California Type 79 Farmers’ Market Permit: Wine Sales & Tasting Guide
A California Type 79 Certified Farmers’ Market Sales Permit allows qualifying winegrowers to sell bottled wine at ABC-approved certified farmers’ markets. Wineries that hold this permit can also conduct instructional wine tastings under specific conditions set by the California Department of Alcoholic Beverage Control. The permit is issued as an add-on to a Type 02 Winegrower license, not as a standalone license.
Governor Newsom signed SB 917 on August 27, 2026, and the law’s changes take effect January 1, 2027. That means the rules for who qualifies, and how instructional tastings work at farmers’ markets, are about to shift. This guide covers both the current framework and the 2027 changes so your winery can plan accordingly.
What Is a California Type 79 Permit?
The Type 79 is officially called a Certified Farmers’ Market Sales Permit. It is issued by California’s Department of Alcoholic Beverage Control (ABC) and can only be held in conjunction with a Type 02 Winegrower license.
A Type 79 permit authorizes the licensee, a member of the licensee’s family (who is at least 21 years of age), or an employee of the licensee to sell wine at certified farmers’ market locations approved by ABC. The permit can also authorize instructional wine tastings at those same markets, subject to additional restrictions.
It is an additional permit layered onto the existing Type 02 license. It does not replace the underlying winegrower license, and it does not grant any privileges beyond certified farmers’ market sales and tastings.
Is a Type 79 a Liquor License or a Permit?
Technically, a permit. The California ABC draws a distinction between licenses and permits, and the Type 79 falls on the permit side. That said, many people search for it as a “Type 79 liquor license” or “Type 79 license,” and ABC’s own form (ABC-239) lists it alongside both licenses and permits. The functional difference for most wineries is minimal. You need it. It attaches to your Type 02. ABC issues it.
What Can You Do With a Type 79 Farmers’ Market Permit?
Sell Bottled Wine at Certified Farmers’ Markets
The core function of the Type 79 is off-premise wine sales at certified farmers’ markets. The winegrower (or their family member or employee) sells sealed, bottled wine directly to consumers at the market. The wine is for consumption off the premises where it is sold.
This is a direct-to-consumer sales channel. No wholesaler or distributor is involved. The winegrower brings wine to the market, sells it to the public, and the buyer takes it home.
Offer Instructional Wine Tastings
A Type 79 permit also authorizes instructional wine tastings at the certified farmers’ market. These tastings are regulated. They must be conducted within a controlled, separated tasting area, and the volume per person is capped. The tasting is classified as “instructional,” meaning it is intended to educate consumers about the wine being poured.
Participate in More Than One Farmers’ Market
A winegrower can hold more than one Type 79 permit. Each permit is valid for up to 12 months and is generally authorized for no more than one day per week at a particular specified market. So a winery selling at three different weekly markets would typically need three separate Type 79 permits.
Who Qualifies for a Type 79 Permit?
You Must Hold a California Type 02 Winegrower License
No Type 02, no Type 79. This is non-negotiable. The Type 02 Winegrower license is the foundational license for any legal entity manufacturing wine under its own bonded winery permit in California. It authorizes the production of wine and sales of wine to consumers, wholesalers, and other authorized entities.
If you are not a licensed California winegrower, you cannot apply for a Type 79 permit. Beer manufacturers looking for farmers’ market access need a Type 84 Certified Farmers’ Market Beer Sales Permit instead, which requires a Type 01 or Type 23 beer manufacturer license.
Rules Through December 31, 2026
Under the current rules (in effect through the end of 2026), the wine sold at a certified farmers’ market under a Type 79 permit must meet all of the following conditions:
- Produced by the licensed winegrower
- Bottled by the winegrower
- Made entirely from grapes or other agricultural products grown by the winegrower
That third requirement is the critical one. It effectively limits Type 79 participation to estate wineries, meaning operations where the grapes are grown on the winegrower’s own property. Many small and boutique California wineries source grapes from other growers. Under the current law, those wineries are excluded from farmers’ market sales even if they produce, ferment, and bottle the wine themselves.
New Eligibility Rules Beginning January 1, 2027
SB 917 removes the requirement that the grapes or other agricultural products be grown by the winegrower. The wine still must be produced and bottled by the licensee. But the grapes can come from any source.
This is a significant expansion. Wineries that purchase fruit from other California growers, custom-crush operations producing wine under their own brand, and small producers who lease vineyard land without owning it can all potentially qualify for a Type 79 permit starting in 2027.
The table below breaks down the key differences:
| Rule | Through Dec. 31, 2026 | Beginning Jan. 1, 2027 |
|---|---|---|
| Type 02 Winegrower license required | Yes | Yes |
| Wine produced by the licensee | Yes | Yes |
| Wine bottled by the winegrower | Yes | Yes |
| Grapes must be grown by the winegrower | Yes | No |
| Instructional tastings permitted | Yes | Yes |
| Wineries tasting simultaneously | 1 | Up to 3 |
| RBS explicitly required for tastings | Less explicit | Explicitly required |
Can Wineries That Buy Grapes Sell Wine at Farmers’ Markets?
Starting January 1, 2027, yes, provided the winery holds a Type 02 Winegrower license and the wine is produced and bottled by the licensee.
Before SB 917, the estate-grown requirement excluded a large percentage of California’s winery population. As Senator John Laird noted when introducing the bill, only two out of nearly 600 licensed wineries in San Luis Obispo County had acquired farmers’ market permits under the old rules. The legislation was specifically designed to remove that barrier and give small producers a fair chance to sell directly to consumers.
The wine must still be the winegrower’s own product. You cannot buy finished wine from another producer and resell it at a farmers’ market under a Type 79 permit. The change only affects the grape sourcing requirement.
Can You Offer Wine Tastings at a California Farmers’ Market?
Yes. The Type 79 permit authorizes instructional wine tastings at certified farmers’ markets, but several restrictions apply.
How Much Wine Can Be Poured?
Existing law limits tastings to no more than three ounces per person per day. This is an instructional tasting, not an open pour. The three-ounce cap applies regardless of how many wines a consumer samples.
The Tasting Area Must Be Separated
The instructional tasting area must be separated from the rest of the farmers’ market by a physical barrier. California law specifies that a wall, rope, cable, cord, chain, fence, or similar barrier must define the tasting area. The area is subject to the authorization and managerial control of the certified farmers’ market operator.
Only the licensee, a member of the licensee’s family who is at least 21 years of age, or an employee of the licensee may conduct the tasting.
Customers Cannot Leave With an Open Tasting Container
Wine poured for tasting must be consumed within the designated tasting area. Customers cannot walk away from the tasting area with an open container. This is separate from the bottled wine sales. Sealed, purchased bottles can leave the market. Open tasting pours cannot.
How Many Wineries Can Conduct Tastings?
Through 2026, existing law limits instructional tastings to one licensee during the operational hours of a certified farmers’ market.
Beginning January 1, 2027, SB 917 increases this limit to three licensees. This means up to three different wineries can offer instructional tastings simultaneously at the same farmers’ market during its operating hours.
Do Farmers’ Market Wine Tastings Require RBS Certification?
Beginning in 2027, SB 917 explicitly subjects Type 79 instructional tastings to California’s Responsible Beverage Service (RBS) training requirements. The RBS program, administered by the Department of Alcoholic Beverage Control, requires alcohol servers and managers of alcohol servers to complete an approved training course and pass a certification exam.
Under the pre-2027 framework, the RBS requirement for Type 79 instructional tastings was less explicitly defined. SB 917 removes the ambiguity. If your winery plans to conduct instructional tastings at farmers’ markets under the 2027 rules, the person pouring wine must hold current RBS certification.
How Much Wine Can a Winery Sell Under Type 79?
A winegrower cannot sell more than 5,000 gallons of wine annually under all of its Type 79 permits combined. If you hold three Type 79 permits for three different farmers’ markets, the 5,000-gallon cap applies across all three collectively. Farmers’ market sales must be reported annually to ABC.
There is also an interaction with the Type 81 Wine Sales Event Permit. California law states that a licensee eligible for both a Type 79 certified farmers’ market sales permit and a Type 81 wine sales event permit may not sell more than a total of 5,000 gallons of wine annually under both permits collectively.
This means your farmers’ market sales and your wine sales event sales share the same annual volume ceiling. Wineries active in both channels should track their combined gallons carefully.
For a detailed breakdown of the Type 81 permit and how it works at fairs, festivals, and cultural events, see our [Type 81 Wine Sales Event Permit Guide].
How Much Does a California Type 79 Permit Cost?
As of the current ABC fee schedule, the annual fee for a Type 79 Certified Farmers’ Market permit is $155. This fee is consistent regardless of city population. ABC may adjust fees annually by an amount not to exceed inflation under Business and Professions Code Section 23320.
For context, effective January 1, 2027, all ABC application and annual license fees will increase by 3.31 percent over 2026 amounts.
The Type 79 is one of the most affordable permits in the California ABC system. Compare that to on-sale general licenses (Types 47 and 48), which carry annual fees of $985 to $1,545 depending on city population.
For a complete breakdown of California liquor license costs across all license types, see our [California Liquor License Cost Guide].
How to Apply for a Type 79 Farmers’ Market Permit
Step 1: Confirm That You Hold a Qualifying Type 02 Winegrower License
Before you begin the Type 79 application, verify that your winery holds an active California Type 02 Winegrower license. The Type 79 permit cannot be issued without it. If your Type 02 is pending, expired, or suspended, resolve that first.
Step 2: Identify the Certified Farmers’ Market
Determine which specific certified farmers’ market you plan to sell at. The market must be a certified farmers’ market as defined by California law, operating under the oversight of the county agricultural commissioner. Not every farmers’ market or open-air market qualifies.
Step 3: Confirm the Market Is Eligible and Willing to Host Alcohol Sales
Contact the market operator. Not all certified farmers’ markets accept wine vendors, and the market operator has authority over who participates. Some markets may have policies against alcohol sales or tastings. Others may welcome wine but not tastings. Confirm the market’s rules before applying.
Step 4: Complete ABC Form 239
The application for a Type 79 permit is submitted using ABC Form 239, titled “Additional License/Permit Application.” This is the same form used for caterer’s permits, event permits, Type 84 beer permits, and several other additional permits and licenses. On the form, check the box for “Certified Farmer’s Market – Wine (Type 79)” under Section 2.
The current version of the form is ABC-239 (Rev. 01/2026).
Step 5: Submit the Application and Applicable ABC Fee
Submit the completed ABC-239 form to your nearest ABC district office along with the applicable application fee. Refer to the current ABC application fee schedule for the exact amount, as fees adjust annually.
Step 6: Prepare for Any Required Local or ABC Review
Depending on the market location and local ordinances, there may be additional review steps. Some cities and counties require local permits or notifications beyond the ABC permit. ABC may also conduct a review of the proposed market location. Processing times vary.
Step 7: Complete RBS Requirements if Offering Instructional Tastings Under the 2027 Rules
If you plan to conduct instructional wine tastings starting January 1, 2027, ensure that all persons who will pour wine at the tasting hold current RBS certification. This means completing an ABC-approved RBS training course and passing the exam before your first tasting event under the new rules.
Need help determining whether your winery qualifies or preparing a Type 79 application? GGS Licensing can help navigate the California ABC process.
Type 79 vs. Other California Wine Permits
Several California ABC permits and licenses overlap in the wine sales space. Choosing the wrong one wastes time and money. Choosing the right one gets you selling.
| Permit / License | Best Use |
|---|---|
| Type 02 | Winery / wine production and direct sales at the winery |
| Type 79 | Wine sales and instructional tastings at certified farmers’ markets |
| Type 81 | Wine sales at qualifying fairs, festivals, and cultural events |
| Type 82 | Direct shipping of wine into California (out-of-state producers) |
| Type 84 | Beer sales at certified farmers’ markets (not wine) |
| Type 85 | Limited off-sale wine (mail order, telephone, internet sales) |
The most common point of confusion is between the Type 79 and Type 81. Both allow wine sales outside the winery. But the Type 79 is exclusively for certified farmers’ markets. The Type 81 covers wine sales events at fairs, festivals, and cultural events that are not certified farmers’ markets. If you are selling wine at a county fair, a harvest festival, or a food-and-wine event, you likely need a Type 81. If you are selling at a Saturday morning farmers’ market, you need a Type 79.
Remember: wine sold under both permits collectively cannot exceed 5,000 gallons per calendar year.
What SB 917 Changes for Type 79 Permits in 2027
SB 917, authored by Senator John Laird (D-Santa Cruz) and sponsored by the Family Winemakers of California and the California Association of Winegrape Growers, makes four key changes to the Type 79 framework:
- Removes the estate-grown requirement. Wineries no longer need to grow their own grapes to qualify. The wine must still be produced and bottled by the winegrower, but the fruit can be sourced from other growers.
- Expands instructional tasting participation. Up to three licensees can conduct tastings during a farmers’ market’s operating hours, up from one.
- Explicitly requires RBS certification for tastings. Persons conducting instructional tastings must hold current Responsible Beverage Service certification.
- Takes effect January 1, 2027. The new rules apply to all Type 79 permits and instructional tastings conducted on or after that date.
For a full analysis of SB 917 and its impact on California’s wine industry, read our [Guide to California SB 917].
Type 79 Farmers’ Market Permit FAQ
Can You Sell Wine at a Farmers’ Market in California?
Yes. A licensed winegrower (Type 02) that obtains a Type 79 Certified Farmers’ Market Sales Permit can sell wine at ABC-approved certified farmers’ markets. The wine must be produced and bottled by the winegrower. Beginning January 1, 2027, the grapes no longer need to be estate-grown.
What Is a Type 79 Liquor License?
The Type 79 is technically a permit, not a license. Its official name is the Certified Farmers’ Market Sales Permit. It authorizes wine sales and instructional tastings at certified farmers’ markets in California.
Do I Need a Type 02 License Before Getting Type 79?
Yes. The Type 79 permit can only be issued to a holder of a California Type 02 Winegrower license. There are no exceptions.
Can a Winery Using Purchased Grapes Get a Type 79 Permit?
Under the current rules (through December 31, 2026), no. The wine must be produced entirely from grapes grown by the winegrower. Starting January 1, 2027, SB 917 removes this requirement. Wineries using purchased grapes will be eligible.
Can Customers Drink Wine at a Farmers’ Market?
Only within the designated instructional tasting area, and only in quantities of three ounces or less per person per day. Customers cannot walk around the market with an open tasting container. Sealed purchased bottles are separate from tasting and may be carried away.
Can Wineries Give Free Samples at Farmers’ Markets?
Instructional wine tastings at farmers’ markets are permitted under the Type 79 framework. The tastings are educational in nature and limited to three ounces per person per day. Whether a tasting is complimentary or requires a fee is at the discretion of the winegrower and market operator, but the tasting rules still apply regardless.
How Much Wine Can You Pour During a Tasting?
No more than three ounces per person per day.
How Many Wineries Can Offer Tastings at the Same Farmers’ Market?
Through 2026, the limit is one licensee per market during operating hours. Beginning January 1, 2027, up to three licensees may conduct tastings simultaneously.
Do Farmers’ Market Wine Tastings Require RBS Certification?
Beginning January 1, 2027, yes. SB 917 explicitly subjects Type 79 instructional tastings to California’s Responsible Beverage Service training requirements. The person conducting the tasting must hold a current RBS certification.
How Much Does a Type 79 Permit Cost?
As of the current ABC annual fee schedule, the Type 79 annual fee is $155. Fees are subject to annual adjustment.
How Long Does a Type 79 Permit Last?
A Type 79 permit is valid for up to 12 months and is renewable. The renewal process requires payment of the applicable annual fee.
Can a Winery Have Type 79 Permits for Multiple Farmers’ Markets?
Yes. A winegrower can hold multiple Type 79 permits for different certified farmers’ markets. Each permit typically authorizes sales on no more than one day per week at a specified market. The 5,000-gallon annual sales limit applies across all Type 79 permits collectively.
What Is the Difference Between Type 79 and Type 81?
The Type 79 is for certified farmers’ markets. The Type 81 is for wine sales events at fairs, festivals, and cultural events. Both are add-on permits for Type 02 winegrowers. Both carry separate authorization requirements for each event or market. And both share a combined annual sales cap of 5,000 gallons.
Your Next Move
If your winery has been locked out of farmers’ market sales because you source grapes rather than grow them, SB 917 opens that door on January 1, 2027. The time to prepare is now.
Review your Type 02 license status. Identify target markets. Ensure your team’s RBS certification is current. And get your ABC-239 application ready to file.
GGS Licensing helps California wineries secure Type 79 permits and stay compliant with ABC requirements. Contact us to get started.
