Vendors News and Info.

NELSON FARMERS’ MARKET CO-OP

RULES FOR THE 2013 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 2013 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

* Starting in 2014, in order to have a reserved space, a vendor must have had a minimum of 16 days participation at the Market during the previous season. Vendors who meet this criteria will be given first right of refusal for use of the same space. When a space is available, preference will be given to those who attended the most market days the previous season. In the case of a tie, preference will be given to the vendor with the most seniority and total annual sales.  Exceptions to this rule may be made for extenuating circumstances.

Vendors who do not meet the minimum participation days will be assigned spaces at the discretion of the market manager on days they do participate.

* 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.  A maximum of two spaces may be assigned to a single vendor. 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.

* Vendors are allowed a maximum of five additional sellers. At any time during the season, a vendor may add additional people to his list up to that maximum of five.   The names of the additional workers must be placed on the application before they may work in the vendor’s space.  Once during the season a request for additional workers may be submitted in writing to the board of directors explaining the need for additional workers along with the names of the persons they wish to add.  The board of directors will review the request and render a decision.

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 than 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. Failure to secure the canopy makes it susceptible to taking flight and injuring vendors or customers and creates a liability issue. If it becomes windy and the canopy is not securely anchored, the vendor will have the option to take the cover off the canopy or leave for the day.  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 use of alcohol and/or drugs is prohibited on the market site.  Anyone found with an open container of alcohol or exhibiting behavior consistent with the use of alcohol or drugs will be issued a written warning, asked to leave that day and suspended from the market for the following week.  The issuance of a third written warning will automatically prohibit the vendor from participation in the market permanently.

18. 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.

“A few things about the exemption from inspection that is sighted below. This exemption will be for people who are preparing from their own homes only and are sold from the individual preparing the product directly to a consumer. Therefore, if your business expands and you ever intend to sell your product through a broker or through a store, this exemption may not be for you. Secondly, you will have to label every food you make with the “NOT FOR RESALE­PROCESSED AND PREPARED WITHOUT STATE INSPECTION” label. I am not sure how consumers will perceive this label – it could be detrimental to your business. Finally, the last requirement (iii) stipulates that if you require a license for production of your product (for example acidified foods – pickles, salsas and other pickled products), you will still need to be inspected because acidified foods has special production guidelines. Basically, the exemption if for low risk products such as some bakery items (cookies, bread, some cakes) and jams/jellies that would not require other licensing.”

Local (Albemarle County) Health Department Regulations (for the FM website)
This info is of particular interest to those who may want to offer prepared food:

Thomas Jefferson Health District

http://www.healthspace.ca/Clients/VDH/TJefferson/TJefferson_Website.nsf