Penfield Chamber of Commerce - Farmers Market

Rules and regulations.

 2009

 

 

A. Market Mission:

1.      Provide opportunity for local agriculture to sell their agricultural products directly to the consumer.

2.      Provide homegrown, fresh nutritious foods to the community

3.      Foster social gathering and community activity

 

B. Governing Body

1.      The farmers' market is sponsored by Penfield Chamber of Commerce. As sponsor they will:

Ø      Establish rules and regulations, adopting and amending as needed

Ø      Establish requirements for participation in the farmers market

Ø      Establish and collect annual stall rental fees

Ø      Establish the operational schedule of the market

Ø      Advertise and promote the market

Ø      Hire a market manager

Ø      Maintain a general liability insurance policy for the market

Ø      Establish a market advisory committee to assist the sponsor in establishing market policy

2.      The market manager is responsible for the orderly and efficient conduct of the market and for implementing the rules and regulations. The market manager represents the management during market days.

 

C. Seasons and Times of Operation

1.      The farmers' market will operate:

Ø      Location: Parking lot of Home Depot – Panorama Plaza, Penfield, NY

Ø      Season: Third Friday in June thru Second Friday in October

Ø      Day of the week: Fridays

Ø      Hours: 2 till 7 PM

2.      No selling or bagging may occur until the opening bell has rung.

3.      Sellers may arrive up to 1 hour prior to opening to begin setting up, trying to be ready by the time the opening bell rings

4.      Sellers must remain set up until market closing unless prior permission by the market manager is given.

5.      Sellers must have their market sites dismantled, packed up, and cleaned within one hour of the market closure.

 

D. Who may sell at the farmers' market

  1. The use of the market is restricted to those who are bona-fide growers, craftpersons, producers of home made products or other approved vendors.

  2. Only approved members will allowed to sell at the market.

  3. Membership application must be made annually with the farm manger.

  4. Craft sellers will be limited to no more than 30% of the total number of vendors at the market.

 

E. What may be sold at the farmers’ market

1.      Fruits and Vegetables. Produce offered for sale must be grown, harvested and cared for post-harvest so as to insure the freshest produce possible.

2.      Cider and fruit juices: sold only by the growers of those fruits. Can be pressed off farm, but 60 of the juice must come from fruit you have grown.

3.      Eggs from your own flock may be sold.

4.      Honey and honey products derived from your own hives are allowed.

5.      Maple syrup and maple products must be from your own sugar bush or sugar bush under your control.

6.      Cheese and other dairy products must be kept cool.

7.      Dried fruit. Only fruit grown and dried by the vendor may be sold.

8.      Fresh water aquaculture and ocean fish: fish must be raised by the vendor or sold by the fisher. Fish may not be cut at the market. All fish must be kept cooled on ice or in a refrigerated truck. (The truck will not be allowed to keep its engine running during market hours to maintain the cooling unit.)

9.      Craft items that are juried by farm manger will be allowed.

10.  Baked goods must be hand made from scratch by the seller. Baked goods must have a protective covering or be wrapped. Baked goods requiring refrigeration will not be allowed.

11.  Other products include: preserves, herb vinegars, grains, jams. All must be from product grown by the seller                                                       ,,  ,

12.  Products not specifically listed in these rules and regulations must be pre-approved by the Board of Directors.

13.   All applicable regulations must be adhered to when selling at the farmers market.

Ø      Vendors selling taxable items must display a valid NYS Certificate of Authority

Ø      Vendors selling processed foods, prepared foods, and other perishable items shall do so in compliance with the requirements of the Health Department and the Department of Agriculture & Markets.                                                   .

Ø      Vendors selling by weight must have scales approved by the County Dept. of Weights and Measures.                                                   .

Ø      Vendors selling by volume must use standard size containers, such as pint, quart, etc.

Ø      All prepackaged items, such as baked goods, must be labeled in accordance with NYS labeling requirement.

18 Produce cannot be advertised as organic unless it has been certified by a recognized

independent third party certifying agency. Certificate must be displayed

19. All produce and products for sale should be priced clearly and displayed in a manner that does not confuse or mislead the customer.

 

F. Guidelines for selling at the market.

1 Sellers must have a sign clearly showing their name and location.

2 Each seller will be responsible for all equipment and supplies for the setup of a booth displays should be constructed in such a way that they do not block customer walkways nor pose any other hazard to customers.                                    .

3. Vendors who provide samples and/or products that will result in waste material, such as cups, rinds, and corn cobs, must provide containers for waste disposal.

4. Sellers are required to keep their market space neat and clear of obstacles, litter and debris.

5. No form of discrimination is permitted at the market.

6 Sellers are expected to treat customers in a courteous manner.

7. Sellers must clean their sales area and remove all refuse at the end of the day.

8. All produce displayed for sale must be at least 12" off the ground.

9 No hawking or amplified music is permitted at the market.

10 All vendors, without exception, must provide proof of general and product liability insurance. The market should be listed as an additional insured. A copy of the insurance certificate must be given to the market manager prior to setting up or selling any products at the market.

11. No dogs at the market.

12. No smoking, alcoholic beverages or firearms are permitted at the market.

13. All products offered for sale must be of good quality and condition. The market manager reserves the right to direct that inferior goods be removed from display. Failure to remove products deemed inferior will be reported to the market's governing body and may result in loss of market privileges.

14. No soliciting by political, religious, or other special cause groups or individuals are permitted at the market.

 

G. Fees

1. Annual stall fee of $95.00 if paid before May 15th and $135 after that.

2. The stall fee schedule will be determined annually by the market's board of Directors and approved by the membership.

3. Fees collected will be used for operating expenses as well as advertising and promoting the market.

4. No subletting of a seasonal booth is permitted.

5. Daily fee of $25 will be assessed for those wishing to sell occasionally or for only a short season. Payment of the daily fee is due to the market manager before setting up for the day.

 

H. Stall Assignment

1. The market manager will assign all stalls.

2. Stall sizes are 10 feet wide. A vendor may use more than one stall, but must pay the full fee for all stalls used.

3. If the seller is paying on an annual basis, he/she will be assigned a permanent spot for the duration of the season and every effort will be made to keep them in that same spot each season, so long as the annual fee is paid. Daily renters will be placed daily as room allows, on a first come, first serve basis.

4. Sellers must notify the market manager in advance if they will be absent. The market

manager is then free to set up another vendor in that space for that day only.

5. For safety reasons, any vendor arriving after opening may be asked to set up in a stall on the periphery of the market.

6. The market manager has the right to re-rent stall space to a daily renter if a seasonal seller will be absent on any market day.

7. No subletting of stall space is permitted.

8. Rents are not reimbursable, either in whole or in part.

 

I. Grievance Procedure

1. All complaints must be addressed in writing to the market manager and the market's

governing body. To eliminate frivolous complaints, a $50 deposit as a show of good faith

must accompany all complaints. The market manager and/or sponsor will investigate the

complaint. If the complaint is legitimate, the vendor will be reimbursed $50. If the complaint is found to be frivolous or blatantly false, the vendor forfeits the fifty dollars to the market's operating funds.

2. The market manager will notify sellers of any rules violations and notify the market's

governing body of those violations. The Governing body will review those violations and

determine consequences appropriate to the offenses, including warnings, fines and

termination of the vendor's rights to sell at the market. The vendor may appeal such decision by giving written notice and appearing at the next meeting of the governing body.

3. Any fines levied against a seller must be paid in full by the next market day. Until fine is paid, market selling privileges will be suspended.

4. Vendor complaints against management can be made in writing to the market's manager and governing body and by appearing at the next meeting of the governing body to address the grievance.

 

 

Updated 12/27/08