Thursday, September 3, 2009

Rules and Regulations

DeSoto Farmers’ Market
Rules and Regulations 2009 Season
1004 Rock Road, DeSoto, Mo. (Parking lot behind St. Andrew’s Methodist Church)

I. The DeSoto Farmers’ Market will open for seasonal operation on May 9, 2009, and the last day of operation will be October 31, 2009.

II. The DeSoto Farmers’ Market will open at 8:00 a.m. and close at 12:00 p.m. Vendors must be set up by 7:45AM. No sales are permitted before the opening time or after the ending time. The market master will supervise opening and closing of the market.

III. The DeSoto Farmers’ Market will be located at St. Andrew’s United Methodist Church parking lot at 1004 Rock Road, DeSoto, MO 63020.

IV. The DeSoto Farmers’ Market is a smoke-free market.

V. If inclement weather occurs, the Market Master will make a determination as to whether or not the market will open.

A. If, due to rain, a vendor decides to leave prior to 10:00AM, the registration fee will either be refunded or credited for use at a future market day. If, after 10:00AM the vendor leaves, no refund or credit will be offered.
B. If inclement weather occurs before the market opens, call 636-208-8768 or 314-605-3290 to find out whether or not the market will be open for business.

VI. Producer-only rules and exceptions: All products displayed for sale must be produced by the vendors who sell them. Resale of any other items purchased by a vendor is not permitted.
A. Vendor: Defined as the actual producing individual, immediate family member, another
producer member of the market, or employee of the producing individual’s farm or
B. Local: Defined as produced within 50 miles from DeSoto, MO within the state of Missouri.

VII. Allowable products:
A. Fruits
1. Must be whole, uncut
B. Vegetables
1. Must be whole, uncut
C. Herbs
D. Flowers
E. Honey
F. Bedding plants
G. Baked goods (see approved list)
1. Uncut baked goods may be sampled by customers.
H. Jellies/Jams/Preserves
1. Jams and preserves may not be made with artificial sweeteners
I. Approved crafts (hand made by vendor)
J. Wine
K. Trees and bushes
L. Eggs
1. Eggs may be sold if the vendor has proper licensure. This includes a retail license and dealer’s license from the Missouri Department of Agriculture.
2. All crates used for transport and sell of eggs must be provided by the vendor. All crates must be new to avoid contamination of product.
3. Egg cartons must be labeled with date the eggs were packed.
4. Eggs must be candled and graded prior to sale.
5. Eggs must be transported and kept at proper refrigeration temperature, 45F.
M. Small animals and livestock
1. No cats or dogs

VIII. The Market Master will determine which products can and cannot be sold at the market. Display and sale of all products must conform to rules and regulations established by the Jefferson County Health Department.

IX. Participation: All persons intending to sell at the DeSoto Farmers’ Market must, prior to participation in the market, file a vendor application. Vendor must place a farmers’ market permit in their vehicle each week. Each vendor must call in reservations by Wednesday for the upcoming Saturday market. The vendor application requires the vendor to:
A. Verify that she/he/they are the actual producers of the specified items which they intend to sell
B. List business/farm name and contact information for farm/home/office
C. Be responsible for liability insurance
D. Agrees to DeSoto Farmers’ Market rules and regulations

X. Market Master: The Market Master is a volunteer position. The duties of this position are as follows.
A. Record attendance and keep a brief log of market events
B. Reserve assigned space
C. Monitor the customer parking situation and resolve conflict that may arise
D. Announce the opening and closing of the market with a bell or horn
E. Resolve minor disputes between vendors and between customers
F. Enforce market rules and report alleged violations, in writing, to the DeSoto Farmers’ Market
G. Act as a liaison between market vendors and the DeSoto Farmer’s Market Committee
H. Approve and book community space as available (see rule XV)
I. Convene producers at the market for brief meetings as necessary.

XI. Fees: Weekly fee of $5.00 is due each morning to the Market Master before the opening of the market. Fees are non-refundable.

XII. Cancellation Policy: Vendors who cancel later than noon on Friday will be required to pay the fee. Vendors will not be allowed future market space until payment is made.

XIII. External regulations: Vendors are responsible for compliance with applicable city, county, state, and federal regulations, such as (but not limited to):
A. Vendors are not required to obtain city business license.
B. Approval seal of Weights and Measures on all scales. Scale is not required. Items may be sold by the piece or bundle.
C. No pets allowed in vendor booths

XIV. Sales Tax: State, city and county sales tax must be collected. The current rate as of April 2009 is 7.350% on every non-food item and 4.35% on food items.

XV. Organic certification on claimed products as required

XVI. Liquor license is required to sell wine.

XVII. Vendors may sell eggs if they have proper licensure as specified above (Section V, Part L)

XVIII. Food safety, sanitation, health permits, and labeling requirements pertaining to the items for sale.
A. Pre-packaged items must be labeled with the following information:
1. List all ingredients in descending order
2. A statement that indicates the product was not inspected by the Jefferson County Health Department
3. Name and address of the vendor or person who manufactured the product

XIX. Signage:
A. Signs identifying the name and location of the vendor’s business must be posted before sales begin.
B. Signs, boards, tags, or labels listing prices of all products for sale must be posted prior to the beginning of sales.
C. Producers selling products they refer to as ‘organic’ must display a sign giving their organic grower’s certification and their certifying body, unless exempt from certification due to small scale of operation.
D. Producers should clearly separate and label organic and non-organic products in the same display.
E. Each vendor must have a sign at their table that indicates their products have not been inspected by the Jefferson County Health Department.

XX. Space and parking designation: Vendors must provide overhead protection and a table for their product.
All food products must be off the ground. The Market Master will determine space and parking designations. All vendor spaces will be 10’x10’.
1. All food vendors must have a tent. If no food is being sold, then the vendor does not need a tent.
2. If a vendor is selling non-food products, then products may be placed on the ground.
3. Food products may not be placed on the ground.

XXI. Cooking Demos: At the discretion of the DeSoto Farmers’ Market, temporary food service establishments may be allowed to serve food at the DeSoto Farmers’ Market under the conditions of the Jefferson County Food Ordinance. All menu items will be approved based on healthiness of the menu item.

XXII. Educational and community activities: 1 space will be made available free of charge for educational activities relating to sustainable agriculture or non-profit, health-related community groups. This space will be made available on a first-come, first-serve basis, but must be approved and booked with the Market Master in advance. GHD may have access to a booth during market hours when needed.

XXIII. Clean-up: Vendors must clean-up the area around their trucks and sales area before leaving the site each market day.

XXIV. Public Safety: Shade structures shall be secured to the ground via clearly marked blocks, sandbags, or other heavy objects in order to prevent damage to products and injury to others.

XXV. Market behavior: Vendors are independent entrepreneurs with a common stake in creating a vibrant marketplace. Activities which appear outside the range of normal sales practices can be respectfully questioned by other vendors. The Market Master will assist in finding a resolution. If this fails, the Market Committee will conduct a vote if requested. When a vote on an alleged ‘abnormal activity’ favors a change in a vendor’s practice, the vendor in question must comply. ‘Abnormal activities’ include but are not limited to:
A. Unsafe conditions or hazards in and around sales area.
B. A stand or display which impedes access to other vendors
C. Radical price-cutting of top quality products. Poor quality, or over-ripe, or canning quality products must be labeled as such and can then be sold at a discounted price.
D. Condition of sales area, products, or vendor behavior that detracts from the market’s appearance, overall quality, or reputation.

XXVI. Anyone not complying with these guidelines may be asked to leave the market.

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