Vendor Rules for the Delmar Farmers Market, 2020

  1.   Dates, location, times:
    1. The Delmar Farmers Market will open for seasonal operations on Saturdays from 9:00 AM – 1PM on dates and at a location announced by the market.
    2. Vendors must be ready to sell at 9:00 AM and close at 1:00 PM. Sales are not permitted before opening or after closing without permission of the Manager.
  2.   Definitions:
    1. Vendor: The seller of a product at the market.
    2. Daily Vendor: A vendor selling on specific days rather than for the whole season. 
    3. Local: Produced within 50 miles of Delmar or as nearby as possible when needed local products are not available, as solely determined by the Manager.
    4. The Market Manager is the employee of the Delmar Farmers Market operates and manages the market while it is in operation. Any reference under these rules means the Market Manager or the individual designated to act as Market Manager by the Delmar Farmers Market.
  3.   Acceptance into the market/allowable products, exceptions: 
    1. Vendors will submit an application that will contain a listing all products they plan to sell. Products should fit the mission and rules of the market as indicated on the application and on the website and in these rules. Selection of vendors is at the discretion of the board of directors.
    2. Vegetables, grains, fruits, herbs, flowers, and potted plants must come from land owned or leased by the vendor. 
    3.  Acceptance into our market is based on a number of factors including; how your business fits with our mission, the mix of products needed at the market, your proximity to Delmar, the lack of adulterated and artificial additives in your food products, your efforts to reduce the use of plastics and excess packaging, your use of local, recycled and other low-impact products and other environmental efforts, the timeliness of your application and fees.
    4. Products containing artificial growth hormone, GMOs, artificial food colorings, flavors or preservatives or other artificial additives are not allowed in the market. 
    5. We are a producer only market, products sold must be made by the seller or a direct employee except for fair trade items. 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. 
    6. Producer Only Fee—a $50 fee will be levied against any vendor who is found to violate our producer only rules. Our producer only rules are a condition of the market’s mission; no warnings will be issued.
    7. Preference may be given to coffee, chocolate and products using sugar if these products are fair trade. For more information see: http://www.greenamerica.org/PDF/GuideFairTrade.pdf 
    8. Polystyrene products and one-time use plastic cups and plates are not permitted (except those made from recycled or biodegradable products).
    9. The Delmar Farmers Market is committed to reducing plastic pollution. Vendors are prohibited from distribution of handled or non-handled plastic shopping bags. However, plastic produce bags, also called film bags, are allowed for leafy vege- tables, fish, meat, and poultry.  Vendors using allowable plastic bags are encour- aged to minimize the use of plastic and/or use plastic made from post-consumer waste whenever possible.  Vendors who have difficulty complying with these rules may appeal to the Manager who will consult with the Environmental Com- mittee.
    10. Paper bags are allowed.
    11. Plastic straws are not allowed at the market.
    12. Prepared foods must be made from scratch, not ready-to-make or pre-made.
    13. Preference is given to products that contain local and/or organic ingredients.
    14. The market may approve or disapprove of any application to the market and is not obligated to give written notice or reason for a disapproval. 
    15. Approval to sell additional items, other than those approved on the original application, shall require the approval of the Market Manager prior to sale at the market.
    16. 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.
  4.   Crafts:
    1.  Crafts 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.  For more information see: http://www.greenamerica.org/PDF/GuideFairTrade.pdf 
    3. Wood products that are made from recycled, reclaimed and non-exotic woods or certified by the Forest Stewardship Council are given preference over those that are not. For more information see: http://www.greenamerica.org/programs/woodwise/consumers/whatyoucando/goodwood.cfm.
  5.   Manager:
    1. The Market Manager assigns space for vendors and reassigns space as needed, as solely determined by the Manager.       
    2. Resolves disputes
    3. Enforces market rules
    4. Makes all other decisions as needed to ensure the efficient running and safety of the market.
  6.   Market acceptance and fees: 
    1. Fees are set by the Board of Directors.
    2. A vendor’s fee is nonrefundable.
    3. Acceptance is subject to review by the Vendor Review Committee.
    4. 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.
    5. Acceptance may be rescinded at any time if market rules are broken. 
    6. References may be required, and farm and food vendors may be subject to inspection as per rules set by the farm market board of directors.
    7. Fees for inspections may be required.
  7.   External regulations: 
    1. Vendors are responsible for compliance with all applicable town, city, county, state and federal regulations including but not limited to:
      1. Agricultural business license
      2.  Pesticide licensing and safe use
      3.  Approval seal of weights and measures on all scales
      4.  State sales tax collected and reported as required
      5.  Organic certification on claimed products as required
      6.  Food safety, sanitation, health permits, and labeling requirements pertaining to the items for sale
      7.  State inspection of nursery stock required for selling whole plants for replanting (packs or pots)
      8.  Mobile food vendor permits, or any other permits needed to sell at a farm market
  8.   Designated spaces and parking: 
    1. The market Manager determines space 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 w/o permission of the Manager and may never impeded 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 spot by 8:30 AM may lose that spot for the day or any part of the season as determined by the sole discretion of the market Manager. No spot is guaranteed from week-to- week or from season to season.
    5. Late arrival fee—a $10 late arrival fee will be charged if vendors do not contact the market Manager and do not show up within the designated 1/2 hour before the start of the market. Note: first offense will result in a warning, further incidents will be charged a fee. If continued lateness occurs their participation in the market will come into question.
    6. No sharing of spots w/o prior approval.
    7. No subletting of spots.
    8. For those spaces that have a parking spot, a single vehicle is allowed.
  9.   Cleanup:
    1. Vendors must supply their own brooms and dust pans and must always keep their designated stall clean and must make sure that their stall is clean before they leave. 
    2. In the winter market, vendors must mop any spills and make sure the floor is safe to walk on. 
    3.  Vendors are responsible to carry out any refuse that they have brought in or that is collected at their site.  
    4. All prepared food vendors must have clearly labeled, separate trash and     single stream recycling containers in plain sight at their assigned spots and placed in such a way as not to impede traffic or safety. Those not familiar with the term single stream recycling should go to the Bethlehem Town website: http://www.townofbethlehem.org/143/Recycling
  10.   Amplified sound systems are only with advance permission of the Manager.
  11.   Public safety:
    1. All vendors must follow guidelines as stated under the section “Canopy Safety.”
    2. Vendors are responsible for any damage or injury caused directly or indirectly by their structures, signage, displays, vehicles, etc. 
    3. In case of inclement weather or any other potentially dangerous situation, the Manager may close the market at any time, 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. A vendor whose structure or display is deemed unsafe by the sole discretion of the Manager may be instructed to close for a day or part of a day or may be barred from further participation in the market without refund.  
    4. In unusual circumstances such as threatening weather, the market may not be able to open or may close early. The market does not guarantee prior notification. No refunds are given in these circumstances.
    5. Moving vehicles through the market area within 20 minutes of the market opening or closing is not permitted.
    6. No generators, open fires, smoking, or alcohol or illegal drug use is allowed.
    7. No pets are allowed, except for service dogs on duty.
  12.   Market behavior: Vendors are independent entrepreneurs with a common stake in a cooperative and vibrant marketplace.     Activities not permitted include, but are not limited to:
    1. Unsafe or hazardous conditions at the market place.
    2. Condition of sales area, products, or vendor behavior that detracts from the market’s appearance, overall quality, or reputation.
    3. Soliciting customers from outside of the vendor’s designated space.
    4. 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.
    5. The market shall not be responsible for storage or safekeeping of any property left behind by a vendor at any time.
    6. All those working for a vendor at the market must be trained by the vendor on all rules of the Delmar Farmers Market.
    7. Failure to follow rules may lead to loss of designated spot, financial penalties, temporary or permanent expulsion from the market as solely determined by the Board of Directors.
  13.   Absences from the market:
    1. 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).
    2. 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.
  14.   Community Table: Space may be made available free of charge or at reduced rates for educational activities relating to the market mission, as determined by the sole discretion of the Market Manager. There is no selling at the community tables.
  15.   Solicitation at the Market: There shall be no soliciting of any sort except by admitted vendors within their designated spaces in accordance with these rules.
  16.   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 Delmar Farmers 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. Delmar Farmers 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 Delmar Farmers Market at least thirty (30) days’ advance written notice if the insurance is cancelled 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 Market Manager.
  17.   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.
  18. Canopy Safety:

According to the Washington State Farmers Market Association “Most accidents at farmers markets involve windblown tents, canopies and umbrellas.” Canopies are for protections form sun and rain, “but unpredictable winds can come up at any moment creating a safety hazard if the canopy is not properly secured.”

To help ensure safety at our market, you must follow these safety precautions:

Canopy weights must always be attached to vendor and market canopies. All vendors who erect canopies (including umbrellas) on the Delmar Farmers 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 Farmers Market on that market day or may be allowed to sell but without their canopy at the sole discretion of the Manager. Each canopy leg must have no less than 20 pounds anchoring each leg. An umbrella must have 50 pounds anchoring it.

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.

Additionally:

  • Weights must not cause a tripping hazard
  • Weights must be tethered with lines that are clearly visible
  • Weights must have soft edges to avoid causing cuts and scrapes
  • Weights must be securely attached to each leg of the canopy
  • Weights must be on the ground (NOT above people’s heads)
  • Weights for signs and other displays will vary depending on the sign

Strong winds can come suddenly and unexpectedly.  During setup and breakdown periods canopies are especially vulnerable so you must stay alert. Weights must be attached as soon as the canopy is set up. The canopy must be taken down as soon as the weights are removed. “Do NOT let yourself be interrupted by ANYTHING in the middle of this process, as a half-secured canopy is as dangerous, if not more dangerous, than an unsecured canopy.”

Canopy weights must be placed carefully, using materials that are least likely to injure. Some suggestions are:

  • 2.5-gallon plastic buckets with cement, canvass bags filled with sand and tied to each corner of the tent with a rope.
  • Sandbag weights that are specially made for securing canopies and weigh at least 20 pounds. 
  • PVC pipes capped and filled with cement and hung on the inside of canopy poles and secured so that they do not collide with customers.
  • The best weights are strapped to the bottom of each leg and tethered to the top corner of the canopy. In a strong gust of wind, even canopies secured with enough weight, can be broken if the weights are not suspended from the top corners of the canopy.

Note that: 

  • Gallon water jugs are not adequate.
  • Tying tents, canopies or umbrellas to tables, coolers or vehicles provides, etc. is not acceptable due to tripping hazards.
  • Sandbags that cannot be placed upright and securely tied to the tent or canopy should not be used.
  • Cement blocks are not permitted.
  • Stretch or bungie cords are not permitted.