RULES + REGULATIONS

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2008 Rules + Regulations (MS Word)
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January 2008

Market Mission:

• To provide city residents with access to fresh, locally produced foods and to connect local, sustainable farms to an active urban market.
• To raise awareness around food production and distribution and to assist in building a sustainable ‘foodshed’ for the South Wedge and surrounding neighborhoods.
• To enhance the economic viability of the South Wedge and surrounding neighborhoods through an increase in the activity and excitement associated with the neighborhood and an increase in the pedestrian traffic in the area.
• To support local economies through an increase in local purchasing and by enhancing the systems and excitement associated with integrated, local, living economies.
• To build community by bringing people together in an on-going, open and engaging atmosphere, and to support the dialog, relationships, and engagement necessary to the social capital that is foundational to sustained community renewal
• To directly and indirectly promote health and healthy choices for residents through quality options in food and the associated food system’s environmental impact.

Governing Body:

• The South Wedge Farmers’ Market (SWFM) has fiduciary oversight by the South Wedge Planning Committee, a neighborhood based 501c3 (possibly shifting to the fiduciary oversight of Cornell Cooperative Extension).
• The SWFM is to be directed by the SWFM Market Managers in partnership with an established Advisory Committee. This leadership group will work as a whole to provide vision and guidance, and within five sub-committees to support Market Management in implementing the vision and managing the operation: the Agriculture Committee, Marketing Committee, Education Committee, Logistics and Special Events Committee, and Fundraising Committee.
• Day-to-day responsibilities for SWFM operations and functions will be carried out by Market Manager(s) and members of the volunteer-based committees.
• The SWFM Advisory Committee will meet on an as-needed basis, to be determined by the Advisory Committee

The SWFM Advisory Committee will:

• Establish rules and regulations, which shall be adopted and amended on an as-needed basis. Only the SWFM Advisory Committee may amend the Rules and Regulations
• Establish requirements for vendor/seller participation in the SWFM
• Establish the annual vendor/seller fees and other fees associated with running the market
• Determine the times and dates of the SWFM
• Work with Market Manager(s) to oversee the overarching mission and operation, and to address specific needs and issues associated with the market.

The Market Manager(s):

• The Market Managers for the 2008 season shall be Vicki Hartman and Chris Hartman; swfarmersmarket@gmail.com; (585) 546-7507
• Shall represent the management of the SWFM during market days.
• Are responsible for the orderly and efficient conduct of the SWFM, implementing the Rules and Regulations and overseeing all activities, operations, and general communications.

SWFM Agriculture Committee:

The mission of the Agriculture Committee is to maintain standards of agricultural excellence and integrity. The following prerequisites attempt to establish guidelines for the SWFM’s agricultural aspects, and the steps to ensure compliance.

Agriculture Committee Members:

• Robert Haddad Cornell Cooperative Extension Vegetable Specialist
• Kate Mendenhall NOFA-NY Project Coordinator
• Christopher Hartman SWFM Manager
• Julie White SWFM Advosory Committee Member
• Mark House Farmer, East Hill Organics
• Brian Beh Farmer, Raindance Harvest
• Fred Forsburg Farmer, Honeyhill Organic Farm
• Brad Dingman SWFM Advisory Committee Member
• Todd Lighthouse Grower, Lighthouse Gardens

South Wedge Farmers’ Market Pre-Requisites ( as determined by the Agriculture Committee):

Early Disclosure Rule- Only items listed on your application may be sold at the market. Additional items need to be approved by the Agriculture Committee. Market Management must receive in writing, at least one week before item is brought to market, a list of additional crops a producer is planning to sell if they are significantly different from your usual products.

Grower-Producer-only— All goods to be sold at the SWFM are to be grown, prepared or crafted by the vendor offering the item for sale, or an employee of that respective business/operation. The SWFM is a strict producer-only market; no re-sellers are to be allowed at the SWFM.* Vendors also may NOT sell items grown at locations other than their own farm/orchard: you may not sell produce from another grower at your booth.

*Exceptions to the Producer -only Rule: – Re-selling may be permitted by SWFM Management if and only if there is no competition amongst similar goods already being sold at the SWFM by a pre-existing vendor. Re-sold goods are to be permitted only if the good’s original producer’s farm/orchard operation meets all SWFM pre-requisites. In the case of re-sales at the SWFM, all resold goods MUST be visibly labeled as such, including the name of the farm they originated and the location of that farm. The purpose of allowing said products is to create product diversity at the SWFM, and to further support the work of small producers.

100-Miles Rule— All vendors allowed to sell at market shall come from no further than 100-miles of the City limits of Rochester, NY.

Earth, Animal, People-friendly Rule: All vendors at the SWFM will actively promote the practices of sustainable agriculture at a level deemed appropriate to their individual operations. Certified organic, NOFA-Farmers’ Pledge, and uncertified products are welcome. All vendors, including those employing low-spray or Integrated Pest Management (IPM) farming/orchards, or conventional farming practices will be considered based on conversations and site visits by the Agriculture Committee, and at the Market Manager(s)’s discretion. The SWFM is committed to ecologically sound and humane animal husbandry. The market will emphasize, but not limit market options to grass based production and pasture raised meats, but we will require a production operation that meets basic guidelines established and interpreted by the Agriculture Committee. The Agriculture Committee reserves the right to alter these guidelines as needed. Guidelines will work to assure consumers of a level of integrity that they can count on within a range of meats to choose from.

INSPECTION POLICY

The SWFM reserves the right to inspect the farm, growing and storage areas of the grower. We often require one scheduled farm visit for each vendor, and reserve the right for unannounced visits when farm practices are in question. Refusal to permit a farm inspection can result in a suspension from market and/or a termination of vendor privileges.

Inspection criteria will be based on the grower’s market application. Are they growing the crops listed on Application? Are they growing amounts that correspond to what is sold at market?

Donation Clause:

The SWFM encourages any vendors to donate a percentage of their unsold produce (produce only please–no meats or dairy should be redistributed). The Market Manager will attempt to redistribute this unsold produce to families who are less fortunate through either shelters, neighborhood distribution centers, or selected not-for-profits. This is a goodwill-only clause, no vendors will be persuaded to comply with the Donation Clause, but your generosity is appreciated when possible.

Fair, Price Parity Clause:

The SWFM encourages all vendors to charge a price for their products that are fair to the producer, their fellow producers, employees and equally importantly to their customers. Such pricing should include both the current costs of production, and a fair profit for the producer. The SWFM appreciates your goodwill in creating an atmosphere that is mutually beneficial to all participants. Price fixing or gouging is not allowed.

Who May Sell at the South Wedge Farmers’ Market:

In addition to the Pre-requisites listed above:

All vendors must be approved by the SWFM Market Manager

The SWFM maintains a minimum 70/30 grower/food-preparer-to-crafter ratio. The Market Manager reserves the right to deny or grant access to vend at the SWFM based on this ratio. Only juried crafts and health and beauty products will be allowed.
To have your product juried, please contact the Market Manager

Only vendors who have paid their application fees before their start of sale date will be allowed to sell at the SWFM

Not-for-Profit / Community Groups/ Local For-Profits:

Not-for-Profit groups, Community Organizations and Local Businesses are permitted booth space to promote their respective organizations and/or events. Normally, each organization may have the space for one week per market season. Please contact management for more information.

The Market Manager and the SWFM Advisory Committee reserve the right to determine which groups are deemed appropriate to the general environment of the market and surrounding neighborhood

A fee of $5.00 per day for Non-Profits, and $20.00 per day for For-Profits, is to be collected by the Market Manager.

Displays are not to exceed the space limitations of other vendors at the market.

Availability of space at the SWFM is determined by the Market Manager in light of demand for vendors and limitations on location size.

What May be Sold at the South Wedge Farmers’ Market:

• All applicable federal and NYS regulations must be adhered to when selling at the SWFM. For a list of these required certificates/permits/licenses, please consult with the Farmers Market Federation of New York State, or consult with the SWFM Market Manager.
• All items to be sold at market must meet with the requirements of the Monroe County Health Department and the NYS Department of Agriculture and Markets.
• For vendors selling taxable items, a valid NYS Certificate of Authority must be displayed in view of the customer and on file with the Market Manager.
• For vendors selling product by weight, only scales approved by the County Dept. of Weights and Measures are allowed.
• All pre-packaged items must by labeled in accordance to NYS label requirements—this includes baked goods, teas and health and beauty products.
• Organic Products advertised as such are not allowed unless they have been certified by a recognized third-party certifier; this certification document must be clearly on display for the customer within the vendor’s allotted booth space.
• Products that are allowed at the SWFM are indicated in boldfaced type. Specifications beyond those required by the State of New York are listed according to each product.

Vegetables, Herbs & Fruits: Produce offered for sale must be grown, harvested and cared for post-harvest so as to ensure the freshest and safest
product possible.

Cider & Fruit Juices: these juices may be sold only by the growers of those fruits, or the employees associated with the respective farm/orchard business. Juices may be pressed off-farm, but must consist only of fruits grown on-farm.

Eggs: must be from your own, tended chickens

Honey and Honey Products: must be from your own hives.

Maple and Maple Syrup Products: must be from sap from trees on your own land, or trees under your own control.

Cheese and other Dairy Products: must come from animals in your own herds. These products must be stored and sold according to NYS regulations (see meats and poultry for addition guidelines regarding livestock).

Meats and Poultry: Must have proper NYS certification/inspection. Additionally, the SWFM is committed to ecologically sound and humane animal husbandry. The market will emphasize, but not limit market options to grass based production and pasture raised meats, but we will require a production operation that meets basic guidelines established, interpreted, and changed by the Agriculture Committee. Such guidelines will work to assure consumers of a level of integrity that they can count on within a range of meats to choose from. These guidelines include: animals must have spent a majority of their life on your farm, they must have an appropriate quality of life, and farms may not use growth hormones or feeds with antibiotics.

Dried Fruit: only product grown by the vendor may be sold; product may be dried off-farm.

Crafts: the juried crafts allowed to be sold should reflect the quality and character of the SWFM, which is to be determined by the Market Manager.

Transplants (vegetable, herb and flower): must be grown by the vendor; must come from a certified and inspected greenhouse.

Flowers (cut): must be grown and/or arranged by the vendor.

Baked Goods: baked goods must be handmade from scratch by the vendor; baked goods must be wrapped or covered; baked goods requiring refrigeration will not be allowed; baked goods must come from a certified kitchen; baked goods must have all ingredients listed clearly for the customer and in accordance to NYS labeling requirements; baked goods must contain no artificial ingredients.

Other Products: These include: preserves/jams, herb vinegars, teas, chutneys, grains and health and beauty products such as soaps and salves. These products must include vegetables, fruits, flowers or herbs grown by the seller. For grains, the grains must be grown entirely by the vendor; grain may be milled off-farm. Health and Beauty products must list all ingredients clearly for the customer and according to NYS labeling requirements if packaged.

Those products not listed in these rules and regulation must be approved by and are to be accepted at the discretion of the Market Manager and the SWFM Advisory Committee.

Guidelines for Selling at the South Wedge Farmers’ Market:

No form of discrimination is allowed.

All vendors, without exception, must provide proof of general liability insurance; property owner of the SWFM grounds, property owner of the SWFM grounds, Lyjha Wilton, must also be listed on each vendor’s insurance policy, as an additional insurer – On your proof of insurance paperwork, this should read:

Lyjha Wilton C/O Boulder Coffee Co. / 100 Alexander St. / Rochester NY 14610

Documentation of such must be provided to the Market Manager before the vendor’s first day of sale at the SWFM—without proper documentation, the Market Manager reserves the right to refuse set-up to said vendor

• All vendors must have a sign clearly displaying their operation’s name and location
• Each seller will be responsible for all equipment and supplies deemed necessary for their displays
• All displays shall be arranged in a manner that neither obstructs pedestrian, customer or traffic flow, nor poses any other hazards to customers; vendors may be asked by the Marker Manager to alleviate any said obstructions or hazards
• All pop-up tents or canopies used by vendors must, by City of Rochester Code, be properly secured in place in case of inclement weather and high winds. NOTE: no staking of tents, or roping of tents is allowed at the SWFM due to City of Rochester Code.
• Vendors are expected to maintain displays that are neat, clean and free of debris
• Sellers are expected to treat customers, the Market Manager and the SWFM Advisory Committee in a courteous manner
• No hawking or amplified music is permitted within the market
• All produce displayed for consumption must be kept 12” off the ground, or protected from contact with the ground
• No dogs, cats, pets or farm animals are allowed at the SWFM
• All products offered for sale must be of good quality and condition; the Market Manager reserves the right to direct that inferior products be removed from the vendor’s display; failure to remove said product from display may result in an incident report to the SWFM Advisory Committee, and may result in the vendor’s loss of access to sale at the SWFM

Set-Up, Arrival and Break Down:

• No vendor shall arrive earlier than one hour to the opening of the SWFM. The 2008 SWFM shall open at 4:00 pm, set-up may commence no earlier than 3:00 pm
• All vendors must have their booths dismantled, their stall space cleared and cleaned of all debris within one hour of the close of market
• All vendors must dispose of their own trash; use of on-site dumpsters by vendors wishing to dispose of unsold product is strictly prohibited. The SWFM and Boulder Coffee Co. will provide no receptacle for said waste. NOTE: City of Rochester Code strictly forbids the use of any disposal of waste produce by market vendors in order to discourage vermin problems.

Fees:

• An annual stall fees are to be paid to the Market Manager/SWFM Sponsor by the vendor’s first day of sale; the 2008 regular season (June 12-October ) stall fee will be $300.00; The Early Season (May 1 – June 5) $50, Late Season (October - November 25) $50. All three seasons together $325.00
• The annual vendor fee will be determined annually by the SWFM Advisory Committee
• Fees for not-for-profit and/or community groups will be $5.00 per week, fees for for-profit businesses will be $20 per week.
• Fees collected will be used for general operating expenses, as well as advertising and promotion for the market.
• No sharing of booth space by any vendors is allowed, unless confirmed by Market Management

Grievance Procedure:

• All complaints must be addressed in writing to the Market Manager and the SWFM Advisory Committee
• The vendor shall be guaranteed a response to their complaint—but not necessarily resolution of their issue—within two weeks of the submitted grievance
• Resolution of a vendor’s grievance will be determined within a time frame deemed appropriate by the SWFM Advisory Committee
• The Market Manager will notify vendors in writing of any rule violations and notify the SWFM Advisory Committee of said violations; The SWFM Advisory Committee will review these violations and determine consequences appropriate to the recorded offenses; consequences may include warnings, fines/fees or termination of rights to sell at the SWFM
• Fines levied against a vendor may not exceed $50.00
• Fines levied against a vendor may be appealed to the SWFM Advisory Committee
• Fines levied against a vendor must be paid in full before the vendor’s next market day; Market Manager reserves the right to refuse set-up to said vendor
• Vendor grievances may also be made by appearing at the next meeting of the SWFM Advisory Committee.
• Emergency Procedure:
• In the event of an emergency/accident taking place at the SWFM, a designated response team will address the situation and take steps to assert authority in order to reduce response time and to reduce liability of the SWFM.
• The emergency response team will be comprised of the current SWFM Manager(s): Vicki Hartman and Chris Hartman. In addition to reserving the sole right to close the SWFM due to severe weather warnings, the SWFM Manager(s) will determine whether an emergency/accident warrants closing of the SWFM, or will assure that normal market operation resume in a timely and safe manner. Examples of Emergencies/Risks follow, but are not limited to: fire, severe weather, medical emergency, criminal behavior, civil disturbances, automobile/pedestrian accidents, slip-and-fall, bomb threats.

Emergency Protocol:

The SWFM Manager(s) will follow the following protocol in the event that an emergency situation is realized:

1. Assess and document the situation in writing and in photos (if possible). This should include— a) WHO was involved and WHO witnessed incident, b) were there any injuries, c) was care provided on-scene? d) was there any damage to the facility/grounds? (describe), e) WHERE did incident occur specifically f) WHEN exactly did the incident occur?, g) HOW did the incident occur (describe based on facts and observations)
2. If appropriate, contact pertinent emergency response personnel
3. Secure the scene until the proper emergency response officials arrive
4. Make decision whether to continue market in light of situation
5. Fully document all facts, actions/events

Identifies a crisis team i.e. who will identify risks and define procedures (i.e. the BOD)Identifies a crisis team i.e. who will identify risks and define procedures (i.e. the BOD)