Rules and Regulations – 2017
Section I: PROCEDURE TO BECOME AN APPROVED SELLER
A) Submit a WEFM Application to Sell and have approval from the Market Manager to sell. Application is not considered complete and will not be approved without required forms and application fee.
B) Obtain all necessary certificates/permits/licenses/registrations.
(See Section II below for specific requirements.)
C) Provide copies of all relevant certificates to the Market Manager.
D) Read and agree to abide by these Rules and Regulations as well as those applicable regulations of the City of Santa Rosa, the County of Sonoma, and the State of California.
Section II: CERTIFICATES/PERMITS/LICENSES
A) All vendors must provide a copy of a Certificate of Insurance with “West End Farmers Market” named as an insured entity.
B) Farmers must obtain a Certified Producers Certificate from the Agricultural Commissioner’s office in the county of production naming Sonoma County as a point of sale.
C) Organic Farmers must obtain an Organic Registration Certificate from the County Agricultural Commissioner’s office in the county of production. Organic Farmers who sell more than $5,000 annually must also provide evidence of Organic Certification by a registered, qualified third party certifying agent.
D) Nursery License must be obtained from the County Agricultural Commissioner’s office in order to sell nursery stock.
E) Scales must bear a current seal from the Department of Weights and Measures.
F) Second Certificates are required when you are selling for another grower. You may sell for a total of two (2) other certified growers within one calendar year. In order to sell for other growers you must:
1. Have written permission from the grower(s), which must be submitted to the Agricultural Commissioner’s office. The second certificate grower(s) must be named on your certificate
2. Have prior permission from the Market Manager.
3. Separate the second certificate products on your table and identify them with a certified producer’s certificate.
G) Egg Handlers Permit is required for egg sales.
H) Health Department Permit is required in order to sell processed food products, including, but not limited to, jams, preserves, breads, prepared foods.
I) A City of Santa Rosa Business Tax Certificate is required for all vendors. Applications are at: http://santarosa.bizlicenseonline.com
City of Santa Rosa Business Tax Section 90 Santa Rosa Avenue, 1st Floor P.O. Box 1673 Santa Rosa, CA 95402 Office: (707) 543-3170 Email: email@example.com
J) A CA Seller’s Permit is required. Applications are available at: http://www.boe.ca.gov/info/small_business.htm
Section III: STALL FEES
$30.00 per market day (single space), $25 for Arts and Crafts
$40.00 per market day (double space)
$45.00 per market day (prepared foods)
Section IV: NON-AGRICULTURAL SELLERS: MEATS, FISH, ARTS & CRAFTS, PROCESSED FOODS, COTTAGE INDUSTRY PRODUCTS
A) The Market Manager may permit the sale of products in this category in a separate section of the market.
B) As a general rule, vendors in this category are not to exceed 50% of the total number of vendors. Exceptions to this percentage may be permitted from time to time at the discretion of the Market Manager.
C) Meats must be sustainably and responsibly produced by the seller. Buying and selling of meat products produced by others (brokering) is not permitted.
D) Fish caught in California is preferred. Farmed fish and endangered species are not permitted for sale.
E) Crafts shall be hand made by the seller and sold at the market either directly by the crafter or by a co-op of artist studios.
F) Processed/prepared foods shall be created and/or manufactured by the seller.
G) Cottage industry products, including those manufactured in another country, shall be made by families or small community based producers.
Section V: MISCELLANEOUS RULES
A) Notice to Manager: Except in cases of emergency, every seller is required to notify the Manager no later than 24 hours before market day if he/she will not be selling. You may be charged for the stall space, at the discretion of the Market Manger, if you fail to notify.
B) Prices: Prices of every item you sell must be visibly displayed. Collusion among sellers to set or raise prices or any attempts to influence a seller to increase prices is prohibited.
C) Certificates, Permits, Licenses must be prominently displayed.
D) Arrival and Departure: Market hours are 9:30 a.m. – 2:00 p.m. Sellers must be in their space no later than 9:00 a.m. Sellers who DO NOT ARRIVE ON TIME may, at the discretion of the Market Manager, lose their stall space for that day. Sellers may not vacate their stall space until 2:00 p.m. Under certain circumstances, with the permission of the Market Manager, sellers may leave the market early. Vendors and their employees are required to park in designated area in parking lot.
E) Product Storage and Labels: Farm products must be stored at least 6 inches off the ground. You may transport and store farm products in used boxes, but any containers that are displayed on your table must bear your own label; all other labels must be obliterated. Eggs must contain a label which specifies your name, address, telephone number, egg handler’s registration number, the harvest, sell by, and julian dates.
F) Load Lists: Certified farmers must provide the Market Manager with weekly load lists. Failure to do so may result in a fine imposed by the Department of Agriculture. If a fine is levied, the vendor’s privilege to sell shall be suspended until the fine is paid in full.
G) Food Sampling Rules: Sellers must abide by the Sonoma County Department of Health regulations including, but not limited to, the following:
Samples shall be personally distributed only by the seller to the customer on a one-to-one basis. Customers are not to serve themselves.
Potable water shall be available for hand washing and sanitizing.
Potentially hazardous food samples shall be maintained at or below 45 degrees.
All food samples shall be disposed of within two hours after cutting.
H) Safety: Public safety is of the greatest importance. Vendor booth spaces must be kept in a safe condition. Umbrellas must be securely fastened. Vehicles must be operated in a safe manner.
I) Out of County Vendors: The Market Manager may suspend sales of products from out of Sonoma County when local crops are available.
J) Insurance: Vendors are NOT insured under the Market liability policy. It is recommended that you carry your own premises liability and auto insurance.
K) Stall Spaces: Sellers must accept the stall space assigned by the Market Manager. There is no provision to appeal to the Board of Directors with respect to stall assignments.
The following priorities will be considered in the Market Manager’s decision:
a) Overall mix of products and aesthetics of the market
b) Separation of certified farmers and non-agricultural products
d) Consideration for new growers.
L) Peddling by Certified Farmers:
Certified farmers are forbidden to sell products which are not of their own production (with the exception of authorized second certificate sales).
If a certified farmer has been served with a notice of violation of the laws regarding peddling by an Agricultural Commissioner in any county, their privilege to sell at the West End Farmers Market will be suspended until such time as a final determination regarding the allegation has been made.
In the event that said farmer is found guilty of peddling, the privilege to sell at the West End Farmers Market will be permanently revoked.
M) Non Profit Groups shall be allowed at the market on a space available basis at the discretion of the Market Manager.
Section VI: MARKET ETIQUETTE
A) All vendors are expected to maintain high standards of honesty and integrity with respect to the representation and sale of their products and to conduct themselves at all times in a professional, courteous, and helpful manner towards customers, other vendors, and the Market Manager.
B) Misrepresentation about your product or discourteous, rude, or disruptive behavior is grounds for suspension from the market.
C) Sellers are responsible for the safety and behavior of their children.
D) Sellers may not smoke tobacco products, drink alcohol, or bring pets to the market.
E) Sellers must maintain their stall spaces in a clean and sanitary condition. Remove trash, garbage, etc. Seller may be charged an extra stall fee for failure to clean their stall.
F) No radios, boom boxes, or loud hawking is permitted.
Section VII: VIOLATIONS
Whenever the Market Manager in good faith believes a vendor has violated the Rules and Regulations of the Market, and/or the Department of Agriculture, the State of California, the Sonoma County Department of Public Health, or the City of Santa Rosa, the following actions may occur:
A) If the public safety appears to be threatened in any way, the Market Manager, in his sole discretion, must immediately suspend the offending vendor and escort them out of the market.
B) For general rule violations the following protocol shall apply:
1) The Manager shall verbally warn the seller that their behavior violates market rules and may result in a suspension of their privilege to sell. The Manager shall follow up the verbal warning with written confirmation of the alleged violation with a copy to the Board of Directors.
2) If violations persist, Manager shall notify the seller in writing that their privilege to sell has been suspended until the next regularly scheduled Board meeting, at which the seller shall be required to attend, wherein the alleged violation will be discussed and evaluated.
3) If the problem is resolved to the satisfaction of all parties, the seller may return to the market. If the problem is not resolved, the Board may suspend or terminate the seller’s privileges to sell for a period of time to be determined by the Board.
4) The seller shall be notified by certified mail within ten (10) days of the Board’s decision.
5) In the event that a suspension or termination of the privilege to sell occurs, the seller has the right to appeal this decision within thirty (30) days from receipt of written notice by sending a notice of appeal to the Board by certified mail.
6) The Board shall notify the seller that a formal hearing shall be conducted at the next regularly scheduled Board meeting.
7) The seller shall be notified by certified mail of the Board’s hearing determination within ten (10) days.
8) The seller has a right to appeal Board decisions to the State of California Department of Agriculture within thirty (30) days.
All Rules will be implemented and enforced in a fair, nondiscriminatory, equitable manner.