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NELSON FARMERS’ MARKET CO-OP
RULES FOR THE 2010 MARKET SEASON
The Nelson Farmers’ Market Co-op is a PRODUCER’S only market. The
market was incorporated December 2, 1997, a result of collaboration
among the Nelson County office of the Virginia Cooperative Extension
Service, Wintergreen Real Estate Company and a loose association of
agricultural producers. This group wanted to provide a place
where local farmers and market growers could sell high-quality produce
directly to customers, and they wanted to provide a weekly gathering
place for people interested in the culture and agriculture of Nelson
County.
The following rules and guidelines, although they seem extensive, are
intended to make it as easy as possible for local farmers to sell their
products directly and legally to the public. The emphasis on
doing things “by the book” reflects a desire for smooth and continued
operation. The Market welcomes new vendors and new products.
The Board of Directors of the Nelson Farmers’ Market Co-op oversees the
business operations of the market on a volunteer basis. The
Farmers’ Market is run by and for the vendors with no support from the
county or state. All vendors are encouraged to participate.
Fees collected by the Market are for the express purpose of promoting
and operating the Nelson Farmers’ Market Co-op. This includes
normal administrative expenses, tent maintenance, market manager wage,
advertising and operating fees.
FEES AND REGISTRATION
A RESERVED SPACE for the 2010 season costs $75.00.
The DAILY SPACE FEE is $10.00 per market with total fees for the year
not exceeding
$100.00.
Each market day, the market manager collects from each vendor:
5% of their daily sales as a market fee, and either 2.5% or 5% of sales
for state sales tax unless they pay sales tax directly to the
state. (2.5% is applied to grocery items like produce, baked
goods, eggs and 5% tax is applied to non-consumables like candles,
plants or craft items.) These fees are paid every week the vendor
sells at the market and are in addition to any seasonal or one-time
reserved space fee that vendors pay. The vendors’ Sales Tax
Identification Number is required on the producer’s certificate if a
vendor pays sales tax directly to the state. If no sales Tax ID
number is provided, the tax must be paid to the market for payment to
the state. It is the responsibility of the vendor to calculate
their sales tax and market fee and give the money to the market
manager, either by check or by exact change. The market will
provide envelopes for this purpose.
A PRODUCER’S REGISTRATION CERTIFICATE or GUEST APPLICATION must be
completed before selling at the market. Vendors completing this
certificate before or during the annual meeting are considered annual
members. By completing and signing the certificate , a vendor
agrees to:
1) follow these rules; and
2) allow a production site inspection if requested to do so by the
Board of Directors
The certificate or application states that all products offered for
sale are grown or made by the vendor, his or her family or
employees. The Board of Directors retains the certificate or
application, which is valid for one season.
SPACE ASSIGNMENTS AND RESERVATIONS
Sharing of spaces is not allowed at the market. However at the
discretion of the market manager in
conjunction with the board of directors, half spaces under the tents
(5’ wide) may be assigned under the following conditions.
1. There must be 2 vendors to occupy the 10’ space.
2. Both vendors must be returning from the previous year.
3. Both vendors must be paid season vendors.
4. Season fee for the half space will be $40.
5. Both vendors must have a limited amount of specialty products to
warrant being granted a smaller space.
6. The vendors’ products must be different enough that they will not be
in direct competition with each other.
7. Both vendors must agree to a vehicle parking arrangement since there
is only one vehicle allowed per space.
Vendors with reserved spaces must be in their spot by 7:30am.
If you are not there, your spot may be given to another vendor for that
day. This is to make sure that we are ready to open by 8:00am,
when many customers arrive, and to make sure that day vendors are given
the chance to set up by opening. If you plan to be late or if you
know you are not coming to a market, please let the market manager know
as soon as possible, and by Friday night at the latest. The
market voice mailbox phone number is: 434-244-2399
Anyone arriving 1 hour after market opening needs to check in with
the market manager before setting up. LATE ARRIVALS will be
assigned a space where setup will make the least impact on the
operation of the market and safety of the customers.
Vendors will sell from only ONE VEHICLE and must occupy only one
space as assigned by the market manager unless an additional space has
been assigned and paid for. Maximum vehicle size is a 1-ton
pickup or van.
The market manager designates the vending location for all vendors
with or without vehicles, and, if the market manager judges it
necessary, may request a vendor to relocate.
OTHER RULES
1. In general, only PRODUCERS may sell at the market. A producer
is defined as the person who grows or makes the product and may include
the producer’s immediate family, partners or employees. In this
case, partnership means that both or all parties participate in
growing, baking or producing the items being sold. Producers may
sell farm and kitchen products including fruit, vegetables, herbs,
eggs, cut flowers and plants.
2. All goods sold at the market must originate from within a 75-mile
radius of the Nelson Farmers’ Market. Any complaints filed with
the market manager about vendors not following this rule will be
investigated by the market manager and/or Board of Directors and may
result in expulsion from the market for the remainder of the selling
season.
3. Vendors must be ready to check out promptly at 12:00 noon. If
you make sales after 12:00, you can add them to the following week’s
sales total. All debris, boxes, containers, etc. must be loaded
for removal within one hour of market closing time. All vendors
must bring their own trashcans and nothing can be left under the
tents. This is a direct request from the owners of the field.
4. ARTS AND CRAFTS are permitted for sale at the Market. Because
the Nelson Farmers’ Market Co-op is primarily a market for agricultural
products, the Board of Directors reserves the right to limit the number
of craft vendors and the type of crafts sold. All art and crafts
must be made by the vendors, immediate family or employees and must be
produced within a 75-mile radius. No items purchased for resale,
commercially produced products, or Tee shirts are permitted. Any
questionable items will be subject to the approval of the Board of
Director craft vendor review committee.
The following items are subject to Department of Agriculture
approval: cider, jams, jellies, relishes, honey, canned goods and
baked goods, frozen meats and dairy products. Any vendor selling
these products must contact the local health department and/or the VA
Dept. of Agriculture and Consumer Services (804-786-3501) for any
necessary inspections and permits.
It is the responsibility of each producer to abide by all state and
federal regulations that govern the production, harvest, preparation,
preservation, labeling or safety of the product the vendor offers for
sale at the market. Vendors are liable for their own
products. Market managements, the Farmers’ Market Board of
Directors and the property owners will not be held liable for the
products offered by vendors. Product liability insurance is the
sole responsibility of the producer.
The sale of cooked meats, game, poultry or fish is allowed at the
market if the food comes from a Dept. of Agriculture inspected
and approved kitchen and is held at proper temperature at the market.
In order to sell raw, fresh or frozen meats, game or poultry, each
item must be raised by the producer, must meet all government
requirements for retail sale and must be maintained at an approved
temperature at the market. The item may also be required to carry
a USDA label.
EGGS do not require a USDA sticker, but need to be held at proper
temperature.
The on-site sale of live animals is not allowed at the market.
NO poultry, game or livestock will be slaughtered or dressed in the
market area.
5. Vendors may sell produce by piece or by weight and must be in
compliance with VDAC guidelines.
6. Fraudulent, dishonest or deceptive merchandising or collusion to set
prices among vendors may be grounds for forfeiture of the right to do
business of any kind in the market for a length of time to be
determined by the market manager and the Board of Directors.
7. No vendor of produce may sell products at a price 10% below the
current market value for retail farmers’ markets as reported by the VA
Dept. of Agriculture and Consumer Services. The market manager
will have the latest report of these prices. Vendors who want to
be placed on the Retail Farmers’ Market Information mailing list can
receive biweekly reports from June to October by calling 540-209-9144.
8. Generators are not allowed at the market. There are a limited
number of power outlets available. These are on a first-come,
first-served basis. Interested vendors must bring their own
all-weather extension cords.
9. Solicitation for products, services or charitable contributions not
specifically addressed as a market commodity or by vendors other that
market vendors is not permitted without prior written permission of the
Board of Directors.
10. Children under the age of fourteen may not be vendors unless they
are accompanied by an adult responsible for the child’s conduct and
safety.
11. No cooking within the market area is permitted without prior
written approval of the Board of Directors.
12. Commercial enterprises such as area restaurants, bed &
breakfasts and bakeries may sell baked goods if they produce
them. Nurseries may sell beddings plants and houseplants if they
grow them. Other agricultural items that may be processed by
commercial enterprises (wineries, flour mills, coffee roasters, peanut
roasters, etc.) may be sold at the market only after approval by the
Board of Directors.
13. Wildflowers or native plants sold at the market must not be on the
state’s list of rare wild plants, which is published by the Division of
Natural Heritage. No plants may be sold that were removed from
public lands. ALL PLANTS AND FLOWERS FOR SALE MUST BE GROWN BY
THE VENDOR.
14. All displays, including umbrellas and canopies, must be securely
anchored, must not extend beyond the limits of the assigned space and
may not be attached to the market tents. It is required that all
vendors use safe displays and be aware of tripping hazards.
15. Vendors are discouraged from bringing pets.
16. Public restrooms are available. Water is available.
17. The market manager will have the full power to enforce all rules on
the day of the market. For that day, the manager’s decision is
final. APPEALS may be brought before the Board of
Directors. All COMPLAINTS concerning other vendors must be given
to the market manager in written form – signed and dated. Failure
to comply with any of these rules can result in the forfeiture of the
right to do business of any kind in the market for a length of time
determined by the Board of Directors.
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