OREGON CITY FARMERS MARKET

2005 Rules Handbook

Clackamas County Friends of Extension is a non-profit 501(c)3 entity. All proceeds of the Oregon City Farmers Market, through CCFOE, are used to support educational programs of the Oregon State University Extension Service in Clackamas County.

MARKET BOARD

The Oregon City Farmers’ Market is a committee of the Clackamas County Friends of Extension (CCFOE). The CCFOE Board meets the fourth Monday of each month at 7:00 p.m. at the OSU Extension Office, 200 Warner Milne Road, Oregon City, OR 97045. Please contact the Market Coordinator for more information

MARKET TIME AND SEASON

The Oregon City Farmers Market will be open from 9:00 a.m. to 2:00 p.m. each Saturday

beginning May 14, 2005 and ending October 1, 2005.

MARKET CONTACTS

Oregon City Farmers’ Market Vendor Information:

Agriculture / Growers Food Concessions Entertainment/Non-Profits

Tam Seasholtz Monica Mumper Gwen Dedrickson

503.656.5067 503.650.4008 503.657.9505

tamseasalts@excite.com monmumper@aol.com dedricksons@ispwest.com

MISSION STATEMENT

The Oregon City Farmers’ Market is a collaborative effort of Clackamas County Friends of Extension in partnership with the Clackamas County, City of Oregon City, OSU Extension Service (Clackamas), Clackamas Soil and Water Conservation District and community volunteers and sponsors. The Oregon City Farmers’ Market will increase access to fresh and local foods to all community members of Oregon City; offer natural resource and nutrition education, and a marketplace for connecting consumers and diverse growers. We will reach out to all community members and encourage consumption of locally grown fresh foods and connect them to resources for procuring and utilizing these foods. We support optimal health and well being of our Oregon City community members by offering education, resources and foods that promote health and sustainability.

To achieve our objectives, the Market will:

1. Secure and manage the physical market site;

2. Provide services to our customers including vendor sales; disabled parking;

entertainment; and social events during the market season;

3. Promote the market in the community through press releases, advertising and

presentations to community groups;

4. Offer booth space for OSU Extension Service and other educational organizations so the public can learn about the valuable nutrition, agriculture and natural resource programs the City and County has to offer;

5. Promote locally grown food by providing space for local farmers, youth and ethnic

growers;

6. Acquaint the community with non-profit and government organizations.

SPACE FEES AND REGISTRATION

· Daily spaces $25.00 per day

· Vendors who pre-register for a booth for at least

four (4) market days $20.00 per day

· Community booth $10.00 per day

MARKET RULES

A. PRODUCTS

All products must be grown, raised, produced or collected in Oregon or Washington. Products allowed to be sold at the Market are agricultural products such as plants, fruits, vegetables, herbs, flowers, seafood, meat, poultry, honey, processed foods and eggs. All products shall be of good quality, and must comply with any applicable regulations pertaining to their production and sale.

The Market reserves the right to:

*Prohibit any vendor from selling a particular product in the market

*Prohibit any product from being sold in the market

*Prohibit a particular vendor from selling in the market.

Vendors must submit a complete list of products that they produce and wish to sell at the time they make application to the market. All products must be approved by the market board prior to being sold. If an accepted vendor wants to sell an item not previously approved, market board must approve the new item before it may be sold.

B. PRICES

All vendor prices must be clearly marked or posted. Collusion and deceptive pricing practices are strictly prohibited. Vendors are not allowed to pressure, harass, or bully other vendors regarding the pricing of their products.

C. NURSERY PRODUCTS AND PLANTS

Nursery products and plants must be propagated by the vendor from plugs, seeds, cuttings, bulbs or plant divisions and sold in standard, non-decorative nursery containers. When non-traditional containers are appropriate such as Bonsai dishes, succulent dishes, baskets or planter boxes, the value of the container may not exceed the value of the plant material.

Vendors who sell nursery products and plants are required by the State of Oregon to obtain a nursery license if annual sales exceed $250.00. More information is available from the ODA – Plant Division. A photocopy of the vendor’s nursery license is required at the time of application.

Selling a finished product purchased from another grower is prohibited.

Nursery vendors may not sell hardware such as plant stands, ornamental decorations, hangers, stakes or trellises. Plant vendors are also prohibited from selling fertilizers or other nutritional supplements for their plants.

D. BAKERY, PREPARED FOOD AND VALUE ADDED PRODUCTS

Bakery products must be made locally, from scratch, from quality ingredients. All products must be safe to consume and held at appropriate temperatures at all times.

Prepared food must be manufactured in the northwest, from (not raw dairy???) ingredients, and done under the direction of the owner. The owner is not required to raise any of the raw ingredients. Priority consideration will be given to processed food products that contain any locally grown ingredients.

Value added products are processed food products whose main ingredients are raised by the farmer. All value added and processed products must be made and handled in accordance with the ODA Farmers’ Market Guidelines.

The Market Board may, at its discretion limit the number of prepared, processed or value

added food products in the market. Vendors will be required to submit a complete list of products at the time they make application. Additions to the complete list of products must be approved by the market board.

Products will be re-evaluated each year.

All vendors selling bakery, prepared food, value added food, or potentially hazardous food (see ODA Farmers’ Market Guidelines) must also show proof of product liability insurance.

E. COMMUNITY BOOTH

· Participants bring produce listed on “check-in/check-out” sheet to Community

Booth between 7:30 and 8:00 a.m.

· Produce is delivered in clean condition, bunched and/or packaged, labeled with

the price and item name. Item pricing and consumer information are encouraged

Vendors using the Community Booth must comply with the regular Market guidelines, including the expectation that produce has been grown by the seller.

· A variety of produce is encouraged; however, a participant is limited to gross sales of $100.00 per market.

· The cost for selling at the Community Booth is $10.00 per market day

· Participants wishing to sell produce as “organic” must be registered with the state Department of Agriculture under Oregon’s Organic Food Law or certified by Oregon Tilth or another certifying organization. A copy of such certification must be presented to Market Coordinator prior to sale of such produce.

· Unsold produce and flowers not picked up by participants by the end of

the market will be donated at the discretion of the Market Coordinator.

F. NON FOOD AGRICULTURAL PRODUCTS

The market may allow some non-food agricultural products such as wool, goat’s milk soap, lavender wands and beeswax candles. The vendor must have grown or produced the main ingredients in the category item such as the lavender in the lavender wand. These products must be approved in advance by the market board.

G. PRODUCT EXCLUSIVITY

The Market does not guarantee any vendor the exclusive right to sell any one product. The customer usually benefits from having multiple vendors selling the same product. The Market will determine when a product category is adequately represented and make the decision to deny applications from vendors with similar products. The product mix in the Market as a whole, as well as customer demand, will serve as important factors in determining how many vendors will be allowed to sell similar items.

H. FOOD/BEVERAGES TO BE CONSUMED ON THE MARKET PREMISES

The market board reserves the right to limit the number of food concessions at the market at any given time. The majority of spaces are reserved for growers. Because it is important to have delicious, prepared from scratch authentic food for our customers to enjoy while shopping at the Market, the following process has been devised to help the Board select which products may be served to the public:

1. PROPOSAL PROCESS:

Vendors wanting to serve prepared food to be consumed at the market are to submit a proposal in writing to the Market Board explaining their ideas. The concept must be fully formed and must include:

* A complete menu

* Prices

* Presentation

* Packaging

* Location of kitchen where food will be prepared.

The Market Board meets every month on the fourth Monday of the month at 7:00pm at which time they will consider all proposals offered. Vendors will be notified the following day as to whether their idea has been accepted, or if further consideration is needed.

It may be necessary to provide sampling of the menu items.

Vendors may mail proposal to the Market. Once accepted, a food vendor will be required to submit copies of the following documents:

· Temporary Restaurant License obtained from the Health Department.

· Food Handlers License for at least one employee who will be in the booth

at all times obtained from the Health Department

· Certificate of Product Liability Insurance listing the Market as an additional

insured.

2. MISCELLANEOUS INFORMATION FOR FOOD VENDORS

· Menus must be submitted at the beginning of each season for re-evaluation and approval.

· All food for consumption on the premises must be served and handled at the Market in accordance with ODA Farmers’ Market Guidelines.

· All vendors cooking on the premises must have a fire extinguisher in their booths. According to the Fire Department regulations, all vendors using deep fat fryers must have a K style extinguisher, made especially for grease fires. All other vendors are required to have the multi-purpose 2A10BC extinguisher. This includes vendors using electric equipment such as coffee brewers, waffle irons and soup warmers. (Additional requirements regarding the canopy may be required by Fire Dept. Vendors will be notified as soon as Market Board has clarified this issue.)

I. VENDOR OBLIGATIONS

Vendors and their employees will park in designated vendor parking spaces.

Vendors who participate in the market on a week-to-week basis are requested to contact the Market Coordinator no later than the Wednesday before the market to let the

Coordinator know whether or not you will be participating.

J. SIGNAGE

· Each vendor will post a sign which must be a minimum of 11”x 11”, with letters at least

· 3” high, identifying the name and location of the farmer.

· Signage regarding the use of the word “organic” must comply with federal and state statutes regarding the use of this word.

· Organic vendors must post a copy of their certification in their booth.

K. VEHICLES – UNLOADING AND LOADING

Vehicles unloading will not be permitted before 7:30, unless given permission for early unloading is granted by the market coordinator.

Vendors may not drive a vehicle into, or out of the market after 8:00 a.m. The market

entrance will be barricaded at that time. Any vendor arriving after 8:00 a.m. must carry their booth, table and product into the market.

After the market closes, vendors whose vehicles are parked in the market may drive out of the market after 2:00.

Vendors will not disassemble booths before closing time unless special permission has been granted by the market coordinator.

L. BOOTHS

Vendors will not have vehicles, tables, products, boxes, signs or any part of their booth outside their space boundaries as marked. Vendors must stay within their allotted space while selling and may not distribute samples or literature outside their stall area.

Sandwich signs must be displayed in booths.

Booths and/or tables must be provided by the vendor, and must be erected with concern for the safety of the public and other market vendors.

Each leg of vendor’s canopy must be secured at all times with enough weight to keep them anchored to the ground no matter the weather. Vendors whose canopies blow around due to insufficient weights will pay a $10.00 fine, which will be payable at the time of the incident.

Vendors are responsible for removing their own refuse and unsold product from the market premises. The trash cans at the market are for the use of the public only. Vendors must provide for refuse from their booth and its removal.

Vendors may not bring pets to the market.

Selling before the beginning of the market is strictly forbidden unless permission to do so is obtained from the market coordinator.

All scales used for weighing customer goods must be certified by the ODA, Measurement Standards Division. Scales must be licensed annually.

Fire Department regulations require any vendor with a canopy covering a 200 square foot or more area to have a 23A10BC fire extinguisher in the booth. A canopy of 500-1,000 square feet requires two 2A10BC extinguishers. (Additional requirements may be added by the Fire Department). Vendors will be notified as soon as the Market Board is aware of any changes and a revised copy of rules will be sent to affected vendors.)

All vendors must comply with the ODA Farmers’ Market Guidelines.

Playing of radios or CD’S inside the market is prohibited.

Vendors may be fined, suspended, or removed from the market, or have selling privileges revoked for failure to obey or conform to market, federal, state or local regulations.

A community booth will be available to small growers wishing to see fresh, locally grown produce, plants and flowers. Such vendors will be charged $10.00 for this service. Such vendors must comply with Market rules regarding times to drop off and pick up products.

A limited number of booths will be set up for non-profit and governmental organizations so they can better acquaint the community with their services, projects, volunteers opportunities and fund-raising ventures Such organizations interested in participating in the market need to contact the Market Coordinator. The Market Board reserves the right to determine the specific number of booths that will be available to these groups.

M. RULES OF CONDUCT

Vendors shall be honest and conduct themselves at all times in a courteous and businesslike manner. Rude, abusive, offensive or disruptive conduct will not be permitted.

To maintain a positive atmosphere, vendors must bring concerns about the market to the market coordinator, NOT to customers or other vendors.

Vendors who wish to smoke must leave the market premises to do so.

No loud hawking, shouting or barking is allowed. This is defined as selling one’s wares in an aggressive manner, such as calling out to a shopper as they pass by one’s stall or standing outside the stall to attract customers.

Vendors are responsible for the actions of their employees.

N. ENFORCEMENT

All rules of the market will be enforced by the Coordinator and Board members, as well as their designated representatives. The Coordinator has the ultimate on-site authority, and is responsible to the Market Board. If a vendor does not abide by any rule of the market, the Coordinator has the discretion to impose a penalty, which may include a written warning, monetary fine and/or suspension from the market.

O. CUSTOMER COMPLAINTS

Customer complaints will be forwarded to vendors and kept on file each season. Complaints may result in discretionary action including removal from the market.

P. DISPUTE BETWEEN A VENDOR AND COORDINATOR

Disputes between a vendor and a coordinator will be resolved by an Appeals Committee.

The Appeals Committee shall consist of three members of the Market Board, one of whom shall be a representative of vendors.

Members of the committee will be appointed by the Board Chair.

Disputes shall be presented in writing to the Chair of the Board by both the vendor and the Coordinator.

Agreement by two members of the Appeals Committee shall constitute a final decision. Both the vendor and the Coordinator will be notified immediately.

All disputes and their resolutions shall be made record of at the next regular meeting of the Board.

Q. PRODUCT CHALLENGE

Products offered for sale may be challenged by any vendor, customer, or market board member. The market’s intent is to offer customer’s fresh, high quality farm direct products. Challenges may be made for poor quality or misrepresentation of product.

Any challenge must be signed by the person bringing the challenge and supported by verbal or physical evidence of the offense. A challenge may be made only on the day violation is observed. Challenges alleging wrongdoing on past occasions will not be accepted.

The written challenge will be immediately delivered by the Coordinator upon acceptance. The Coordinator will conduct an investigation as conditions permit upon delivery of the challenge. A vendor receiving a challenge must, prior to the next market day, admit or deny the challenge in writing, and may also present a statement and evidence. Failure to admit or deny a challenge may result in a determination that challenge is valid.

Prior to the next market day following the challenge, the Coordinator and two market board members, appointed by the Chair of the Board, will issue a written determination of the challenge and impose a sanction upon a finding that a violation has occurred. If found in violation, a vendor may be fined, suspended or removed from the market at the Market Board’s discretion.

R. “ON THE SPOT” VENDOR CHECKS

The Coordinator, or other market board member or designated representatives, will conduct periodic on the spot vendor checks. The checks are a “quick” assessment of the vendor’s compliance with rules that the market considers of particular importance.

There will be a $10.00 penalty for each item below found to be in violation, payable to the Coordinator immediately upon presentation of the complaint form.

· Food/Produce Safety Check

1. Hand washing stations present and ready to use.

2. Employee present in the booth with a food handler’s card (if applicable)

3. All food at least six (6) inches off the ground.

4. Samples are being handled in according with ODA Farmers’ Market Guidelines.

· General Rules

1. All licenses and certificates are up-to-date for all applicable producers.

2. Each canopy leg is secured with weights secure to hold canopy regardless of weather.

3. Booth is set up with regard for public safety. All components of the booth are contained within the boundaries of the booth.

4. Proper signage indicating the name and location of grower.

5. Organic certification posted.

6. Prices of product clearly and accurately posted.

7. Fire extinguishers present (if applicable)

8. Vendor’s booth free of boxes, garbage, etc.

9. Proper use of scale with current certification.

10. Selling before opening bell without specific permission.

11. Failure to remove refuse and/or unsold product from market premises. The market trash cans are for public use only.

12. Failure to pickup litter and clean booth area at end of day.

13. All product for sale is listed on application and approved by by the market. Any product not listed on the application must be pulled from the booth and a $10. 00 per item fine will be assessed.

14. Vendor and employees must be parked in spaces designated for vendors.

15. Vendor must sign each on the spot check form.

S. SITE VISITS

The Market Board reserves the right to make site visits to vendor farms.

T. VENDOR LICENSING

Vendor licensing, as well as copies of any permits and licenses applicable to the sale of product, will be required. Vendors are responsible for complying with State and local licensing requirements governing the sale and production of their products. Failure

at any time to conform to local, State or Federal requirements can be grounds for removal from the market and forfeiture of space fees. A list of contact information for government agencies will be provided to all vendors.

U. LIABILITY INSURANCE

Proof of Liability Insurance listing the Oregon City Farmers’ Market (d.b.a. Clackamas County Friends of Extension) as an additional insured is required in all instances, regardless of product. Minimum coverage is $500,000.00

V. MARKET RULES CHANGES

The Market Board reserves the right to modify the rules of the market as circumstances warrant. Vendors will receive advance warning, and a revised copy of the rules as soon as changes are incorporated into the rules.

MARKET REQUIREMENTS (Miscellaneous)

Native American Vendors

The treaty rights of Native American vendors allow them to sell product without licensing. The vendor’s tribal identification card will need to be submitted with the application to confirm Native American status.

Apple Cider

If a vendor makes their own cider, a Food Processing License from ODA, Food Safety, is required. If cider is made by a processor other than the vendor, a Retail Food Establishment License is required. This is available from ODA, Food Safety.

Cheese/Dairy Products/Ice Cream

A Dairy Processor’s License, available from ODA, Food Safety, is required.

Fish

If vendor processes fish themselves, a Food Processor’s License from ODA, Food Safety, is required.

If vendor is selling whole fish, or having the fish processed by another process, a Retail

Food Establishment License is required. This is available from ODA, Food Safety.

Oysters, clams or mussels require a Shellfish Shippers License, available from ODA, Food Safety.

Meat

A Meat Sellers License is required and is available from ODA, Food Safety.

Organic Products

Vendors with organic certification must post a copy of the license in the booth and provide a copy of such certification to the market at time of application.

Plant/Nursery Owners

If plant sales are over $250.00 a year, a Nursery License from the ODA, Plant Division is required.

Bakery, Processed and Value Added Food

For foods vendors prepare themselves, a Food Processor’s License is required and is

available from ODA, Food Safety. If a vendor has a product processed by someone else, a Retail Food Producer’s License is required and is available from ODA, Food Safety. A Bakery Processor’s License is also required and available from ODA, Food Safety.

Selling Food To Be Consumer on Premises

A Temporary Restaurant License is required and available from Clackamas County Public Health Administration.

A Food Handler’s Permit for at least one person that will be in the booth at all times is required and is available from the Clackamas County Public Health Administration.

Vendors Scales

An ODA Scales Certification for each scale used must be available. Certification is available from ODA, Measurement Standards.

Wine

A Food Processor’s License from ODA, Food Safety, is required.

A Special Event Winery Permit or Multiple Location License from ODA is

required.

An OLCC service permit is required for all employees working in a wine booth.

MISCELLANEOUS INFORMATION

Live animals will not be sold at the market. People doing demonstrations are welcome to bring live animals as long as they are contained in cages, or under control at all times, and kept at least twenty feet from food. If animals used in demonstrations will be touched by the public, the demonstrator is requested to provide a sanitary washing station, or to contact the Market Coordinator in advance so that a station will be available to the demonstrator. Presentations by demonstrators must be scheduled in advance with the Market Coordinator.

Dogs on not permitted at the market and there is not a “dog sitting” area. Owners who do not follow these rules will be asked to remove their dog from the market. Non-compliance with these rules will result in a request for assistance from Animal Control.

I acknowledge I have reviewed the 2005 Oregon City Farmers’ Market Rules Handbook and agree to abide by the rules as stated.

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Print name Date

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Business/Farm Name

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Signature