Revised 2/2010

NCGA CERTIFIED FARMERS’ MARKET RULES AND APPROPRIATE CONDUCT

A. CERTIFICATES AND PERMITS

1. As a market participant you must be a current NCGA member and comply with NCGA rules and regulations.

2. A certified Producer’s Certificate must be obtained from the Humboldt County Agricultural Commissioner in order to sell fruit, vegetables, nuts or other agricultural products at the Certified Farmers’ Market (CFM) (Section 1392.5).

3. All non-certifiable agricultural products must have and be accompanied by a verifiable listing of the fresh product on the producer’s certificate of the producer selling.

4. You may only sell products that you have grown. You cannot sell on a commission basis for anyone else. As a Certified Producer (CP), you may sell produce for one or two other CP’s in addition to your own. According to the State Department of Food and Agriculture January 2003 regulations, you may sell for only two additional producers in a twelve month period and are required to have the names of the other producers who you are selling for/or who are selling for you listed on your certificate. You can have an immediate family member or salaried employee sell for you, but they cannot receive a commission on sales. (Section 1392.4(a)).

5. It is required that you give one week written notice to the market manager if you are going to be selling for someone else. Emergencies (such as an illness) are exempt from this rule.

 

6. You must maintain and observe all state and federal regulations for product maturity and quality. The Direct Marketing Certificate does not exempt you from these requirements (Section 1392.4).

6. An approved and sealed scale for the current year is required to be at your stall space for all products sold by weight. (Section 1392.4(b).

7. All current and future Humboldt County Department of Agriculture and USDA regulations relating to the transportation to, and selling of items at, the CFM must be strictly adhered to. Failure to comply with these regulations jeopardizes the market.

 

8. All certified producers must turn in a load list for each market day they sell at a CFM. The California Code of Regulations 1392.9 (b) defines a load list as an itemized list, from each producer, of all the products sold at the Farmers’ Market each market day. It is used in conjunction with the Certified Producers Certificate to verify that a producer is selling only the agricultural commodities he/she is producing. The market manager reserves the right to institute a fine in the amount of double the daily stall fees after two warnings for failure to turn in a load list. The market manager also reserves the right to disallow entry to a market if a producer fails to turn in a load list by the following market.

B. HEALTH DEPARTMENT GUIDLINES

1. All participants interested in selling processed goods must obtain the required health certificates and permits from the County Environmental Health Office and see the Market Manager prior to bringing products into the market. The sellers of such products must be the producer whose resulting product contains the producer’s own product. Facilities for processing non-certified products, such as dried fruits, honey, or cheese, must be approved by the County Environmental Health Department. (Section 1392.1)

2. All food products must be elevated a minimum of 6 inches above ground level at all times. This includes off-loading prior to setting up your displays. State health laws prohibit the placing of food products on the ground or sidewalk. Tables are suggested as an appropriate means of displaying and selling. Off-loading onto empty boxes or pallets is recommended.

3. Sampling of food is permitted at our CFM. Producers must follow the Humboldt County Department of Health and Social Services/Environmental Health regulations for sampling of produce or processed food products at the Market. See Market Manager for a list of regulations.

C. STALL ASSIGNMENTS AND PROCEDURES

1. Space assignment priority is given to NCGA grower members (see below E1). The Market Manager will determine when any particular commodity is in excess and will assign spaces accordingly. Appeals may be submitted in writing to the NCGA Board of Directors. No NCGA member may hold more than one stall space at any given time.

2. Stall spaces are assigned by the Market Manager. The maximum stall space is 16 feet at the Saturday Market. Assignment at all markets is based on seniority. The Market Manager will assign spaces for new members with thought to product distribution.

3. If you are unable to be at a market where you have been assigned a space, you must call the Market Manager as far in advance as possible, but no later than 4:30 p.m. two days before that market. This allows the Manager to assign your space to someone else for that date. You must pay the maximum stall fee to the NCGA if you do not show up at the Market . This fine must be paid to the Market Manager before re-entry into any market. Members’ stall spaces will be held until 15 minutes prior to the start of each market , at which time the Market Manager may assign another grower to your space.

4. Each stall must be identified with a sign. You may not sell at the market if you do not have a sign with the following information on it:

a. Grower’s name or farm name (phone # optional)

b. Farm location

c. Certified Producer’s Certificate

d. Resale permit, if selling anything other than an exempt food item

e. City of Arcata Business License (for selling at the Arcata CFM)

f. Organic Registration from the State (CDFA) if you are selling as organic

g. Organic certification from a USDA certifying agency if you are selling over $5000 of product as organic.

h. Nursery license, if selling more than $1000 per year of nursery product, Nursery exempt license if selling under this amount.

 

5. You may not start selling before the opening market time at the Saturday Arcata Plaza Market . Each grower must wait for the opening signal prior to selling. A signal will be given at the closing time for each market and all growers must be cleaned-up and cleared from the market no later than one hour afterwards. Producers will be charged a $10 fine for stall areas not thoroughly cleaned.

6. The set up and break down procedures for vendor stalls at any market location will be established by the board, conveyed and enforced by the market manager for the purpose of courteous, efficient and safe set up and break down. Sellers that are not packed and out of market with-in one hour of the closing of a market will be fined $50.00.

D. MEMBERSHIP AND STALL FEES

1. Membership in the NCGA may be obtained by sending annual dues to NCGA. There are two types of membership as defined by our bylaws: 1) Grower members are individuals who raise agricultural crops for sale in Humboldt County. 2) Supporting Members are all other members.

NCGA Member Dues:

Grower Members: $75

Supporting Members: More than 6 markets = $60, 6 or less markets = $25

2. Annual membership dues are due and payable January 1^st . Dues become delinquent one day after the spring membership meeting. Delinquent dues will be assessed a $10/month late penalty until July 1^st , after which date seniority will be lost.

3. Market fees are to be paid to the Market Manager no later than 30 minutes after the closing of each market. Stall fees are established at the Spring Membership Meeting each year. Stall fees for the current year are as follows: (subject to change)

NCGA Grower Members :

Weekday Markets: $8 min. and a $23 max. - You pay 10% of your gross sales + $1(state tax)

Saturday Market: $32 full space (16x20 ft.) and a $15 half space (8x20 ft.)

Supporting-Members:

Weekday Markets: $12 min. and a $32 max. (subject to change) - You pay 15% of your gross sales + $1(state tax)

Saturday Market: $18 min. and a $40 max. (subject to change) - You pay 15% of your gross sales + $1(state tax)

Sat. Food Court : $30 half stall and $60 full stall space

 

E. SENIORITY

1. Seniority is based on the number of consecutive year’s attendance as a grower member. Attendance is defined as participating as a vendor for a minimum of six times at any one market during a season. Supporting members do not gain seniority.

2. A request for one-year leave of absence may be submitted in writing to the Board of Directors. This request together with annual membership dues must be submitted no later than July 1 of the year for which the leave is requested. No more than one request shall be permitted for any three-year period. The Board may approve or deny the request. If the request is approved and the above conditions are met, seniority will be maintained for that year.

3. All changes in farm ownership must be reported in writing to the board within one month’s occurrence for the purpose of tracking seniority.

F. OUT OF COUNTY

 

The following non-voting out of county growers who have participated in NCGA markets:

1. Hunter Orchards- Peaches and Nectarines

2. Winsmer Farms- Cranberries

Will be grand fathered in and allowed to continued and participate in NCGA markets, but will only be allowed to bring the crops indicated in prentices that they have historically brought to our market.

These Farms will not be allowed to bring any additional crops to NCGA markets unless these crops meet the conditions outlined below for new out of county grower participation.

There will be a regular permanent space designated for these grand fathered out of county growers. Signage will be provided by the NCGA and posted at out of county stalls stating “ NCGA welcomes this out county farm to our market”. We will allow new non-voting out of county growers to participate in NCGA markets only under the following conditions:

1. Crops brought to market by such growers must be unique to the market. The produce they bring to our market must be something that is not being grown or marketed by in county member growers. Unique is to be understood in terms of broad commodities categories rather than varieties and seasonality. For example in order for a out of county grower to bring apples or lettuce or pears to a NCGA market there would have to be no in county grower producing apples lettuce or pears of any kind. A lettuce verity which no in county grower is producing would not qualify nor would an obscure pear variety not being raised by an in county grower. Nor would an early apple that comes in before apples produced by in county growers.

The commodity must be unique; cranberries for example would currently qualify because they are no in county growers producing cranberries. Implicit in this condition is that new out of county growers can continue to bring crops to the NCGA market only so long as those crops continue to be unique. An in county grower begins to produce and market the same crop then it will no longer possible for the out of county grower to bring that crop to NCGA markets.

2. There must be stall space available after all in county growers in good standing who wish to sell have been assigned a stall space in the market/s in questions.

3. Owners of out of county farms must be present at NCGA markets where their produce is being sold.

G. GRIEVANCE PROTOCALL (updated 2008)

A spirit of respect, consideration and cooperation must exist between members, board members, market patrons, market managers and assistants. It is not acceptable to verbally abuse, yell at or intimidate fellow farmers, customers, board members or market managers.

Whenever the Market Manager, or other agent assigned to do so, acting in good faith, believes a seller has violated any of the NCGA CFM rules;

1. A written warning will be issued and a copy of that warning and a report from the manager will be turned in to the Executive Director and kept on file.

2. A second violation within one growing season will result in a $20 fine and a report from the manager will be turned in to the Executive Director and the NCGA Board of Directors will be notified of the incident.

3. A third violation within one growing season will result in immediate expulsion from the market with NCGA Board approval and a detailed report to be kept on file. Re-entry into the market may be attempted through written appeal to the NCGA Board of Directors.