STATEMENT OF INTENT
Philosophy-Nature of the Market: The Windsor Certified Farmers Market (ďWCFMĒ) is a diversified Market offering quality agricultural (both certified and non-certified) and non-agricultural goods for sale.
The WCFM is a Certified Farmers Market and is operated in accordance with regulations established in the California Code of Regulations, Title 3, and section 1392 et seq. on Direct Marketing. See also Cal. Food & Ag. Code Section 47000 et seq. and http://www.cdfa.ca.gov/is/i_&_c/cfm.html.
The Market is certified by the County Agricultural Commissioner as a direct marketing outlet for producers of certified and non-certified agricultural products. These producers may sell their agricultural products directly to consumers without meeting the usual size, standard pack, and container requirements for such products except in the case of eggs and pre-packaged items. However, all produce must meet minimum quality standards.
The non-agricultural goods add variety and enhance the festive ambiance of the Market. The same producer-to-consumer philosophy applies for all items sold at the Market, including non-agricultural items.
The resale of all products is prohibited except as provided in the Rules Section III-4, "Rules and Regulations for Non-Profit Organizations and Community Information Groups."
Management: The Windsor Certified Farmers Market is managed, operated and controlled by the Windsor Certified Market Association, Inc. (ďWCFMĒ) and is operated under the authority of an ordinance adopted by the Town of Windsor. The Windsor Certified Farmers Market Board of Directors (ďWCFM Governing BoardĒ), its Executive Director, market managers, and all other designated agents shall implement and enforce all rules and regulations pertaining to the operation of the Association and the Market in a fair and equitable manner. Any approved seller or applicant aggrieved by the action of the Market Manager or other WCFM agent can appeal to the WCFM Governing Board whose decision shall be final.
Current Stall Fee Structure: Stall fees at the Windsor Certified Farmers Market are calculated as a percent of the sellerís gross sales for that market day.
II. RULES FOR APPROVED SELLERS
In order to ensure the successful maintenance of the Market as an efficient and effective outlet for producers to sell their products directly to consumers, the Windsor Certified Farmers Market Association has established the following rules for approved sellers:
SECTION A: ADMISSION OF AN APPROVED SELLER
To become an approved seller at the Market, a prospective seller must complete an application-to-sell. All items intended for sale shall be listed on the application and only those items approved for sale will be allowed. The application must be approved prior to the seller exercising the privilege of selling at the Market. A completed application packet includes:
The completed application-to-sell; and
Copies of all appropriate certificates and permits.
Only approved sellers shall be admitted to sell at the Market.
Admission to the market as an approved seller shall be subject to consideration of an approved sellerís history of compliance with state, local government and market rules.
Stall space allocation shall be based on consideration of the following factors as determined by the market manager: Number of years of selling at the market; consumer demand; record of attendance; market commodity mix, compliance with the WCFM Rules and Regulations and local production (Sonoma and adjacent counties).
Second Certificate sellers shall be allocated stall spaces only after primary certificate sellers are accommodated and only on a case-by-case basis at the discretion of the Market Manager.
The WCFM Market Manager shall set the number of approved seller stall spaces for each category of products. The type of product may condition admission of an approved seller.
SECTION B: ADMISSION OF PRODUCT
Admission of a product shall be based on market commodity mix and consumer demand as determined by the market manager.
Admission of product will be based on the producerís history of selling such product.
Admission of product will be based on the present competitive availability (number of sellers) of the producerís product. If practical, monopolies and surfeits (gluts) should be avoided.
SECTION C: GENERAL RULES FOR ALL SELLERS
Only approved sellers as defined in each category (as defined in sections E, F and G of these Rules) may sell at the Market. A family member or employee may sell for an approved Seller. Seller employers or employees may be required to show the Market Manager proof of employee status (current W-4 form and/or payroll check stub) upon request. Employees may not receive commissions.
All sellers must complete and submit the WCFM Application each year, indicating their products to sell at the Market.
Sellers must grant permission to the Market Manager or other WCFM representatives to enter the sellerís premises for the reasonable inspection of: land, facilities, proof of ownership, partnership agreement, land lease and other applicable agreements in order to determine whether the seller is in compliance with the certificate, license, or permit conditions.
No peddlers or vendors will be permitted at the Market. Further, resale of products at the Market is prohibited except as provided in Section E of the Rules. Resale is permitted by non-profit organizations, including the Market Association, so long as the resale of items is related to or in support of their organization for fundraising purposes. All resale items sold by the non-profit organizations at the Market must be approved by the Market Manager prior to sale.
Sellers shall only display or advertise items that have been approved for sale. All products offered for sale in a gift box or other container must be WCFM approved items and be of the sellerís own production. Sellers may promote their farm-related activities at their stalls at the discretion and approval of the Manager.
All scales must bear current seal from the County Sealer of Weights and Measures (e.g. sellers from Sonoma County can obtain a scale permit from the Sonoma County Weights and Measures.)
Pre-packaged items sold by weight must be labeled with the net weight, name, and address of the seller.
Sellers must post prices. Collusion among sellers to raise prices or any attempt to influence a seller to increase/decrease prices is strictly prohibited.
Sellers must display a sign (at least 12Ē X 24Ē) bearing the producerís business/farm name, and county of origin. The letters on the sign must be a minimum of 2 inches in height.
All required permits and licenses shall be displayed prominently during selling hours. This includes, but is not limited to, the Certified Producers Certificate (state law), Nursery Stock License and Nursery Sellerís Permit (state law), County Health Permit, and Aquaculture License, State Board of Equalization Sellerís Permit (state law). Failure to post permits and licenses may result in fines levied per occurrence.
All sellers must comply with Health and Safety Code section 114350(b) as it may be amended from time to time, or any other law regulating food sampling at a certified farmerís market, and the guidelines listed below. Failure to do so may result in fines levied per occurrence. Any fines levied on the Market by the County Environmental Health Department for incorrect sampling procedures shall be assessed to the vendor responsible for the non-compliance.
All foods shall be stored at least six inches off the floor or ground or under any other conditions that are approved.
Distribution of food samples is allowed provided that the following sanitary conditions exist:
Samples shall be personally distributed only by the seller to the customer on a one-to-one basis. Customers are not to serve themselves. Any samples observed to be in violation will be removed and discarded. Samples shall be distributed by the producer in a sanitary manner.
Samples shall be kept in approved, clean, covered containers.
Clean, disposable plastic gloves shall be used when cutting samples.
Food intended for sampling shall be washed, or cleaned in potable water in order that it is wholesome and safe for consumption.
Potable water shall be available for hand washing and sanitizing as approved by the local enforcement agency.
Potentially hazardous food samples shall be maintained at or below 45 degrees Fahrenheit. All other food samples shall be disposed of within two hours after cutting.
Utensil and hand washing water shall be disposed of in a facility connected to the public sewer system or in a manner approved by the local enforcement agency.
Sellers of salad mix shall post a notice indicating that the mix is field harvested and should be rinsed before serving. If the salad mix has been washed in a certified kitchen in accordance with Health Department regulations, such notice is not needed.
The WCFM Governing Board sets stall fees. All sellers must pay stall fees according to the current fee schedule set by the WCFM governing Board. Stall fees are collected by the Market Manager at the end of each Market Day. Sellers must comply with stall fee payment procedures. Failure to do so may result in fines levied per occurrence.
Sellers in all categories shall complete a load list on each Market day and submit it to the Market Manager before departing from the Market.
Stall space assignments:
Sellers must accept the stall space assigned by the Market Manager.
Whenever a seller does not adhere to Market arrival and departure times or fails to notify the Manager of his/her intention to sell at the Market on a specific day, the Manager may revoke the sellerís stall space reservation for two weeks. Market arrival times are thirty minutes before the start of a Market. Departure times are no earlier than the closing time of the Market and no later than one hour after the Market closes.
Sellers must maintain their stall spaces in a clean and sanitary condition. Each seller shall remove containers, waste, and trimmings before leaving the Market. Sellers shall not use the City trash bins. Refuse collected must be disposed off-site by sellers. Sellers must provide their own tables.
Standards of Conduct: Sellers that do not comply with these standards of conduct may be subject to discipline as set forth in Section D of these rules.
Sellers shall be honest and shall conduct themselves at all times in a courteous and business-like manner. Rude, abusive, or other disruptive or offensive conduct is not permitted.
Conduct by sellers that is materially and seriously prejudicial to the reputation or operation of the Market is not permitted.
Sellers experiencing any difficulty with customers or other sellers in this regard should refer the matter promptly to WCFM management.
No radios or boom boxes may be played during market hours. No loud hawking, shouting or barking to promote products is allowed.
All product promotion must occur within the space assigned to the producer and not in any common area.
Sellerís pets are not allowed in the Market per the CA State Health and Safety Code; this includes no pets in sellerís vehicles.
Sellers are responsible for the actions of their representatives, employees, or agents.
All sellers must comply with all applicable Federal, State and local laws, ordinances and regulations.
All sellers must submit in writing any complaints/grievances that they wish the Governing Board to address.
SECTION D: DISCIPLINE OR REMOVAL OF AN APPROVED SELLER; APPEALS
A seller may be removed or suspended from any market or have selling privileges in the market conditioned, modified, limited or terminated by the WCFM Governing Board.
Sellers who are in violation of any state, local or WCFM rules and regulations, or who are aggrieved by a WCFM Governing Board decision, will be subject to the following procedures.
Whenever the Market Manager or WCFM Governing Board believes a seller has violated the conditions of the permit to sell or any of the rules or regulations of the Market, the Market Manager may issue a verbal or written warning or may issue a notice of proposed suspension.
Any verbal warning or informal writing warning shall be followed by written notice of proposed suspension documenting such warning. Such written notice of proposed suspension or modification of selling privileges shall be mailed or personally delivered to the seller within seven (7) days of such verbal warning. The notice shall state the time and place of the Governing Board hearing on the proposed suspension or other action. Such hearing shall be held no later than thirty (30) days after mailing or personal service of the written notice of proposed suspension. The Market Manager shall inform the seller of the reasons for the warning or notice.
If the Market Manager issues a notice of proposed suspension, the seller may appear at a hearing before the WCFM Governing Board at the time and place in the notice. The seller shall be entitled to present written evidence and written argument to the WCFM Governing Board before the hearing and shall be entitled to present written and oral evidence at the hearing. The seller may, at his or her sole expense, be represented by legal counsel at the hearing or in written communication to the WCFM Governing Board. The WCFM Governing Board does not transcribe its proceedings. If a seller wishes to obtain a verbatim record, the qualified seller shall arrange for attendance by a court reporter or for some other acceptable means of recordation. Such arrangements shall be at the qualified sellerís sole expense. If the seller challenges in court the action taken by the WCFM Governing Board, the challenge shall be limited to raising only those issues raised at the hearing or in written correspondence delivered to the WCFM Governing Board at or prior to the hearing.
The WCFM Governing Board shall, at the time and place set forth in the notice, hold a hearing on the proposed suspension. At the hearing, the seller shall be entitled to present written or oral evidence and argument as to why the permit should not be suspended. The Board shall also consider the testimony of the Market Manager or his/her designee. The WCFM Governing Board may, in its discretion, continue the hearing once to a future date.
If the WCFM Governing Board, after a hearing, determines that the seller has violated the permit conditions or the Market rules and regulations, it may suspend the sellerís permit for a maximum of 90 days.
The WCFM Governing Board may suspend, for any period deemed appropriate, or may revoke, the permit of any seller whose permit has been previously suspended. The WCFM Governing Board may also refer he matter to a governmental agency with jurisdiction over the subject at issue. The WCFM Governing Board shall promptly notify the seller in writing of its decision and the findings of fact supporting the decision. Any seller whose permit has been suspended previously must reapply to be a seller at the WCFM when requested to return to selling. Admission is not guaranteed.
A seller whose permit has been suspended, or a seller or applicant aggrieved by a decision of the WCFM Governing Board, may file a written request with the Market Manager requesting reconsideration of a determination made by the WCFM Governing Board. The person requesting reconsideration shall file the written request within ten (10) days of the adoption of the WCFM Governing Board determination. If no person files a timely request, the WCFM Governing Board shall not take any action pursuant to this action pursuant to this section and the WCFM Governing Boardís decision shall be considered final. If a timely request for reconsideration has bee filed, at the next available meeting the WCFM Governing Board shall consider the request for reconsideration and shall receive any oral or written testimony. The WCFM Governing Boardís decision shall be final.
Whenever the Market Manager determines that an immediate suspension of a sellerís privilege in the Market is necessary to preserve the health, safety or welfare of the Market customers, other market sellers, market staff, or the public, the Market Manager may suspend a sellerís permit to sell. Such suspension shall be effective immediately. The Market Manager shall provide the seller with a notice of suspension stating the date, time and place of the WCFM Governing Boardís hearing on the suspension. Thereafter, the hearing procedures detailed above shall be followed.
Whenever a seller has had their state or county permit to sell at a Certified Farmers Market revoked, that seller must re-apply to sell at the Windsor Certified Farmers Market, and may not be guaranteed admission to sell.
SECTION E: RULES AND REGULATIONS FOR SELLERS OF CERTIFIABLE AGRICULTURAL PRODUCTS
Fresh Fruits and Vegetables, Nuts in the shell, Shelled Eggs, Honey, Cut Flowers, Nursery Stock
Sellers in this category are those who have grown or produced the products they sell on a facility, which the seller controls.
All certified agricultural products must be sold in accordance with State Direct Marketing Regulations for Certified Producers (Cal. Code of Regs. Tit. 3, ß 1392.)
All sellers of certified agricultural products must obtain a Certified Producerís Certificate issued by the Agricultural Commissioner from the county in which the produce is grown. All products for sale must be listed on the certificate and an embossed photocopy certificate shall accompany the certified agricultural products during transportation and be posted at the Market. All certificates shall be displayed in full view of customers during each Market.
Second Certificates: A certified producer may sell for another certified producer provided that the seller is also selling his/her own product, he/she displays both growers certificates, and he/she notifies Market staff that he/she is selling for another producer. In addition, each certified producer selling at the Market through another producer must:
Have an approved application-to-sell on file with the Market Manager;
Have been granted permission to sell the second certificate products by the Market Manager;
Have a separate display of product, not to be mixed in any way with the primary producerís product as in bouquets, dried fruits and salad mixes or gift baskets. At least 50% (based on fair Market value) of each primary certificate holderís produce for sale must be of his/her own production.
Growing Practices: Signs and labels must clearly identify the products on a vendorís table that are certified organic. Use of any other terms must not be misleading. Farming practices must be fully and truthfully disclosed when customers inquire. Failure to do so will result in disciplinary action, including possible revocation of selling privileges. All hydroponics or greenhouse-grown produce must be so labeled.
SECTION F: RULES AND REGULATIONS FOR SELLERS OF NON-CERTIFIABLE AGRICULTURAL PRODUCTS
Live Animals, Livestock, Fish, Aquaculture, Wine, Worms, Dried Fruits and Vegetables, Processed Nuts, Juices, Pickled Fruits & Vegetables, Jams.
Sellers in this category are those who have grown, bred, raised, or cultivated, the products in fresh or processed form. These sellers may have their products dried, ground, roasted, juiced, smoked, or otherwise altered in one stage process by a second party. All sellers of non-certifiable agricultural products must obtain a certified producerís certificate for the fresh product from which the processed product was derived. The Certified Producerís Certificate must have been issued by the Agricultural Commissioner's Office in the county where the fresh product was grown or produced. These fresh products must be listed on the certificate and an embossed photocopy certificate shall accompany the processed non-certifiable agricultural products during transportation and shall be posted at the Market. All certificates must be displayed in full view of customers during each market.
Only those processed agricultural products for which a producer can verify as his or her own product will be allowed for sale at the Market. Dry yard and/or processing plant receipts may be requested for verification of producer-ship.
All sellers must obtain and display all necessary permits, including health permits and any other applicable permits.
SECTION G: RULES AND REGULATIONS FOR SELLERS OF NON-AGRICULTURAL PRODUCTS (PREPARED FOODS AND CRAFTS)
Rules and Regulations for Sellers of Processed/Prepared Foods
Sellers in this category are those who have cooked, canned, baked, preserved, or otherwise treated the product they sell. Sellers shall prepare the finished product.
All sellers must obtain and display all applicable permits, including a permit from the health department of the county from which the products originate.
All processed/prepared foods/food vendors must provide the market with proof of product liability insurance naming the Market as an additional insured.
All products within this category shall bear labels including: the name of the product, ingredients, weight, the qualified sellerís name, and address. (See California Uniform Retail Food Facilities Law, Articles 6 and 15, Health and Safety Code, sections 2759 et seq., and 2783 et seq., respectively.)
Low acid canned foods are prohibited from the Market (including, but not limited to, vegetables, meats, low acid olives).
Packaging and containers for processed and prepared foods are encouraged to be recyclable.
Rules and Regulations for Thursday night Food Vendors
Packaging and containers for prepared foods are encouraged to be recyclable.
Priority will be given to Downtown Windsor Restaurants and space allocation is on an annual at-will admission by the WCFM.
Vendors must complete a Food Vendor Application and comply with additional requirements (Health Department and Fire Department) as well as all WCFM Rules and Regulations as outlined.
Rules and Regulations for Sellers of Crafts
Sellers in this category are those who have created, sewn, constructed, or otherwise fashioned from component materials the item(s) they sell. The component materials must be sufficiently modified from their original state to demonstrate fine craftsmanship.
Crafts must be thematic with the farmers market. Crafts must reflect images of agriculture, agrarian lifestyle, or the Market in general.
All craft applications shall be reviewed by a craft review committee, which will be appointed by the WCFM Governing Board. The crafts review committee shall meet three times a year, or as needed.
Each craft application must include a photocopy of appropriate permits, i.e. sellerís permit from the State Board of Equalization and Business License if applicable.
A representative sample and photos/slides of each craft item to be sold at the Market must be submitted at the time of review. Only those items approved at the review may be sold at the Market.
A rotating stall space assignment schedule could be applied to all craft sellers. The sale of crafts must take place in the designated area of the market or as assigned by the Market Manager.
RULES AND REGULATIONS FOR NON-PROFIT ORGANIZATIONS AND COMMUNITY INFORMATION GROUPS
Non-profit organizations and community information groups (organizations) shall be allowed at the Market whenever space is available, and must be approved by the Board of Directors of the Windsor Certified Farmers Market. All organizations must set up in the space assigned by the Market Manager.
An organizationís request for a space must be made to the Market Manager prior to the Market Day. Designated spaces for organizations shall be made available on a first-come, first-served basis.
An applicant must provide the Market Manager with satisfactory proof of the organizationís non-profit status and of his/her position as a representative of the organization.
Only non-profit and community information organizations may engage in the resale of items related to or in support of their organizations for fundraising purposes. All resale items must be pre-approved by the Market Manager and may not compete with the sales of the WCFM sellers.
Organization representatives shall not interfere with Market operations by aggressively soliciting signatures, donations, or attention. Such activities shall not block sidewalks or access to assigned stall spaces.
The Market retains the right to regulate the time, place, and manner of activities relating to displays, signs, posters, placards, and other expressions of the interests represented. The use of fighting words, obscenities, grisly or gruesome displays, or highly inflammatory slogans likely to provoke a disturbance is prohibited and will be enforced by the Market Manager.
Each organization must prominently display its name, and must comply with all applicable Market Rules.
These rules adopted by Windsor Certified Farmers Market Ė January 2010