How To Sell At A Market Stall (2025 Updated)

Markets are popular for having a different variety of businesses in one place with items you may not ordinarily find at your local shopping centre. Due to this, markets tend to draw significant crowds, making them a perfect place for anyone looking to sell or promote their goods in 2025.

In this article, we’ll go through everything you need to know and how to sell at a market stall, ensuring you stay compliant and competitive with the latest practices.

What Is A Market Stall? 

A market stall is a temporary setup that allows its owners to sell their products to visitors. It is often situated alongside a range of other stalls in a larger area specifically prepared for a commercial event, such as a farmers or craft market.

It’s similar to a pop-up shop in that it can be located anywhere for a short period of time.

These events tend to attract large crowds, so market stalls are often used to test new products or promote existing ones to gauge their reception with the general public.

How To Sell At A Market Stall 

The process of setting up your market stall in 2025 depends on the specific market. Most organisers require you to book your stall in advance and pay a fee – usually via an online reservation system or over the phone. For a structured approach to getting started, check out our Business Startup Checklist to help ensure you meet all legal and operational requirements.

It’s wise to visit the venue beforehand to check out the location, ask about the nearest bathroom facilities, and confirm details such as access to a water supply. This extra step can make your big day much smoother.

It’s also important to decide on your prices, payment options (including modern contactless and digital methods), stock levels, and any potential sample offerings before you set up your stall.

Additionally, in 2025 market stall operators are increasingly leveraging digital payment platforms and social media marketing to boost sales. Integrating contactless payment systems and utilising live promotions on platforms such as Instagram or TikTok can set your stall apart. For advice on protecting your digital transactions and online presence, our Online Business Legal Tips offer valuable insights.

Rules For Selling At Markets 

Another crucial aspect of running a market stall is understanding the specific rules imposed by the market organiser. Each market will have its own set of guidelines, so ensure you read and abide by these rules to avoid any potential breaches.

For example, some markets may prohibit certain items, impose restrictions on advertising, or set a maximum price limit. Familiarise yourself with these requirements and adjust your operations accordingly.

What Legals Do Market Stall Holders Need To Be Aware Of? 

Beyond following market rules, there are several legal regulations that market stallholders must consider. Below are some of the key legal areas to keep in mind as you plan your stall operations in 2025.

Australian Consumer Law

Whether you are selling from a brick and mortar store, online, or at a market stall, Australian Consumer Law (ACL) applies uniformly. In 2025, this means you must ensure your products and business practices are safe and transparent, placing customer protection at the forefront.

Some main areas of the ACL include:

• Product safety
• Unfair contract terms
• Returns, refunds and exchanges
• Correct pricing
• Misleading and deceptive conduct

If you need more clarification regarding your obligations under the ACL, contact us today for a chat!

Insurance

Some market organisers require stallholders to have insurance for added protection. In 2025, this typically includes public liability insurance, product liability insurance, and professional indemnity insurance. Check with your market host to see which is applicable to you.

Licences and Permits For Market Stalls

Depending on what you intend to sell, you may need specific licences and permits. For instance, selling food at a market stall requires a food licence that complies with state and local health regulations. In 2025, many local councils now offer electronic application processes for obtaining these licences.

Licences vary depending on your state and local council regulations, so it’s essential to research thoroughly and secure all necessary permits before setting up your stall. We’ve written more about which licence you may need for your type of business.

Do I Need An ABN To Sell At Markets? 

Whether you need an Australian Business Number (ABN) to sell at markets depends on your purpose. If you’re selling purely as a recreational activity – more of a hobby – an ABN is generally not required.

Hobbies are typically undertaken in an individual’s own time, with pricing set only to cover production costs. However, if your stall is part of a profit-making venture, you must have an ABN. For further clarification on whether your stall qualifies as a hobby or a business, our guide on distinguishing a business from a hobby can be very useful. Additionally, if you’re operating as a sole trader, our Operating as a Sole Trader article provides more details tailored to the 2025 business landscape.

What Can I Sell At Markets? 

Almost anything can be sold at markets, from fresh food and artisanal crafts to hand-crafted jewellery. However, different product categories come with their own specific legal and regulatory considerations.

Below, we explore some common product types and the corresponding legal aspects you need to address in 2025. You can also refer to our detailed guides on related topics for further insights.

Selling Art At Markets

If you’re an artist considering selling your work at a market stall, it’s important to understand your rights regarding resale, ownership, and copyright. Copyright is automatically applied to all original works, but you may wish to secure additional protection by registering your design with IP Australia. For further advice on licensing your intellectual property, see our IP Licence Agreement guide.

Selling Photos At Markets

Selling photos-whether digital images or live sketches and paintings-can be a popular market stall. It is advisable to get clients to sign a Model Release Form so that you have the rights to use their images for promotions or future commercial purposes.

Selling Alcohol At Farmers Markets

If you plan to sell alcoholic beverages at your stall, you must obtain a liquor licence. In NSW, for example, the pop-up bar and events licence typically allows you to sell alcohol for up to 12 weeks. However, always consult current local regulations and consider obtaining advice from a legal professional via our Liquor Licence Compliance service.

Selling Plants At Markets

If selling plants is on your agenda, be aware of plant breeders’ rights. These rights, registered with IP Australia, grant the owner exclusive use of a particular plant variety. Infringement occurs if others use the plant without permission. Learn more about plant breeders’ rights and how they may affect your stall.

Selling Food At Markets

Food remains one of the most popular items sold at markets. In 2025, to sell food, you must obtain a temporary food licence if your stall operates only for a short-term event, or a different licence if your presence is prolonged. Check with your state authority and local council for the latest licensing procedures.

When selling packaged foods such as baked goods or jams, remember that you are required to label these products correctly under ACL guidelines. This transparency allows consumers to make informed decisions and ensures you remain compliant with food safety standards.

Selling Dog Treats At Markets

When selling dog treats, you must adhere to the labelling requirements under the ACL. Be explicit about the ingredients, manufacturing process, and any other relevant information. The Pet Food Industry Association Australia offers guidelines on pet food safety, which can help you minimise liability.

Selling Cosmetics At Markets

Cosmetic products such as makeup, cleansers, and skincare tools can perform well at market stalls. In 2025, ensure your products are labelled in accordance with ACL requirements. Additionally, check that all ingredients comply with updated Australian regulations under the Therapeutic Goods Act 1989 and Industrial Chemicals Act 2019.

Due to the complexity of cosmetic regulations, you might consider adding a disclaimer to your products to limit liability. For instance, a product label might state that a face cleanser is for external use only and that the seller is not liable for improper use. For further information, our guide on limitation of liability is available.

Selling Jewellery At Markets

Jewellery, whether handmade or sourced wholesale, is a common market offering. It is essential to clearly communicate any specifics about the materials used – for example, if stones are “opal-inspired” rather than genuine opal – to avoid allegations of misleading or deceptive conduct.

Key Takeaways

Selling at markets in 2025 can be a very rewarding endeavour if you ensure that you’re compliant with all relevant rules and legal requirements. To summarise what we’ve discussed:

• A market stall is a temporary shop set up within a larger event space.
• Each market has its own booking processes and operational regulations.
• Insurance is often required by organisers to protect against potential liabilities.
• If your stall is a hobby rather than a profit-motivated business, you may not need an ABN.
• Running a business requires an ABN and proper registration, so consult our guides if you’re unsure; for example, Operating as a Sole Trader.
• Relevant licences and permits depend on your industry and local council legislation.
• Various products have specific legal requirements-from art and photos to food, cosmetics, and jewellery.

For any legal assistance or if you need help drafting contracts to protect your market stall business, check out our Contract Review and Redraft service. You can reach us at 1800 730 617 or via email at team@sprintlaw.com.au for a free, no-obligations chat.

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