Staff will review the application and survey forms to determine:
(1)
that the applicant farms and produces the products to be sold; and
(2)
that the applicant will sell only authorized products.
(c)
An authorized agent of the Montgomery County Agricultural Advisory Committee, the Montgomery County Farmer's Market Association, the Cooperative Extension Agent, or the Montgomery County Department of Permitting Services may inspect the farm and growing locations to verify farming activities.
(d)
If the review of the application results in an approval, staff will:
(1)
note on the application "APPROVED", and sign and date the application,
(2)
instruct the applicant to apply for a Point of Sale License from the Department of Permitting Services if the applicant has not already done so,
(3)
record the approval in the computer on the appropriate screens, and
(4)
issue a Certified Agricultural Producer certificate.
(e)
If the review of the application results in a denial, staff will:
(1)
note on the application "DENIED", and sign and date the application, and
(2)
inform the applicant of the denial and the reasons for the denial,
(3)
record the denial in the computer.
Montgomery County, Md., COMCOR § 47.02.02.05 (2026)
47.02.02.05 FeesLinkCopy Citation
5.0 The application fee which includes the cost of the inspection, if any, and issuance of an Agricultural Producer Certificate is $25.00 for agricultural producers certified by the Department of Permitting Services for membership in the Montgomery County Farmers' Market Association and $100 for all other agricultural producers.
Montgomery County, Md., COMCOR § 47.02.02.06 (2026)
47.02.02.06 SeverabilityLinkCopy Citation
6.0 The provisions of these regulations are severable. If a court of competent jurisdiction holds that a provision is invalid or inapplicable, the remainder of the regulation remains in effect.
Montgomery County, Md., COMCOR § 47.02.02.07 (2026)
47.02.02.07 Effective DateLinkCopy Citation
7.0 This regulation takes effect upon approval by County Council.