Current through Register Vol. 42, No. 11, August 30, 2024
(a) A person or entity may apply to be a
Certified Farmers Market by completing a Certified Farmers Market Application
and submitting it to the Authority. The application shall be on a form
authorized by the Director.
(b)
Application to become a Certified Farmers Market shall be made by the proposed
operator(s) of a Certified Farmers Market and shall include a signed agreement
by the operator(s) to comply with the terms of the Authority's Rules and
Regulations.
(c) Upon receipt and
approval of the Certified Farmers Market Application, the Authority shall issue
a Certified Farmers Market Certificate. The certificate shall identify where
the market is located and indicate that the marketplace is a Certified Farmers
Market where agricultural products may be sold or offered for sale.
(d) The governing body of a Certified Farmers
Market shall promulgate a set of market rules and regulations which specify
procedural criteria pertaining to the following:
1. Establish the identity of the persons or
entities that govern the market and the philosophy and purpose of the
market.
2. Establish the identity
and duties of the Market Manager.
3. Establish rules for participating in the
market.
4. Establish who may
participate in the market and what may be sold at the market. The number of
non-food vendors may not exceed 30% of the total vendors. Arts and crafts are
not permitted for sale at the market unless they have received prior approval
by the Market Steering Committee/Board. Items purchased for resale, as well as
items made from kits, commercially available plans and items that are
mechanically mass-produced may not be sold at the market.
5. Establish the process for selecting
vendors and establishing fees. Establish market space allocation procedures
including priorities, preferences, and stall fees.
6. Identify all documents and licenses
required to participate including: proof of insurance, grower's
permits/certificates and/or business licenses. Attach a copy of all documents
to the final version of your market's rules.
7. Establish detailed guidelines on issues
such as market location, day(s) and hours of operation set-up, clean-up,
selling times, notification for non-attendance, pets, samples, sanitation,
signage, smoking, food safety and food handling.
8. Establish procedures for rule enforcement,
including reporting violations, notice, penalties, suspension or removal and
appeals.
9. Incorporate applicable
State and Local requirements into your market's rules, with agreement that it
is vendor's responsibility to comply.
10. The sale of live animals is not allowed
at the market.
11. Wine is
prohibited for distribution and/or retailing at farmers markets in the State of
Alabama. Alcohol, i.e. beer, whisky, etc., is prohibited for sale at farmers
markets.
12. Establish the method
by which the vendor agrees to indemnify and hold harmless the market organizer
from any liability arising from the vendor's participation in the
market.
13. Establish rules for
handling and storing different types of foods with guidelines for sampling if
allowed. It is the responsibility of each vendor to abide by all state and
federal regulations which govern the production, harvest, preparation,
preservation, labeling, or safety of products offered for sale at the market.
All vendors regardless of product must meet the health requirements that
prevent food borne illnesses. No cooking is permitted within the market area
without prior approval.
(f) The Certified Farmers Market's rules and
regulations shall contain a clause, which states that the governing body and
its designated agents shall implement and enforce all rules and regulations
pertaining to the operation of the Certified Farmers Market in a fair and
equitable manner.
(g) A copy of the
Certified Farmers Market rules and regulations and any updates shall be sent to
the Authority. The Authority's copy shall govern the Certified Farmers
Market.
(h) In order to be
recognized by the Authority as a Certified Farmers Market the criteria and/or
rules as set out in Chapter
80-7-1-.04 must be met. (This does not prohibit a market from imposing more stringent
requirements on its sellers.)
