Haile Farmers Market Rules and Regulations (Applicable January 2016)
Section 1. Mission Statement
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The Haile Farmers Market is owned and operated by Community Green Markets (CGM), a registered not-for-profit corporation. CGM is directed by an elected Board of Directors. The weekly market operations are directed by a Board appointed Market Manager.
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Our mission is to provide farmers with an opportunity to sell their products directly to the public. To create a farmer-based market place that promotes local produce and local artisan foods in a consumer friendly atmosphere that enhances the lives of community members.
! Section 2. Permitted Primary and Accessory Vendors !
Permitted Primary Vendors are (1) Local Farmers and (2) Local Artisan Foods. Permitted Accessory Vendors are (1) Local Non-Artisan Foods, (2) Local Arts & Crafts, and (3) Community Groups. Other Vendors are Haile Merchant members of the HVCMA.
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A. Farmers: Crops shall be defined as produce, meat, dairy, fish, plants, mushrooms, honey, flowers and other farm products. In order to sell at the market, the farmer vendor shall be the producer and owner of the crops being sold. Subsequently, the following criteria shall be met.
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1. Brokering. A farm vendor cannot broker at the market at any time. The farmer shall be the person responsible for all costs of operations relating to the production of the crop. Crops that are purchased from other farms or brokering companies for resale are classified as brokered.
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2. Contract Growing. The farm vendor cannot sell “contract grown” crops at the market at any time. Contract growing is defined as paying another farm in cash, seeds, goods or services to grow a crop.
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3. Satellite lots: Satellite lots are defined as farmed land other than or in addition to the farm residence, either leased or owned. Such farmed land shall be clearly and fully under the operation of the farm vendor. If the lot is leased as a part of another farmers land, it shall be clearly separate from the production of that farm.
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4. Inspections: All farmer vendors shall agree to inspection of their farming operation. A first inspection shall be conducted before a farmer begins to vend at the market. Subsequent inspections are mandatory for each growing season and/or if the Market Manager deems it necessary.
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Prior to inspection, the farm vendor shall complete the Farm Inspection Form, listing all crops and varieties they will vend for the season of inspection. These crops must be present at the time of inspection. Inspections shall be conducted by the Market Manager and/or a CGM Board Member or designee. Community Green Markets shall be responsible for the costs of the standard inspection for local farms as long as it is economically feasible. Farms located outside Alachua County and also located beyond a “reasonable distance” for farm inspections shall be responsible for the additional costs of inspection incurred by the distance.
5. Meat, Dairy & Egg Farmers. Such farmers shall meet all requirements for “farmer” in Section 2A of this document and shall be further defined as follows. a. The farmer must be the principle owner/operator of a breeding, finishing, milking or egg operation and must be responsible for the health, care and wellbeing of all livestock, including cattle, swine, goats, sheep, rabbits and poultry.
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1. Breeding Operation. A breeding operation is defined as the on site production of meat products from insemination/birth to final market/slaughter weight.
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2. Finishing Operation. A finishing operation is defined as the purchase of day old or juveniles, growers/feeders, or kids that are classified as less than market-ready according to the standards of weight, age, and/or size for the particular type of livestock. The farmer must, on their own farm premises, raise the livestock to harvest standards. The purchase of pre-finished, market-ready livestock for the purposes of butchering and meat sales does not meet the definition of farmer and shall not be permitted.
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3. Dairy Operation. All dairy products sold at market shall be sourced from the farmers own onsite milking operation.
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4. Egg Operation. All poultry eggs sold at market shall be sourced from the farmers own onsite poultry operation. b. Pet Food Consumption. Farm vendors labeling their egg, dairy and/or meat products “for pet food consumption” must meet all state, local and federal guidelines, inspection and labeling requirements.
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Farmers may not sell other value added food products for pet food consumption. All other value added food products, processed fruits or vegetables, whether baked, canned, fermented or cooked must meet cottage industry or certified kitchen regulations, as applicable.
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7. Proof of Certification a. Plant vendors shall provide a copy of Department of Plant Inspection certification. b. Organic growers and those labeling their products organic shall provide a copy of certification. Only certified organic growers may label their products as organic. c. Bee and honey producers shall provide a copy of certification.
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B. Artisan Food: Artisan food vendors are defined as food producers crafting their own product and preferably, but not limited to, incorporating local farm products. In order to sell at the Market these vendors must meet the following criteria.
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1. Brokering. Selling food products created by other businesses shall be considered brokering and is not permitted. Products sold by other companies as prepackaged “kits” are not permitted. Purchasing a product from another company and repackaging and/or relabeling the product as ones own is not permitted.
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2. Certified Kitchen. All artisan food vendors creating products requiring a certified kitchen shall provide the address of their certified kitchen and any lease agreements with the owners if they do not own their property.
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3. Non Certified Kitchen. All artisan food vendors creating products that do not require a certified kitchen, shall limit their product to those specified by state law.
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All artisan food vendors shall also meet the following criteria. a. All artisan food vendors shall carry adequate product liability insurance as determined by the Manager. b. All artisan food vendors shall show proof of all food-related inspections required by local, state and federal government regulations, including tax ID information. c. All artisan food vendors shall practice safe handling practices including wearing plastic gloves, sneeze guards and proper bagging, as applicable. d. All artisan food vendors are responsible for knowing safe food handling practices and following all local, state and federal laws governing food safety and food production. e. All artisan food vendors shall label their products in compliance with all local, state, and federal laws. f. Artisan food vendors may not label products “for pet food consumption.” All processed food products shall meet cottage industry or certified kitchen regulations.
C. Non-Artisan Food: Non-artisan food vendors are defined as those food producers creating products from premixes or kits and/or incorporating pre-made products. Such vendors are considered accessory vendors and shall only be permitted if both the Market Manager and CGM President or Board agree that the product fills a gap in the market venue. Non Artisan Food Vendors must also meet the following criteria.
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1. A Non-Artisan Food Vendor shall not vend any product similar to that of any existing Artisan Food Vendor. 2. A Non-Artisan Food Vendor’s annual application shall not be renewed if their product is similar to that of any new Artisan Food Vendor. 3. All Non-Artisan Food Vendors shall follow the criteria for certified kitchens, liability insurance, inspections, food safety, and so forth, as presented in Section 2(B)1-3 of this document.
D. Arts and Crafts: In order to sell at the market, the arts and crafts vendor must meet the following criteria.
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1. Items shall be hand-made or assembled by the vendor. No items are permitted that are not made by the vendor. No brokering is permitted. 2. Local arts and crafts are the preferred type for the market. 3. No kit art is allowed.
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E. Community Groups: In order to sell at the market, the community group vendor shall meet the following criteria.
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1. Groups shall be a registered not-for-profit or non-profit organization. 2. Groups shall not sell or give away any product at the market that competes with the product of any other type of vendor. Fund-raising “bake sales” are prohibited. Fundraising craft sales may occasionally be permitted, but only with Market Manager approval and only if these crafts are created by indigenous craft persons benefiting directly from the charitable organization. 3. Groups may provide free information and educational materials to the public as long as there is vendor space available. Groups shall contact the Market Manager prior to market day to find out about availability. 4. Groups shall provide their own set-up equipment, tables, canopies and displays. 5. Groups shall not actively solicit customers. 6. Groups shall fall into the following categories: school groups, children organizations, health related groups, agriculture related organizations, governmental organizations, animal groups, environmental groups, community-based housing and historical societies. Groups shall not present or petition for political or religious agendas. Groups engaging in discriminatory policies shall not be permitted. Groups shall be primarily humanitarian or charitable in nature.
7. No outside soliciting, politicking, pamphleting, canvassing, surveying or petitioning is permitted at the entrance, within the vicinity of or within the market boundaries during market operation.
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F. Haile Merchants: Haile Merchants who are members of the HVCMA who wish to set up in front of their business shall let the Manager know so that the space can be reserved for them. Spaces are standard 10X10 spaces. Any merchant who wishes to set up in an alternate location other than in front of their business shall make arrangements with Market Manager and will be permitted to vend in the market boundaries based on availability and type of product sold, as well as their business’s relevance to a farmers market operation. Haile Merchants may not vend or give away any product that is not part of their Haile business. Haile Merchants may not give away any product or food that competes with other vendors. Vending locations shall be determined by the Market Manager.
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! Section 3. General Market Operations !
A. Hours of Operation: 8:30 a.m. - 12:00 p.m. every Saturday 1. No vendor shall sell products prior to the 8:30 start up time. 2. Vendors with pre-packed CSA bags may distribute those bags from the rear of their booth prior to the 8:30 start up time if the number of pickups is minimal and if a list of pre-8:30 pickups has been submitted, with justification, to the Market Manager. 3. Vendors with CSA’s that are not pre-pack may not open their CSA selection area until 8:30 am.
! B. Season of Operation: October-July, with Summer option !
1. Standard Season. The standard market season starts the third weekend in October and ends the third weekend in July.
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2. Summer Option. The market may continue during summer weeks if it is in the best interest of the market. To be considered in the “best interest of the market,” the following conditions shall be met; and by the first week of July, the Market Manager shall confirm with the President of Community Green Markets (CGM) that these conditions can be met. a. At least 2-3 farm vendors shall commit to vending during the summer season. b. At least 1-2 artisan food vendors shall commit to vending during the summer season. c. An additional number of vendors shall commit to vending during the summer season to bring the the total number up to 10 anchor summer vendors. d. Booth fees from the total number of vendors shall be sufficient to pay the weekly salary of the Market Manager. Community Green Markets (CGM) may not subsidize
the costs of summer operation. The Market Manager must be available for the majority of the weekends of operation. Summer vendors may not act as market managers except in the case of a temporary absence of the full-time Market Manager. e. All summer farm vendors shall complete a farm inspection prior to vending during the summer season. By July 1, vendors shall shall complete a Farm Inspection Form listing all crops they will vend during the summer season and these crops must be in the ground at the time of inspection. f. Should the above conditions fail to be met at any time during the summer season, the Market Manager or the President of CGM may close the market until the standard season begins in October.
! C. Weekly Fees and Annual Membership and Application Fees ! 1. Weekly or Monthly Vendor Fees. !
a. Primary and Accessory Vendors in Standard 10’X10’ Spaces. Weekly fees: $15/week to be paid when attending market. Or, Monthly fees: Paid in full on the first Saturday of every month based on a rate of $10.00 per week, with no deductions or prorating for absences. b. Primary Vendors in Extended or Back-In Spaces. During the Standard Season: Weekly fees: $20/week to be paid when attending market. Or, Monthly fees: Paid in full on the first Saturday of every month based on a rate of $15.00 per week, with no deductions or prorating for absences. During the Summer Option: fees are the same as Standard 10’X10’ space fees. c. Community Groups. Free, if space is available and charitable in nature or $15/wk. d. Haile Merchants. Free.
2. Annual Membership Fees and Applications Fees.
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a. Primary Vendors. All Primary Vendors shall pay an Annual Membership Fee $25.00 to Community Greens Markets, due with the vendor application and every January thereafter.
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As members of Community Green Markets, Primary Vendors may attend board meetings, vote for board members and run for board positions.
b. Accessory Vendors. All Accessory Vendors shall pay an Annual Application Fee of $25 to the Haile Farmers Market, due with the vendor application and every January thereafter.
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Accessory Vendors are not members of Community Green Markets, but are welcome to attend and comment at annual members board meetings. If considered in the best
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interests of the market, the board may vote to elect an Accessory Vendor to an advisory position on the board. Community Groups and Haile Merchants. No annual fees are required.
D. New Vendor Trial Period. All new vendors shall have a four week trial period prior to final approval of the Vendor Application and payment of the annual fee. This trial period shall be used to establish whether or not the vendor is a good fit for the market and visa versa. Standards for membership include quality of product, quality of display, attendance, demeanor and compliance with market rules. No vendor is guaranteed a space at the market until a Vendor Application is approved after the trial period.
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E. Vendor Applications. No one shall vend at the market after the trial period without a completed and signed vendor application that has been approved by the Market Manager and/or the President of CGM. All vendors must reapply to the market on an annual basis for selection in the market. Vendors will be selected based on the quality and diversity of their products, their scheduled attendance at the market, and their contribution to the mission statement of the market. The Market Manager, as directed by the Board, shall allocate spaces in the market to all approved vendors.
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Products permitted for sale shall be limited to those listed on the annual vendor application and approved by the Market Manager. Expansion of product lines beyond the categories approved on the annual application shall require subsequent approval. The Market Manager, as directed by the Board President or CGM Board, may add conditions to a vendor application. Such conditions shall be provided in writing to the vendor at the time of application.
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Section 4. Weekly Market Set-up A. Vendor Set-up: Set-up starts no earlier than 7:00 am (one hour and thirty minutes before opening time). Due to safety concerns, no vehicles shall enter the market boundaries to unload after 8:00 am or during market hours (8:30 am-12:00 pm). Vendors shall be packed up by 1:00 p.m. Vendors shall not sell before the 8:30 am opening time since it is unsafe to encourage customers to arrive early while trucks are still being unloaded and moved within the market boundaries and it is discourteous to Haile residents to encourage early morning noise and customer traffic. Vendors may continue sales after 12:00 pm only if they occur while the vendor is actively packing up their booth.
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B. Unloading: Vendors shall unload immediately on arrival and remove their vehicles as soon as the unload is complete. Vendors may set up their tent to protect their product from the weather and vendors may open one table to keep their product off the ground. Otherwise, vendors shall not start arranging their booths until they have completely unloaded and moved their vehicle. No vendor shall unload from another vendors designated back-in spot.
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C. Vendor Space: Standard Vendor Spaces are 10’X10’ with an average 2 feet side space between tents. Vendors in Standard Spaces must set up for front customer service only.
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Extended or Back In Vendor Spaces vary in dimensions that are specific to each area and are delineated by the Market Manager based on market layout. Extended or Back In Vendor Spaces, when available, shall be assigned based on need, booth size and type, market attendance, longevity and volunteerism. All vendors booths must adhere to their designated dimensions. However, with seasonal requirements and where possible and with approval by the Market Manager, vendors may expand modestly beyond their tent boundaries if it does not impede traffic or interfere with the space accorded to adjacent booths. If necessary, Primary Vendors may apply for double spaces. However, these are not guaranteed. Fees increase with booth size. Plant vendors or vendors with special setup needs that are located in peripheral areas of the market may, with Market Manager approval, expand their booths to accommodate their large potted plants or specialized equipment as long as the expansion is well designed and necessary and the extra space is available. The Market Manager shall determine on a case by case basis whether it is appropriate to charge Standard or Extended Space booth fees.
C. Canopies: Canopies are required for all vendors after the one month trial period. Types of canopies must be of the standard 10X10 canopy design, unless size variations are otherwise approved by the Market Manager.
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With the approval of the Market Manager, vendors who create custom displays with carts or trailers can be exempt from required canopies. All vendors with such custom displays and/or vendors who temporarily do not have canopies must still configure their displays, tables and signage to fit within the 10X10 Standard Space or the designated Extended or Back In Space unless otherwise approved by the Market Manager.
E. Responsibilities: Vendors shall be fully responsible for their own setup. Market staff is not available to assist vendor setup.
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Market Layout: 1. Farm and Food Vendors. a. Primary (farm and food) Vendors shall be classified as Anchor Vendors, Seasonal Vendors or Intermittent Vendors. Only Anchor Vendors shall be assigned a permanent spot. Anchor Vendors shall be defined as those Primary Vendors committed to
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attending the market every week during the Standard Season. The Market Manager shall determine whether a Primary Vendor meets this definition. Intermittent Vendors and Seasonal Vendors shall be assigned a location at the market by the Market Manager when the vendor arrives at the market. Location will vary according to the needs of market and may rotate from week to week.
b. All farm and food vendors shall notify the Market Manager at least 1 day prior to the market day if they will not be attending the market. All farm and food vendors returning to the market after an absence shall contact the Market Manager at least 5 days prior to returning to the market. Vendors who fail to contact the Market Manager at least 5 days prior to returning to the market, will not be guaranteed a vending space.
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2. Craft Vendors.
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a. Craft vendors shall locate within the market boundaries as designated by the Market Manager. Craft vendors are not guaranteed permanent spots and may be assigned a rotating weekly space based on the needs of the market.
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b. All craft vendors shall notify the Market Manager at least 1 day prior to the market day if they will not be attending the market. All craft vendors returning to the market after an absence shall contact the Market Manager at least 5 days prior to returning to the market. Vendors who fail to contact the Market Manager at least 5 days prior to returning to the market, will not be guaranteed a vending space.
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c. With the Market Manager’s approval, farmers may sell farm crafts if the crafts are made from products harvested on the farm or are considered traditional farm crafts.
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3. Community Groups and Haile Merchants
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a. Community Groups shall be assigned a location at the market by the Market Manager when the vendor arrives at the market. Location will vary according to the needs of market. Groups shall notify the Market Manager at least one week in advance should they wish to begin vending at the market. Space is not guaranteed.
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b. Haile Merchants with store fronts within the boundaries of the market may locate in front of their business in a standard 10X 10 vendor space. All other Haile Merchants shall be assigned a location at the market by the Market Manager when the vendor arrives at the market and in accordance with the type of product sold. Location may vary with the needs of market. All Haile Merchants shall notify the Market Manager at least one week in advance should they wish to begin vending at the market. Space is not guaranteed.
! ! Section 5. Market Priorities !
The primary purpose of the farmers market is to provide the optimal opportunity for farmers to sell directly to the public. Therefore, one of the following conditions must be met.
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A. 50% Rule: The majority of spaces (at least 50 percent) shall be occupied by farmers. The remaining spaces shall be allocated in the following order of priority to (1) Artisan Food Vendors. (2) Arts and Crafts Vendors and Processed Foods Vendors, and (3) Non-Profit or Not For Profit Organizations. Or,
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B. Best Interests of Market: If the Board determines that the 50% Rule is not in the best interests of the market, the Board may adopt market rules that maintain the intent of the 50% Rule, so long as the following conditions can be met.
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1. Community Green Market shall not use its resources in any manner that does not promote the farmer-based mission statement of the market.
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2. Community Green Markets shall not restrict the optimal space needs or location needs of any Primary Vendor due to Accessory Vendors.
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3. Community Green Markets shall remain a farmer-based organization, run by a farmerbased Board of Directors.
! Section 6. Additional Rules for ALL Vendors !
A. Music & Noise: No radios or car stereos shall be played at the market at any time. This includes music, talk radio and sport events. Playing musical instruments in vendor booths is rarely permitted and requires permission from the Market Manager. Due to the residential nature of the Haile Village Center, vendors shall refrain from shouting or loud noises during set-up or pack-up.
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B. Barkering/ Hawking: No “barkering” or “hawking” or aggressive solicitation of products for sale is permitted. No solicitation of customers by calling out sales pitches or specials to customers as they are passing by is permitted. Customers must ask or enter the booth space before vendors may solicit their product or offer samples.
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C. Courtesy Rules: Violation of the Courtesy Rules presented in this paragraph shall result in immediate dismissal. Vendors shall be courteous at all times. Profanity or aggressive, rude, or confrontational behavior toward any other vendor, market staff, or customers shall not be tolerated. Vendors verbally complaining to other vendors and/or customers about another vendor or vendor’s products shall not be tolerated. Any other type of behavior that is
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disruptive to the market shall not be tolerated. Vendors creating a negative atmosphere at the market shall not be tolerated. No vendor, who is not a member of market staff, shall confront a fellow vendor regarding market rules or attempt to enforce any market rule. Vendors shall relay their concerns to the Market Manager.
D. Market Manager, President of Community Green Markets (CGM) and CGM Board: The Market Manager and/or the the CGM President and/or their designee(s) are responsible for enforcing the rules of the market, as adopted by the Board. All vendors shall follow the directives of the Market Manager. The Market Manager shall follow the directives of the Board. The President of CGM shall oversee the Market Manager.
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E. Market Issues and Redress: Any problems and complaints shall be brought directly to and resolved by the Market Manager. If an issue is believed to be inadequately addressed by the Market Manager, the vendor shall contact the President of Community Green Markets (CGM) and if necessary, the Board shall vote on how to address the situation. The vendor shall follow the directives of the Market Manager until the President of CGM and/or the Board make a final determination.
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F. Smoking: Vendors may not smoke or spit within the boundaries of the market. Vendors may only smoke outside the market boundaries in areas where secondary smoke does not drift into the vending area.
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G. Signage: Within the Standard 10’X10’ or the assigned Extended vendor space, a vendor may put up signs, banners, sidewalls and vertical displays at any size or height as long as they do not exceed the height of a standard 10’X10’ tent or the width and depth of the Standard 10’X10’ or assigned Extended vendor space. Signs shall be well anchored.
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Some types of signage, such as sandwich/A-frame signs may be located slightly outside the
front of a vendor space. but if so, shall be of modest size and height and placed in such a manner that they do not block customer traffic, visibility of adjacent booths or create a hazard. The Market Manager may prohibit the use of any type of signage projecting outside a booth that does not meet these requirements.
! H. Prices: Prices shall be displayed for all items for sale. !
I. Taxable items: Vendors selling taxable items are responsible for collecting and filing their own sales tax.
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J. Market and Space Upkeep: Vendors are required to keep their space and surrounding area clean, neat and in sanitary condition. All waste and unsold products must be removed from the Market. Vendors shall not dump ice in any area of Haile Plantation. Vendors shall not dump any liquids or solids in the storm grates other than clean water.
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K. Liability: Vendors accept complete liability for their products and personal property. Vendors shall carry their own personal liability and product liability insurance. Prepared food vendors shall include proof and provide copies of adequate product liability insurance with their applications.
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M. Canopy Safety: Vendors shall have a method to secure their canopy under windy/inclement weather conditions. Vendors who do not have an adequate method to secure their canopy will be required to take it down under hazardous conditions.
! N. Fires and Firearms: No open fires or firearms are allowed. !
O. Compliance: Vendors shall comply with all federal, state, local and special statutes and ordinances regarding public health, safety and welfare including those that govern the sale of their products.
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P. Parking: All vehicles shall be parked in designated parking areas. Vendors shall unload their products as quickly as possible and promptly move their vehicles to the designated parking areas. No vendor vehicles are permitted to enter the market boundaries between 8:00 am and 12:00 pm.
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Q. Entertainment: Entertainment at the market shall occur only in areas designated for that use. Entertainers shall follow market rules and all verbal and written rules regarding sound volume and selling of merchandise. No entertainer may set up without prior approval from the Market Manager.
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R. Vendor pets: No vendor pets are allowed except for those required due to a medical disability.
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S. Religious/Political Solicitation: Vendors shall not use booth space to promote religious or political agendas.
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Attire: Appropriate attire shall be worn. Shoes and shirts are required.
U. Power Sources: Market vendors requiring power for their booth infrastructure are responsible for providing their own power source in a manner that does not generate noise or odor or safety concerns. Permitted examples include solar panels and battery/inverters. Generators are not permitted. Gas canisters or gas or wood fired grills or ovens are permitted only with Market Manager approval and only if they are uniquely necessary to the vendor's product. With all power sources, it is the vendors responsibility to follow all local, state and federal safety and use regulations.
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Vendors using existing power outlets at the market may continue to do so long as they (1) have obtained permission from the Market Manager, (2) have obtained permission from the owner of the outlet, (3) have protected the cord so that it does not become a safety hazard on the sidewalks, (4) do not extend any additional power cords across the market road, and (5) do not overload the outlet or add a power strip to the outlet. Should any Haile business owner complain about vendor use of outlets, the use will be prohibited.
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After November 1st, 2013, no Haile Market Vendor may operate a generator or any other type of odor or noise producing power source at the the Haile Farmers Market. After October 1st, 2013, no Haile Market Vendor may expand the use of any existing power outlets and all current use of power outlets must be registered with the Market Manager.
! ! Section 7. Conflict Resolution !
If any vendor willfully violates the Rules & Regulations of the market, the Market Manager shall proceed as follows.
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A. Notification of Violation: The Market Manager shall issue a “Notification of Violation” to the vendor. The notification shall be signed by both the Market Manager and the President or Vice President of CGM. The notification shall specify the rule violation and inform the vendor that any future violations of any rules during the market year shall result in dismissal from the market for the following four consecutive markets.
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B. Permanent Dismissal: Any subsequent violations of market rules after the vendor returns from the four week period shall result in permanent dismissal from the market.
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C. Redress: Should any vendor feel they have been unfairly permanently dismissed from the market, they may request a meeting of the Board of CGM at the convenience of the Board to review and make final ruling with regard to the dismissal. A quorum of four Board members including either the President or Vice President must be present.
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D. Exceptions: Aggressive or offensive behavior towards the Market Manager, market staff, fellow vendors or customers shall, with the approval of the Market Manager or the President or Vice President of CGM, result in immediate and permanent dismissal from the market and shall not require any Notification of Violation.
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E. Brokering Violations: Brokering violations shall follow the procedures in this Section with the exception of the following.
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1. A written Notification of Violation shall not be required. If a product displayed by the vendor is of concern, the Market Manager shall verbally request that the item be removed.
2. The vendor shall remove the product immediately or shall request a farm inspection, to be conducted at the convenience of the Market Manager or designee before the next market. Should the vendor be unable to reasonably accommodate a farm inspection during that time, the vendor shall not return to the market until an inspection can be conducted. 3. Should the Market Manager request that a vendor remove a product of concern from their table a second time during the market season, inspection shall be mandatory. 4. Should a farm inspection fail to clearly show that the item has not been brokered, the vendor shall be dismissed from the market for the following four consecutive markets. In addition, the vendor shall be responsible for the costs of the inspection and may not return to the market after the four week period until these costs are met. 5. Any subsequent brokering violations, at any time, shall result in permanent dismissal.
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Section 8. Regulation Amendments
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A. Brokering Exceptions: If the Board determines that it is in the best interests of the market to consider exceptions to the non-brokering regulations, they may do so under the following conditions.
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1. The Brokering Exception shall be approved by the Board. Any vendor brokering an item prior to the approval of the Board, any vendor with a prior record of brokering or market rule violations, and any vendor that fails to follow the directives of the Market Manager shall be disqualified from any Brokering Exception.
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2. Brokering Exceptions shall be limited primarily to farm vendors. However, value added/ artisan food vendors may also be considered if the item is a primary ingredient in their food product and if no farm vendor has been granted permission to broker the item.
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3. Unless otherwise determined by market management, the brokered item shall meet the following conditions.
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a. The brokered item shall be locally grown and purchased from a local farm. b. The brokered item shall be in season. c. The brokered item shall be prominently labeled as brokered. As such, the following conditions shall be met. 1. A signed “Notice of Brokering Compliance” shall be posted by the vendor or the Market Manager on the outward facing post of the vendors tent or at a prominent location as determined by the Market Manager. 2. The “Notice of Brokering Compliance” shall be posted before the vendor opens for business at the market and remain posted during market hours.
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3. The “Notice of Brokering Compliance” shall be posted in the above described manner on every market day that the vendor displays the brokered item.
d. Should any local farm growing a similar product begin to vend the product at the market, the vendor named on the Notice of Brokering Compliance shall remove the item by the following week. The Market Manager shall inform the vendor when this condition must be met.
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4. Should the vendor fail to meet the conditions in this section, they shall be dismissed from the market for four consecutive weeks. Any subsequent violations shall result in permanent dismissal from the market.
