Delmar Farmers Market

2024 Vendor Rules 

The mission of the Delmar Farmers Market is to provide a marketplace that introduces local
farmers and other food producers and food producers to the community and promote
sustainable farming, healthy foods, environmental awareness and support of local and fair-trade
businesses. We strive to bring people together to support and benefit from the efforts of these
business owners. Our vendors are committed to upholding our mission by providing the freshest,
best tasting and healthiest foods, raised carefully on land in and around the community, and
modeling good environmental stewardship practices.

I. Definitions:

  1. Board: the board of directors of the Delmar Farmers Market.
  2. Market: the Delmar Farmers Market.
  3. Vendor: The seller of a product at the market.
  4. Local: Produced within 50 miles of Delmar, or as near as possible when desired local products are not available. Exceptions to this rule can be made only by the board and/or manager.
  5. Manager: The Market Manager, as employed by the board or any person designated by the board to act as manager.

II. Dates, location, times:

  1. The market will open for seasonal operations on Saturdays from 9:00 a.m.  – 1 p.m. on dates and at a location announced by the market.
  2. Vendors must be ready to sell at opening time and through until closing time. Sales are not permitted before opening or after closing without permission of the manager.

III. Market Standards:

  1. Actions by vendors, customers, or others at the market which create unsafe or hazardous conditions are not permitted.
  2. Any behavior, products, or product presentations that detract from the market’s appearance, overall quality, and/or reputation is not permitted.
  3. There shall be no soliciting of any sort except by admitted vendors within their designated spaces.
  4. Visits to the market for political purposes, requests for proposal, and/or request for information are not permitted.
  5. Vendors may not bring animals to the Market without the advance permission of the Manager. A vendor with an animal must take reasonable measures to ensure the animal is comfortable and safe and given enough space to relieve itself away from its eating and resting place. The vendor is responsible for any damage or injuries caused directly or indirectly by the animal.
  6. The market shall not be responsible for storage or safekeeping of any property left behind by a vendor at any time.
  7. All those working for a vendor at the market must be trained by the vendor on all rules of the Delmar Farmers Market.
  8. Space may be made available free of charge or at reduced rates for community organizations and educational activities which relate to the market’s mission, as determined at the discretion of the manager and board. No selling or solicitation for fundraising purposes is allowed at these sites.

IV. Product Standards:

  1. The market is a producer only market. These rules are a foundation of our mission. Vendors violating this rule will be subject to a $50 fee without warning.
  2. Products sold at the market must be made by the vendor or a direct employee of the vendor, except for fair trade items.
  3. Vegetables, grains, fruits, herbs, flowers, and potted plants must come from land owned or leased by the vendor.
  4. Preference may be given to coffee, chocolate and products using sugar if these products are fair trade.
  5. Prepared foods must be made from scratch, not ready-to-make or pre-made. Preference is given to products that contain local and/or organic ingredients.
  6. Temporary exceptions may be made to these rules, with written permission from the manager, if the market lacks a product that is needed, as solely  determined by the vendor review committee.
  7. Products containing artificial growth hormone, GMOs, artificial food colorings, flavors or preservatives or other artificial additives are not allowed in the market.

V. Craft Product Standards:

  1. Crafts sold at the market must be handmade by the vendor or vendor’s direct employee or be fair trade crafts.
  2. Preference is given to craft vendors using local, reused, recycled, and fair-trade materials.
  3. Preference is given to wood products that are made from recycled, reclaimed and non-exotic woods or certified by the Forest Stewardship Council.

VI. Sustainability Standards:

  1. Polystyrene products, single use plastic cups and plates are not permitted. Products made from recycled or biodegradable products may be approved, upon review by the sustainability committee.
  2. Vendors are prohibited from distribution of plastic shopping bags at the market. However, due to the nature of some products, handled plastic bags for fish, meat, and poultry are exempted from this rule. In addition, film plastic bags are permitted for fish, meat, poultry, and greens.
  3. Vendors are encouraged to minimize the use of plastic bags wherever possible.
  4. Paper shopping bags that are made from 100% post-consumer waste are highly encouraged.
  5. Plastic straws are not allowed at the market.

VII. Vendor Applications:

  1. Vendors should submit an on-line application that contains a listing of all products they plan to sell. Products should fit the mission and rules of the market as indicated on the application, the website, and/or these rules.
  2.  Acceptance into the market is made at the discretion of the board and/or manager, pending a review by the board’s vendor review committee. Such acceptance will be based on any of a number of factors including:
    • how the vendor fits with the market’s mission,
    • the mix of products needed at the market,
    • the lack of adulterated and artificial additives in the food products,
    • efforts to reduce the use of plastics and excess packaging,
    • the use of local, recycled, and other low-impact products, and other environmental efforts,
    • the timeliness of the application and fees.
  3. The market may approve or disapprove any application to the market and is not obligated to give written notice or reason for a disapproval.
  4. Requests to sell or distribute additional items, other than those approved on the original application, shall require the approval of the vendor review committee prior to sale or distribution at the market.

VIII. Market Manager

The manager is an employee of the market and oversees the market while it is in operation. The manager assigns space for vendors and reassigns space as needed, resolves disputes, and enforces market rules. The manager makes all other decisions as needed to ensure the efficient running and safety of the market.

IX. Fees, Fines, and Inspections:

  1. Fees are set by the board.
  2. A vendor fee once paid is nonrefundable.
  3. Within 30 days of receiving notice of acceptance into the market, vendors must pay their fees in full. Failure to do so will result in a $25 late fee and possible loss of spot at the market. Exceptions may be requested in writing to the manager. Acceptance may be rescinded at any time if market rules are broken.
  4. References may be required, and farm and food vendors may be subject to inspection as per rules set by the board. Fees for inspections may be required.
  5. Vendors are expected to be at the market for all the days of the market. Vendors are expected to contact the manager at least 24 hours in advance if they cannot attend any day(s). Excessive absences, as determined by the sole discretion of the manager, may lead to loss of designated spot or expulsion from the market without refund.
  6. A $25 late arrival fee will be charged if vendors do not contact the manager and do not show up within the designated 1/2 hour before the start of the market. A first offense will result in a warning, further incidents will be charged a fee. Continued lateness by a vendor may result in expulsion.
  7. Vendors are responsible for maintaining the cleanliness of their designated site:
    • Vendors must supply their own brooms and dustpans and must always keep their designated site clean during market hours and prior to departure.
    • When the market takes place indoors, vendors must mop any spills and make sure the floor is safe to walk on.
    • Vendors are responsible for carrying out any refuse that they have brought in or that is collected at their site.
  8. CSA shares that are approved for pick up at the Delmar Farmers Market are required to be pre-paid, pre-packaged and individually labeled. Any violation of this procedure, including the sale of non-approved items at the market, which may be part of the CSA pick-up, can result in denial of vendor’s privilege for CSA pick-up at the market.
  9. Failure to follow rules may lead to loss of designated sites, financial penalties, and/or temporary or permanent expulsion from the market as solely determined by the board.

X. External regulations:

  1. Vendors are responsible for compliance with all applicable town, city, county, state and federal regulations including but not limited to:
    • Pesticide licensing and safe use,
    • Approval seal of weights and measures on all scales,
    • State sales tax collected and reported as required,
    • Organic certification on claimed products as required,
    • Food safety, sanitation, health permits, and labeling requirements pertaining to the items for sale,
    • State inspection of nursery stock required for selling whole plants for replanting (packs or pots)
    • Mobile food vendor permits, or any other permits needed to sell at a farm market

XI. Designated Sites and Parking:

  1. The manager determines site and parking designations for vendors. Vendors who pay for the full season will be given an assigned location. Those who pay a daily fee will be given a location as available.
  2. Vendors’ tables, canopies, products on display and signs may not protrude outside of designated space without permission of the manager and may never  impede or endanger pedestrian traffic or safety.
  3. During the winter market, tables are provided for the vendors, but all vendors must provide a tablecloth for the tables.
  4. Vendors who are not in their assigned site by 8:30 AM may lose that site for the day or any part of the season as determined by the market. No site is guaranteed from week-to week or from season to season.
  5. The sharing of sites by multiple vendors is not allowed without prior approval.
  6. Subletting of sites is not permitted.
  7. For those sites that have a parking spot, a single vehicle is allowed.

XII. Public safety:

  1. Vendors are responsible for any damage or injury caused directly or indirectly by their structures, signage, displays, vehicles, etc.
  2. A vendor whose structure or display is deemed unsafe by the manager may be instructed to close for a day or part of a day and/or may be barred from further participation in the market without refund.
  3. In case of inclement weather or any other potentially dangerous situation, the manager may change opening or closing times , at the sole discretion of the manager. A vendor who fails to close and vacate the premises does so at his or her own risk. The market does not guarantee prior notification of closure. No refunds are given in these circumstances.
  4. Moving vehicles through the market area within 20 minutes of the market opening or closing is not permitted.
  5. No generators, open fires, smoking, or alcohol or illegal drug use is allowed.
  6. No pets are allowed, except for service dogs on duty.
  7. Amplified sound systems are allowed only with advance permission of the manager.
  8. Canopy safety rules must be followed, including:
    • Canopy weights must always be securely attached to vendor and market canopies. Each canopy leg must have no less than 20 pounds anchoring it. An umbrella must have 50 pounds anchoring it.
    • Canopy weights must be placed carefully, on the ground, using materials unlikely to cause injury and avoiding tripping hazards. Weights must tethered with solid, non-bungee lines that are clearly visible. Tethering canopies to tables, coolers or vehicles is not permitted. Cement blocks, gallon jugs, and non-secured sandbags are not permitted as canopy weights.
    • All vendors who erect canopies (including umbrellas) on a market site during a normal
      period of market operations, including the set up and break down period, are required
      to have their canopies sufficiently and safely weighted from the time their canopy is put up to the time it is taken down.
    • Any vendor who fails to properly weigh his or her canopy will not be allowed to sell at
      the market on that day or may be allowed to sell without their canopy, at the sole discretion of the manager.
    • If canopies need to be taken down in the middle of market due to inclement weather, vendors must direct customers to move out of the way, so they are not injured.
    • Vendors must always be prepared to take down their canopies in such a situation and may not rely on market personnel or volunteers to do this for them.
    • Weights for signs and other displays will vary depending on the sign.

XV. Insurance (Applicable to Farm and Food Vendors):

At all times during the market season for which the vendor has been accepted to participate in the market, the vendor shall maintain (at vendor’s sole expense) a policy of liability insurance, in form and amount acceptable to market, covering bodily injury and property damage arising from or relating to the vendor’s products and operations and also covering the vendor’s indemnity obligations under these rules. The market shall be named as an additional insured on the insurance policy, on a primary and non-contributing basis, with respect to matters arising from or relating to the vendor’s market activities. The vendor shall give the market at least thirty (30) days’ advance written notice if the insurance is canceled or materially reduced. A copy of the insurance policy shall be submitted with the vendor’s application. If the insurance policy is renewed or replaced at any time during the market season, the vendor shall immediately send a copy of the renewal or replacement policy to the manager.

XVI. Indemnity:
The vendor shall indemnify and hold harmless Delmar Farmers Market, Inc. from and against any claims, suits, accidents, injuries or damages (including reasonable attorneys’ fees) to any person (including vendor itself or vendor’s representatives, employees or agents) or property arising from the vendor’s negligence or the vendor’s material breach of these Rules.