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SR-11-10-2009-8B~~~ c;cYOr City Council Report Santa Monica City Council Meeting: November 10, 2009 Agenda Item: To: Mayor and City Council From: Andy Agle, Director of Housing and Economic Development Subject: Farmers Market Rules, Regulations and Policy Guide Recommended Action Staff recommends that the City Council approve the proposed Santa Monica Farmers Markets Rules, Regulations and Policy Guide. Executive Summary The proposed Santa Monica Farmers Markets Rules, Regulations and Policy Guide ("Rules") are intended to govern the operation and management of all farmers markets in the City. The Rules address conditions for participation including selection criteria, stall space allocation .and fees, health, safety and conduct, stall display and set-up, audits and market violations. These Rules will regulate the activities of certified producers ("farmers") and ancillary uses such as prepared and packaged food, non- certifiable processed agricultural food, wild harvested and foraged agricultural products, and sellers of wild-caught fish and shellfish and include definitions for all of the terms and categories referenced within the document. The Rules also address City departmental informational tables, retail activities, musical entertainment, children's activities and market sponsored consumer education and outreach. These Rules replace the Santa Monica Farmers Market Rules and Regulations, which were prepared administratively in 1997. The Rules codify many of the practices that have been in place for several years. Background Established July 15, 1981, the Santa Monica Certified Farmers Markets and accompanying programs are committed to promoting healthy eating and sustainable agriculture in California by providing fresh agricultural products directly from small farms to urban customers, thereby building community and preserving California farmland. Weekly, the City of Santa Monica oversees the operation and management of four Certified Farmers' Markets (CFMs). CFMs are operated by the City in accordance with regulations established in California Administrative Code, Title 3, Chapter 3, Group 4, 1 Article 6.5, Direct Marketing. As set forth by the Direct Marketing Regulations, all organizations managing CFMs are required to establish rules and regulations. In order to qualify for participation in a CFM, a farmer must obtain a Certified Producers Certificate issued by the County Agricultural Commissioner's office in the county where the produce is grown which lists the crops under cultivation, approximate yield and harvest season. Farmers may only sell crops they grow and only California grown crops are allowed in a CFM. In addition to the farmers who sell in the CFMs, adjacent non-certified activities are operated in conjunction with the CFMs under the authority of the City. They include prepared and packaged food, non-certified processed agricultural food, wild harvested and foraged agricultural products, and sellers of wild-caught fish and shellfish. Santa Monica's Farmers Markets also offer information tables with educational materials prepared by the City, retail activities from the local business district, which are on private or privately leased property, musical entertainment, children's activities and market-sponsored consumer education and outreach events. Santa Monica Farmers Markets (SMFMs) have a reputation for having the highest quality produce and food products produced in California. Each year, customers and local chefs make over 550,000 shopping trips to SMFMs, spending over $13,000,000. Santa Monica's Farmers Markets are supported by 200 farmers, 20 prepared and packaged food vendors, 13 individual retail vendors and over 30 performers. As the SMFMs have grown, participation in the market at all levels has become a highly coveted opportunity. For many participants, revenues generated at the SMFMs are a significant part of their incomes. On average, farmers gross $1300 per market while non-agricultural vendors gross $750 per market. Discussion In expanding and updating the Rules, staff reviewed rules and regulations from numerous farmers' markets nationwide and drew upon over 64 years of City staff experience to determine best practices. 2 Every market participant is carefully screened with a commitment to creating a diverse marketplace with the highest quality locally produced products available. Selection criteria for all applicants are designed to help staff evaluate and select applicants that will uphold the integrity and reputation of SMFMs and its mission. Ideally, applicants' products will add to the diversity of the current product mix, present a unique and desirable selection of products, look and taste delicious and increase access to locally grown, sustainably raised nutritious foods. Market staff visits all new applicants at their farms prior to allowing them to participate. The following highlights some of the important issues discussed in the Rules: Farmers: Certified farmers are those who have certificates from a California County Agricultural Inspector. Certified farmers sell both certified and non-certifiable agricultural products. Certified .agricultural products include fresh fruits, nuts, vegetables, shell eggs, honey, cut flowers and nursery stock. Non-certifiable agricultural products are products that the farmer has grown, but which are processed and include juices, jams, dried fruits, shelled or roasted nuts, etc. The Rules detail the documents that both certified and non-certifiable producers need to provide with their applications. Farmers are selected for participation based on compatibility with existing market product mix, uniqueness of products; space availability, seasonality, organic certification status and sustainability practices. Farmers may only sell products they produce and that are listed on their Selling Agreements. Farmers may apply on an on- going basis. Once selected, farmers will be offered a three month participation agreement stipulating products to be sold and the markets they will be attending: The Rules provide for athree-month probationary period after which farmers are awarded a permanent stall space, subject to annual review, provided they receive no violations. If not selected, farmers are placed on a waiting list for up to one year. Each week farmers submit "load sheets" which list the amount of produce sold and the amount of the farmers' gross receipts. Currently, producers pay the City 4.5% of gross receipts. Farmers are required to accept food stamps and to participate in special 3 programs including the "Women, Infant and Children" (WIC) and the Senior Farmers Market Nutrition Program (SFMNP). Farmers may sell to chefs, schools and market- basket programs provided they comply with State Law. The Rules also discuss the standards for set-up and display; conduct and labeling of organic produce. To ensure that farmers are reporting transactions accurately and conforming to the established standards, the Rules codify an existing audit program that includes booth audits and farm visits to confirm that produce sold at the market is grown by the farmer. The Rules include a schedule of violations and set forth a process for notice of violation, appeals and hearings. After exhausting the administrative process, farmers may appeal their grievances to the Los Angeles County Department of Food and Agriculture. Prepared and Packaged Food: To satisfy customer demand and to support the local business community, the markets offered prepared and packaged food, and currently accommodated the following number of vendors: The Wednesday Downtown market - three prepared food vendors; Saturday Downtown -two prepared food vendors; Saturday Pico Market -seven prepared food vendors; and the Sunday Main Street Market - 13 prepared food vendors. Some of the prepared food vendors have restaurant operations within the City or elsewhere while others are itinerant vendors. Additionally, Wednesday and Saturday Downtown Markets have one space set aside for a weekly Featured Bayside District Restaurant, of whom five currently rotate on a quarterly basis. These Rules establish a new feature of a rotating space for local food establishments at the Sunday Main Street Farmers Market. Several prepared food vendors at the SMFMs have invested from five to 15 years at the markets, while others have opened operations only to close within a few months after experiencing the challenges of staffing, set-up, and the time it takes to build a customer following.. Prepared food vendors have generated revenues between $200 and $2,500 per market. Staff receives over 10 inquiries per week from vendors requesting to participate. The Rules establish an open and competitive process for selecting 4 prepared and packaged food vendors through a Request for Proposal process. It is staff's intention to use the RFP process to select a mix of prepared food vendors who will support the mission of the SMFMs and appeal to market patrons. During each RFP process, staff will determine the duration of agreement and number and type of vendors to be included in each market. City staff will evaluate and rank applicants on their business location, management experience, and sustainability and sourcing practices. An independent panel consisting of two chefs selected by City staff and one restaurateur (who is not in the applicant pool) from each business district where SMFMs are held will be invited to evaluate and rank applicants based on food quality. If a restaurateur from one of the business districts does not volunteer; City staff will select a restaurateur from elsewhere. Among the criteria for selection and standards of operation that will be addressed through the RFP process and considered by the evaluation panel are the following: • FOOd quality Business location, with maximum points for restaurants from the local business district Management experience with prepared foods, health department requirements and outdoor food preparation and services • Commitment to sustainability, including sourcing of ingredients and sustainable practices • Diversity of applicant product mix • Years of service with SMFMs When selected, prepared food vendors will be granted selling agreements. Because space is at a premium at all of the SMFMs, most prepared and packaged food vendors are assigned selling spaces of 10 ft x 10 ft, however, based on special needs, some prepared food booths may be assigned spaces of 10 ft x 20 ft. Prepared food vendors pay a fee of $100 weekly for spaces of 10 ft x 10 ft and $150 for a space of 10 ft x 20 ft. Retail: The Sunday Main Street Farmers Market sets aside a space for local merchants under the auspices of the Main Street Business Improvement Association (MSBIA). "Little Main Street" is set up in the non-certified section of the market. Retail sales are allowed at the Sunday Main Street Market because it is located on private property: Retailers are required to sell the same goods as sold in their stores to prevent the retail 5 section from becoming a resale area (e.g. swap meet.) Retail sales are not allowed at SMFMs that are located on public streets or parks. Musical Entertainment: Currently, only the Sunday Main Street Farmers Market offers musical entertainment, although in the future other markets may decide to offer music based on space availability and customer demand. The Rules describe a Request for Qualification process which has been in place for two years. Information Tables: Because thousands of people visit each of the markets weekly, many organizations, both private and non-profit, have requested tables from which to distribute literature, market products or solicit donations. The Rules clarify that tables may only be used to disburse information about City of Santa Monica activities. Public Outreach Notices of availability of the draft Rules were distributed to market participants and the Bayside District Corporation, the Pico Improvement Organization, the Victorian Restaurant, the Herita ge Museum and the MSBIA in early September 2009. The proposed Rules were posted on the Farmers Market website. The only comments received were from the MSBIA whose focus was the prepared food vendor section. Staff met with the MSBIA Board on September 8, 2009, and in response to their suggestions, modified some of the language in the Rules. Comments provided by the MSBIA in full are provided in Attachment B. The central policy issue related to the MSBIA's comments is whether restaurants from the local business district should be given preference in selection of prepared food vendors or should operation in the local district trump all other considerations, such as food quality, diversity of food choices, commitment to sustainability and food service experience. Staff recommends that all factors be considered in the selection of prepared-food vendors, with a preference for local restaurants, in order to ensure that all program goals for the 6 markets are achieved. MSBIAs' summarized comments and staffs recommendations follow: MSBIA Comments Staff Recommendations 1. Main Street prepared food vendors at the Applicants may submit any menu market must sell only menu items sold in items for consideration. In an effort their establishments. to promote the local business districts' established businesses, restaurants from the local business district who submit menus consistent with their established restaurant menu will receive the maximum points possible (20) in the business location category. When submitting alternative menus, restaurants from the local business district will receive the second highest score (15) which puts local restaurants on equal footing with other City of Santa Monica restaurants. 2. Delete preference for businesses with no It is important that .farmers and health code violations. vendors consistently comply with the Los Angeles County Health Code. Farmers and vendors who have received repeated health code violations are subject to dismissal from all farmers' markets. In response, staff's recommended language has been modified to state that preference will be given to applicants without a repeated history of market or health code violations. 3. Re-write prepared food selection criteria Providing sufficient variety to market to exempt MSBIA applicants from product patrons is important to the success mix evaluation and compliance with the of the farmers and the eritire market. Healthy Food initiative. Commitment to sustainability and healthy foods among prepared food vendors supports the markets' overall mission. To support goals related to diversity and sustainability, staff recommends that the selection criteria apply to all a licants. 4. 10x20 allocation of space to some Some applicants receive 10 x 10 vendors should not supersede MSBIA spaces, while others receive 10x20 7 applicants from obtaining space. 5. Length of Contract: MSBIA is concerned that a 3 year .contract is too long and denies new Main Street food establishments the ability to participate in a timely fashion. 6. Absence of the previously discussed point system to evaluate prepared food applicants. spaces. Flexibility with space allocation is important to alleviate line crowding and provide sufficient space for vendors to operate safely. ', Currently 4 of the 13 prepared food vendors at the Main Street Market have 10x 20 spaces. Staff is considering. offering prepared food vendors an agreement of up to three years. A participation agreement of three years provides vendors sufficient time to amortize their set-up costs and develop a customer following. In response to MSBIA concerns a rotating booth similar to that provided at the Wednesday and Saturday Downtown Farmers Markets is proposed to be available for Main Street food establishments on a rotational basis. A recommended evaluation score sheet has been attached (Attachment D) and includes evaluation of the following areas: • Food quality • Business location • Management experience • Ingredient sourcing / Sustainability • uiversrc 7. Absence of identification of a selection Staff recommends that each committee for prepared foods. adjacent business district be invited to designate one restaurateur to evaluate and rank applicants based on food ualit . Financial Impacts & Budget Actions. The recommendation presented in this report does not have a budget or fiscal impact; enforcement of these rules- and. regulations will be.done by existing staff. 8 Prepared by: Jodi Low, Farmers' Market Coordinator II Forwarded to Council: Andy Agle, Direct l~~ont Ewell Housing and Economic Development Manager Attachments: A. Santa Monica Farmers Markets Rules, Regulations and Policy Guide. B. MSBIA Letter dated September 11, 2009 C. Santa Monica Farmers Market Activities D. Prepared Food Evaluation Scoring Sheet CITY OF SANTA MONICA _ <,,.~, 3a nta Noaiea' Farmers Markets FARMERS MAREBTS 9 1901 Main Street, Suite F Santa Monica, CA 9Q405 10,458$712 -~ Fax 310.391.9996 tiv.farmersmaxketsmgov.net artnexsmaxket(a smeov.net F .,.. TABLE OF CONTENTS 2.2.2 Selection Criteria: Cemfied P~oducexs ................................... .........4 2.2.3 Additional Selection Criteria: Meat, Poultry and Dairy ......... .........6 2.2.4 Additional Selection Criteria: Nursery Stock .................. .........6 1 AUTHORITY TO OPERATE .................... 2 PARTICIPATION ......................................... 2.1 SMFMS ORGANIZATION 2.2 CERTIFIED AGRICULTUI 2.2.1 Required D 2.3.5 2.3.6 2.3.7 Additional Selection Criteria: Producexsof Fish and Shellfish.....6 Second Certificate ...................>~i.............................................. ..........7 _Partnerships .......7 .........................................................:.. ..........8 Gmwing Practices. ......................................................... ..........8 Organic Pxoducts ....................................................................:.. .......... 8 `r`tIfl Chemical" "Pesticide Free" labeling .............................. ..........9 3D SECTION ...........:................................................................. ..........9 Non-certifiable Processed Agricultural Products ................... ..........9 Prepared or Pre-Packaged Food .......................:...................... ........10 Featured Restauxants .................................................................. ........11 Wild Harvested and Foraged Agricultural Products .............. ........11 Sellers of Wild-Caught Fish and Shellfish ............................... ........12 City Departmental Information Table ..................................... ........13 Farmers i~tarket Management and Information Booths ........ .......13 TABLE OF CONTENTS 2.3.8 Retail ............................................................................................ ........13 2.3.9 Musical Entertainment ....................................................: ......... ........13 2.3.10 Children's Activities ................................................................... .......:14 2.3.11 Market Sponsored Consumer Education and Outxeach ....... ........14 2.4 TERMS OF PARTICIPATION ......................... ........( ,,. .................... .......14 2.4.1 Certified Producers and Producers ....... ~- .................... .......14 2.4.2 Vendors ....................................................................................... .......14 25 HOW IS STALL SPACE ALLOCATED?......` .......:: ~ . ................... .......15 2.6 `~O ASSIGNMENT" (CHANGE IN OWNERSHIP OF FARM OR BUSINESS) ................... .....,,.-. ......... - ......... ........ .. .......13 2.7 INFORMATION DISCLOSURE STATEMENT ' .............................. .. .......15 2.8 OTHER ACTIVITIES ..............................:.r:........................a................................. ..:....16 2.8.1 Fiimuig .................. ....,.t:- .............................. .. .......16 2.8.2 Signature Gathering/petitioning/I,eafleting .......................... .......16 2.8.3 Product sample distribution.... .....:; ................... .......16 3 DOLLARS AND CENTS ..............._. ........ ......: ...................................... .......17 3.1 ~ .PRICES & N,CONEY HANDLING .................... ~ ........................................ .......17 3.1.1>. Product Pnces.....~= ............................................................ .......17 3.1.2 . -. Money handling... . ........................................................... .......17 _.. - '3.1.3 !. ' ' ,Refunds ......,.: ............................................................ .......17 3.2 LOAI3:SHEETS......i~ ................................................................................................. ......17 3.3 RATES AND FEES.,..: ................................................................................. ......15 ?`, 3.4 BILLING .................................................................................................................... ......18 3.5.: PAYMENTS ...................................................................................................... ......18 3.6 ..DELINQUENT ACCOUNTS ................................................................................ ......18 3.7 RETURNED CHECKS ....................................................................:....................... ......18 3.8 .CREDITS .................................................................................................................... ......18 3.8.1. Assistance Program Participation ............................................... ..:...18 3.9 OTHER COUPONS ................................................................................................. ......19 3.10 DONATIONS ............................................................................................................ ......19 3.11 SALES TAX ................................................................................................................ ......19 TABLE OF CONTENTS 4 HEALTH, SAFETY &CONDUCT ............................................................................... ......................21 4.1 ABSENCES ................................................................................................ ......................21 4.2 ANIMALS ................................................................................................... ..-.....................21 4.3 CLEANING STALL SPACE .................................................................. ......................21 4.4 COMMERCIAL RESALE ........................................................................ .....................22 4.5 COURTEOUS CONDUCT ...................................................i:.:.:.......... .....................22 4.6 CUSTONIERADVISORIES ............................... ..:..... "".... .....................22 4.7 DECEPTIVE PACK .........................................................:>,................... .....................22 4.8 FIRE ...........................................................................................L..,...%......... .....................22 4.9 HANDWASHING ............................................._`...:..............................: .....................23 4.10 HEALTH CODE COMPLIANCE .................... ......... .... .... .........23 4.11 MINIMUM GRADE REQUIREMENTS......... , ........................ ..... .:.....~3 4.12 NOISE, DISTURBANCE OR INTRUSI©N.z: ......................... ..... ...:....23 4.13 NON-Mr1RKET RELATED ACTIVITIES.... ~ .. ......................... .....................24 4.14 PARKING .................:_.....:.:...,:...................................,::_......................... ...:.................24 4.1s PREVENTION OF HARRASSNIENT,N THE WORI~PLAGE .... .....................24 4.16 PUNCTUALITY........... ...:..... ._.,.;:. ........................ .....................24 4.17 SAMPLING>. ........ :~,...... ....... ......................... .....................24 ..4.1,7.1 Sampling Setup...., ....... ......................... .....................24 4.17.2 Sampling Procedures ............................................ .....................25 ` 4.18 SIDE SELLING AND'DI?S,PizERY .......................................... ....................2s 4.19 SMOKING......._..~ ...................................................................................... .....................ZS 4.20 SUBSTt~NCE USE ..................................................................................... .....................25 4.21 UNDER.RIPE OVER RIPE ................................................................... .....................25 5 SETUP & DISPLAY.......:" ...................................................................................... .....................27 5.1 '; STALL LAYOUT ....................................................................................... .....................27 5.2 a?TEIG~ITS AND MEASURES ................................................................ .....................27 5.3 LABELING &DISPLAY ........................................................................... ....................27 5.3.1 Closed or sealed containers ........................................... ....................28 5.3.2 Prices ................................................................................ ....................29 5.3.3 Organic Labeling ............................................................ ....................29 5.3.4 Signs and Posting ........................................................... ....................29 TABLE O F C O N T E b T S 5.35 Growing Practices Disclosuxe ................... .......................................30 5.3.6 Sustainability ................................................ .......................................30 5.4 SETUP & BREAKDOWN TIMES ....................................... .......................................30 6 AUDIT PROGRAM ......................................................................................... .......................................31 6.1 STALL SALES AUDITS .......................................................rz :.....................................31 6.2 FAR,YfAUDITS ....................................................................>~ :....::~.............................31 6.3 MYSTERY SHOPPER ............................................................. ......................................32 6.4 AUDIT PROGRAM PARTICIPATION......:., ...,.. .:.................32 7 bIARKET VIOLATIONS .........................................................'....:................. .......,.~~...........................33 7.1 DUE PROCESS ..............................:....:.................................... .................`..................36 7.2 NOTICE OF INTENT TO TAKE ACTION •: ......... ....... ,........36 7.3 APPEALS ....................................................:.........................>..:.. ......................................36 ..............................1 .............................. 2 .............................. 3 iv Stablished July 15, 1981, the Santa Monica Certified Farmers Markets (SMFMr) and accompanying programs are committed to promoting healthy eating and sustainable agriculture in California by providing fresh agricultural products direct from small farms to urban customers, thereby building cornniunity and preserving California farmland. The City of Santa Monica (hereafter referred'to as the City) oversees the operation and management of four Cerlifzecl Farmerr'Markete (G'FMr): Wednesday Downtown Market: The oldest farmers' market in -Santa Monica is held every Wednesday from 8:30 am - 1:30 pm on Arizona Avenue and 2nd Street. The Wednesday Downtown Market is in the heart of the Bayside Business` District and is adjacent to the 3rd Street Promenade retail businesses and restaurants. Each week over 8000 home shoppers, chefs and tourists visit the Wednesday Downtown Market in search of fresh produce and flowers as well as cooking inspiration and community. Saturday Downtown Market: The Saturday Downtown Market, also known as the Organic Market, is held every Saturday from 8:30 am -'1:00.. pm on Arizona Avenue at 3rd Street. The Organic Market boasts the largest percentage of certified organic growers of the City's four markets. In the heart of the BaysideBusiness District, the Organic Market is adjacent the 3rd Street Promenade retail businesses and restaurants. Each week aver 4000 local residents, 3rd Street Promenade patrons and tourists visit the Organic Market. Saturday Pico `Market: The Saturday Pico Farmers Market is held every Saturday from 8:00 am to 1;QO pm in Virginia Avenue Park. '°This market features locally grown produce and flowers as well as prepared'foods and breads. Each week over 3000 customers, primarily from the'Iocal neighborhoods, visit the Pico Farmers Market. Sunday Main Street Market: `The Sunday Main Street Market is held every Sunday from 9:30 am to 1:00 pm, in the Heritage Square parking lot. Participants include local California farmers, prepared food vendors, businesses from the local business district, children's activities and musical performances. Each week, over 5000 customers visit The Sunday Main Street Market. Visitors purchase produce, meet friends and family fox breakfast and lunch and often stay two to three hours enjoying the ambiance, music and food. A complimentary bike valet and validated parking are also available for customers. AUTHORITY T O O P E R A T E a~,~y~~~-~~by~s~~~ Hecr~h andAgiic~sl~ierz/WeghtrandMeaiurer card SarrtaMoracaCauntzl MFMs are CFMs operated by the City in accorda in California Administeative Code, Title 3, Chapte Marketing. These markets axe subject to all pe federal regulations and laws. All participating produc with the cureent Direct Marketing KeguLatianr and these Guide (hereafter referred to as "The Rules"). , In addition authority of adjacent ie City. The purpose of of all farmers' n Re~?ulations, all established E relevant state 9ngeles'Grunly Denerrts of ~~~~~~~~ >up 4, Article 6.5, Dsrect local, county, state and expected to be familiar Regulations and Policy operated under the to govern the operation, administeation and management control of the City. As set forth by the Direct Marketing s managing CFMs axe required to establish rules and is' rules and regulations maybe more stringent than those ~vded that thev do not violate or conflict with other ~agement and its designated agents will implement and enforce all Rules, and Policy pertaining to the operation and management of any Santa nexs Market (SM i~ in a fair and equitable manner. 7 PARTICIPATION ,V' TI7lS J'BGiZ012 t71212~YS ~ LjtIEJtZ017S O, f UVG/i ~l2.SN~1 ~JY71dZfGfJ 171C~i b2 SOIG~ yXhY tQ ~~ 2Y~JCIljJ2Y77211i'C!l2' ~IOLY SlQ~SIJQC7JQYL'Qll~ L~ $ Each market is divided into two. se Non-Certified Section. Certified ag Products may be sold in the Certifie products are products which are g under the jurisdiction of a County inspection and verification of com Code of Reetlations, Aretcle 6.5. ' eggs, none selling pro product to noted in shellfish pr ornia [CCR to a schedut~ market with LQV the Cext ' j~roducts m of the with nursery stocx ust also bring 22X1 Y/7C~i S2~C1t1h217ZL~22~ 22~7cI1 nY lJ a rl Z C ~k O l Z Z S d 2 /27 77 ZL 1? 2C ~ c d ll section and the Agricultural ~ agricultural tnd certified ~ommtsstoner xetauve to he provisions-af the California fresh fnuts,'nuts, vegetables, shell Z 1392.2(k)]. Certified producers e of the primary unprocessed Agricultural Products include'all certified agricultural products that ssed, those products other "than certified agricultural products 3922(1)...from any tree, vine or plan and their flowers (including Icts), livestock (including rabbits) and livestock products, and fish oduced under controlled conditions in waters or ponds located in 1392.2(m)]. Non-certifiable Agricultural products include: juice, dried fruits and vegetables, shelled or roasted nuts, fish and and poultry products, livestock and livestock products and dairy. ers found selling product not of their own production are subject violation which is grounds fox immediate dismissal from the statement of selling privIleges contingent upon a hearing. Non-certifiable Processed Agricultural Products, Detail, Prej~ared and Pre j~ackaged Food and entertairunent are all held in the Non-Certified Section of the market and must be designated as such. Nan-Certifiable Processed Agricultural Products are processed food products where the primary ingredient(s) are grown by a cexdfied producer but where the finished product is not certifiable by the County Agricultural Commissioner due to the addition of ingredients not produced by the certified producer. 3 PARTICIPATION All products and services sold or performed at the SMFMs must have the prior approval of the SMFMs management and are subject to available space. Additional product ox section specific criteria may also apply and are listed below. 22 CQf71Fl®ACC~ICUL7URALSECI"IQN Applicants may obtain an application from the SMFMs office or website and may submit applications and supporting documentation via mail, email orfax year round. 2.2.1 Required Documentation As proof of pxoducexship certified produ shall obtain, and submit upon request by copies of the following documentation: • t/mbossed C,eZZfzed. Los Angeles County as an " Certificate requirements ref participants and third • Map of Growing Ground • Apiary registration (if selling • dvocado;,exemptton!pernut or • • Board and where applicable 'ket management market (if selling avocados). taxable products). SMFMs management may require the certified producer or producer to provide additional supporting documentation and may either contact agricultaral inspectors in the county where crops are grown or conduct a farm inspection to verify production and quality. SMFMs management may verify information from other market managers or industry organi~atibns outside the City. 2.2.2 Selection Criteria: Certified Producers The following criteria, in no particular order, are used to evaluate potential market participants for the Certified Section of the SMFMs. • Space availability at SMFMs. 4 P A R T I C I P A T I O N • Preference given to growers with no prior violations of the certified farmers' markets program. • Desirability of crops -crops which are indemand, are one-of-a-kind or of exceptional quality or uniqueness, are preferred over crops already in sufficient supply at the market. e Product mix -products are admitted to the SMFMS with adequate variety to ensure a wide product mix and to fulfill consumer demand without creating a surfeit (glut) of any one product. • Length of stay -growers of short-season speciahy crops receive higher priority than growers of year round crops. Short season crops change frequently and afford a maximum number of producers access to selln space. • Fresh products are given priority over • Preference is given to applicants selling processed products that they process themselves vs. products taken to a pxocessing,facility (i.e. Dried fruit, juice, shelled nuts, etc) • Preference is given to applicants whose primary distribution is local, not • Products cannot contain genetically modified ingredients or be grown from eenetieallv entineered seeds. Preference is given to producers who follow sustainable farming practices Sustainable fartnnig'takes into account proximity to market, which for CFM purposes are all craps grown in California. Sustainable farming practces include organic (no synthetic products, regulated by State and Federal regulations), Integrated Pest Management (IPM), "Low Input" which refers to minimal use of synthetic fertilizers and pesticides, as well as other practices including crop rotation, crop diversity, water conservation, composting, use of cover crops to increase soil fertility and any methods that use natural means to control weeds, pests and disease. Sustainable farming practices also include fair wages for workers and humane treatment of farm animals. • Credit history. Certified producers and producers not invited to participate in SMFtYIs at the original time of application will be placed on a waiting list fox 12 months and will be reconsidered as space becomes available. 5 P A R T I C I P A T I O N 2.2.3 Additional Selection Criteria: Meat, Poultry and Dairy • All meat and poultry sold at the SMFMs must be processed at a United States Department of Agdcultare (USDA) approved processing facility in accordance with the Federal and State meat processing standards. • No livestock, meat, or dairy goods in which growth hormones, such as rBGH, were administered may be sold at SMFMs. • Preference is giving to grass fed and finished meat • Preference given to producers of livestock, meat and dairyproducts that have a "Certified Humane" designation from Humane Farm Animal Care (wwcv.certifiedhumane.org). • Only farmstead cheeses (made by thee: producer) maybe sold at the SMFMs. Cheese and processed milk products sold at the Santa Monica Farmers Markets S1l~IFNIs must come from themilk of animals that are owned by the Producer. Proof of ownership of dairy animals must consist of but is not limited to one or more of the followine documents: o Market Milk 0 B) pemut fox 0 Application and Registration 2.2.4 Additional Selection Criteria: Nursery Stock Stock consists of potted plants, trees or nursery starts where the seller has ;d propagation, gemunation, planting of cuttings, or division work. • Products sold must be a higher value than the container in which they are sold. • Certified producers shall not purchase plants fox the sole and immediate intent'to resell them without sufficient propagation or growing time; the adequate length of time. See Attachment III. 2.2.5 Additional Selection Criteria: Producers of Fish and Shellfish Aquacultare operators who sell products from controlled ponds or waters are considered non-certifiable agricultural producers and may sell in the certified section of 6 PA RTICI PATI OP7 the market Aquaculture operators are required to submit to SMFNIs current documentation that verifies production including but not limited to the following: ® California Department of Health Services Shellfish Growing Area Certificate. ® Proof of control over the pond or waters. ® State of California Depamnent of Health Services Food and Drug Branch Shellfish Handling and Marketing Certificate. , 2.2.6 Second CertiFca9e Second ceytifzcater (certified producers selling certified agricultural products on behalf of one other certified producer) are admitted ta;the SMFMs based on the criteria listed in section 2.2.2, in compliance with CR1392.4 (g) and the following additional restrictions.. e A certified producer shall not represent, nor be represented by more than one other certified producer in a 12 month period. ® The name of the certified producer for whom another certifted producer is selling shall appear on the certificate of the person selling his/her products. ® The name of the certified producer who is selling the products of another, certified producer shall appear on the certificate of the person for whom he/she is selling. [CR1392.4(g)(4)]. ® The certified producer selling for another-certified producer shall be selling or offering fox sale certified agricultural products which he/she has produced and which are;greater than the amount by volume offered fox sale for the other certified producer at the beginning of each day of sale. A certified producer who sells certified agricultural products on behalf of another cerrifiedproducer or whose products are sold by another certified producer at the SMFMs shall keep fox a period of not less than three years, the following documentation: [CR1392(g)(9)]. and amount of products transferred by variety. (2) Date and amount of products sold by variety. (3) Names of both certified producers involved. 7 PARTICIPATION • Certified producers growing cut flowers and nursery stock may only sell product of their own production. • The product being sold is not available except on a second CPC. • Absentee certified producers shall be given notice of one year's selling season if their product is no longer needed at SMFiVIs. • Each certified producer will receive a separate load sheet and is individually responsible fox stall fee payments. Certified producers may only sell for or be represented by one additional certified producer in any 12-month period. If absentee farmer is unable to identify the quantity or identity of their crop(s) being sold at the market, that producers selling privileges will be revoked. 2.2.7 Partnerships Certified producers in partnership, with sharecropping,agreements or similar as described in CR1392.9.1 who: are issued a CPC are subiect to the same n and restrictions and application procedures as listed in sections 2.2.2 and 2.2.6 of The Rules. 2.2.8 Growing Practices All certified producers, including certified.. organic fanners,. are required to submit a Groaanng PraeLicealnformatzon Form that lists the methods used to conteol weeds, pests, soil fertility and visual appearance of their produce., Growing Practices Information forms are available for review by customers. Certified producers and producers are responsible for keebin~ Growing Practices Information forms current and accurate. 2.2.9 producers selling oxgaruc products in California must comply with the Organic Products Act of"2003 (COPA), effective January 1, 2003. Certified„.producers engaged in the production of agricultural products sold as organic and who sell over ~5,000`annually, must register with the agricultural commissioner in the county o£'principal production prior to the first sale of product, and then annually renew their regist[ation with the secretary of the Department of Food and Agriculture unless no longer engaged in activities requiring registeation [COPA 46013.1 (a)]. All products sold`'as organic in CFMs shall be certified by a federally accredited certifying agent registered with the secretary of the California Department of Food and Agrcultare (CDFA). Federal organic accreditation remains in effect until it is revoked or the farmer withdraws from the organic certification program. 8 PA RTI CIPATIOPI Certified producers who sell less than X5,000 annually in organic agricultural products may claim organic practices without obtaining certification or registration documents. Although exempt from certification, these producers must abide by the national and state standards for organic products and may label their products as organic. If a certified organic producer also sells produce that is not organic, the non-organic produce shall not come in physical contact with the organic produce at any time during handling, shipping or display. Non-organic produce must be displayed in a manner that separates it from the o bo~anic produce with a physical barrier, and non-organic produce must be clearly labeled and identified as such by means,of a sign stating " 1Von Organic" or "Conventionally Gown" in letters at least 2" high. Certifiedorganic producers must have a copy of their current organic registration and certification documents on display at their stand while at the SMFMs. The farm address and the gross sales figures maybe redacted fox purposes of privacy.t ,'~ 2.2.70 ~No Chemical" "Pesticide Free" labeling Certified producers may use the terms "No Chemical" and "Pesticide Free'' to advertise their products. As noted above in Section 2.2:8 Growing Practices, all inputs shall be fully disclosed. The term "No Spray" may not be used since it is vague and misleading. 23 NOMCERTIFImSEC770N Applicants may visit the City's Finance website year round to sign up as a vendor and will be notified when the application periods opens. 2.3.1. Non-certifiable Processed Agricultural Products Non-Certified Sectian Non certifiable processed" agricultural products which are not The non-certified reckon is ertablirhed by the permitted in the certified section may only be sold by certified SMFMr to provide ancillary actitiitier producers in' the ,non-certified section of the market. Non- productr and rervicer that enhance the market ' certifiable Processed Agricultural Products include prepared or ambiance. packaged foods where the primary ingredient(s) are grown by the market participant and have included pesto, olives, and nut brittle. A CPG is required to substantiate the certified producers claim to growing the primary ingredients in Non-certifiable Processed Products. Certified producers ofnon-certifiable processed agricultural products are subject to the same documentation and selection criteria as certified producers Section 2.2. ~ California Organic Products Act of 2003, National Organic Program. 9 PARTICIPATION 2.3.2 Prepared or Pre-Packaged Food Prepared and pre-packaged food may only be sold in the Non-certified Section of the market. Prepared Food is prepared on site such as omelets, burritos and pancakes. Pre-Packaged Food includes food prepared and packaged off site in a certified kitchen such as chocolates, breads and sandwiches. In order to be eligible, applicants must obtain and present appropriate documentation which may include, but is not limited to: ® Annual Health Pemut fox processing Board of Equalization Permit (for products). ® Temporary Field Event Health Pam quarterly) issued by the Los Angeles Department of Health. Prepared and Pre-packaged food ,vendors may apply through a l~equert for Proposal (kFl~ process. The evaluation criterion for prepared' and pre-packaged food applicants includes, but is not limited to: that is fresh and tastes for products that incorporate California-grown, sustainably ox organic ingredients. (Purchasing produce from SMFMs certified o First preference given to applicants whose established restaurant resides within the Iocal business district of the market to which they o Second preference given to applicants whose established restaurant resides within the City of Santa Monica. preference given to applicants with established restaurants ig outside the City of Santa Monica. o Last preference given to itinerant food businesses residing outside the City of Santa Monica. * When appl}angwith existing restaurant mevu items. Otk~envise~cill receive second preference Icvel [wivts as a City ofSanta Momta Business. 10 PARTICIPATION • Preference for products that ensure a wide range of offerings to adequately fulfill customer demand and provide a supportive ambience to the market. • Preference given for applicants with more experience selling or producing food in a temporary outdoor setting. • Ability to meet City sustainability measures and Healthy • Preference given to applicants with no repeated code violations. • Years of service at the SMFMs. • Space availability at SMFMs. 2.3.3 Featured Restaurants Market management may create a Featured Rest; one food establishment per week from the local listed on their established restaurant rsienus. All hold a current Ciry business license in the busir market has a Featured Restaurant program.' -! placed in the next quarterly rotation schedule v proportion. ~, `vendors must obtain and is not limited to: products). Initiative. or health at the SMFMs ta;allow t to sell prepared foods ilng to participate must xe the farmers ' establishments will be led applicants in equal required documentation Health Pexrnit (renewable quarterly) Department of Health. Foraged Agricultural Products Wfld harve Section of appropriate d agricultural products may only be sold in the Non-certified In order to participate, vendors must obtain and present n which may include, but is not limited to: • National Forest Collectors Permit. • Temporary Field Event Health Permit (renewable quarterly) issued by the Los Angeles County Department of Health. 11 raa-recePaTOON 2.3.5 Sellers of Wild-Caught Fish and Shellfish Wild-caught seafood and shellfish may only be sold in the Non-certified Section of the market. All fish sold must be harvested from awell-managed fishery in properly licensed boats in which sustainable harvesting methods axe employed, in accordance with the Monterey Bay Aquariums Seafood Watch program. Wild caught seafood and shellfish vendors must obtain. and present appropriate documentation which may include, but is not limited to: • DMV Boat registration. • Commercial California fishing license'issued by the California of Fish and Game. • Boat registration • Processers and Fish and Game. by the California by the • Temporary Field Event Health Permit or Vehicle Pernut issued by the Los Angeles and Department of quarterly) or a parm7ent of Health. not limited to: licants'selling fish and seafood which is caught, in California coastal waters. given to applicants selling their own catch. is giving to applicants selling their own catch and of others who fish. riven to fishmongers who contract directly with people • Any fish or shellfish purchased at a commercial/wholesale fish market is not allowed to be sold at the SMFMs. • Seafood or seafood products made from species that are overfished or unsustainably farmed as identified by the Monterey Bay Aquarium's Seafood Watch program will not be admitted to the SMFMs. 72 Selection criteria fox seafo< P A R T I C I P A 7 1 0 N 2.3.6 City Departmental Information Tabie Subject to space availability table space at SMFMs is provided only for City departments to distribute information to market visitors. 2.3.7 Farmers Market Management and Information Booths Market management or a designated representative can be found at the information booth of each market during operational hours. Irformati displayed at the information table is limited to: (1) City of Santa Monica publications (2) Publications featuring the SMFMs or participating producers (will be labeled with city logo`and article 2.3.8 Retail SMFMs held on private property may have a retail section in the Non-certified section to allow retailers from the organized Ioeal business district to sell products normally sold in their stores. All retailers wishing to participate must hold a current City retail business license in the business district where the market has a retail section. Retail businesses participation is handled through the organized business district which has an agreement with SNIFMs. . 2.3.9 Musical-Entertainment Subject to space availability„ musical entertainment is allowed pursuant to local regu}ations. i!%Iusicians selected to perform at the market(s) may distribute promotional flyers and/ox sell .promotional CDs and 'tapes during their scheduled performances. Other promotional materials such,as shirts, stickers, etc. are not allowed for sale. l Entertainers may apply to"'perform at SMFMS during the open application each year by responding to the I~equert for Quaycation (RFC. A selection a includes. but is not limited to: • • Qualitvtof music • Preference is to give oppomuuties to many different musicians. • Experience performuig in outdoor venues • Previous performance success and behavior 13 PARTICIPATION 2.3.10 Children's Activities Subject to space availability, children's activities axe allowed pursuant to local regulations and may include, pony rides, arts and crafts activities, face painters, and performers. Children's activity performers may apply to participate at SMFMs by contacting the administeative offices. All applicants will be accommodated on a space available basis. Once conducted through an RFQ process. Selection crit ® References ® Appropriateness of the activity 2.3.17 N-arket Sponsored Consumer SMFMs management encourage) intended to promote healthy eats may include, but is not limited to demonstrations. California fa )ietidan, the selection will be .not limited to: er Education that is and sustainability and ;,Crardeners, and chef ZA TERMSf~PA~tTIC1E'A77~1 2.4.1 Certi£ed Producers and Once selected period, certifi< annual review. ~s and.. producers will be offered a three Ixoducts to be sold and the markets they rtices of violation during the three month will be awarded a stall space subject to Certified producers and producexs`must provide SMFMs management copies of CPCs annually, if there axe changes to the CPC, continued participation in SMFMs will be determined in accordance with the Rules and/or admission of changed product mix will be subject to selling conditions as stipulated in a selling agreement. Z.a.a The terms of" participation for vendors who are selected through a RFP or RFQ process will be set forth in a selling agreements and/or contract. During each RFP process, staff will determuie the duration of agreement and number and type of vendors to be included in each market. Should a vendor not be able to fulfill the terms of the agreement the next eligible vendor from the initial RFP process will be offered a stall space and selling agreement for the remaining term of the departing vendor. 74 P A R T I C I P A T I O N Market participants are granted one selling space and may not occupy two separate selling spaces or sell outside their assigned space under the same CPC. Every effort is made to assign permanent space locations to market participants. This ensures continuity, which is beneficial to the participant and to the overall operation of the market. Occasionally changes must be made in stall assignment location. Such decisions are made at the Manager's discretion for the benefit of overall market operations. The following evaluation criteria will used when making stall assignments: e Need to alleviate chronic overcrowding. ® Reallocations will make better use of the ® Need to alleviate potential health, safety risk or ® Empty spaces which need to be 26 ' '( IN IP~FN~IIIOR~SISINESS) There is no assignment of a selling space in the market in the event a participating farm or business is sold. New owners must apply, for a selling space and will be considered in accordance with criteria set forth in this chatter. 27 All about SMFMs are subject to full disclosure to the public. For markets, SNIFi~I may promote and share information ucts, production or growing methods and photographs. their cpntact information shared may complete a "non- 15 PARTICIPATION 28 aCiNR1ES All S'~`bIs are open to the public. As such, they attract a variety of activities not related to the SMFMs mission. The most common activities and the rules which regulate these activities are listed below: 2.8.1 Filming Filming is allowed with prior approval from SMFM management and a valid film pemrit issued by the City. An additional permit from the Bayside District Corporation may also be required to film in the area designated as the` Bayside District. 2.8.2 Signature Gathering/petitioning/ Leafleting Signature gathering and petitioningare allowed as free speech activities. 2.8.3 Product sample distribution Only market participants may offer product samples within the 16 DOLLARS AND CENTS rt Thin rectlonprzret~i~afarrnutionaboirtrfcrllcrndotlierfees 3.1 PRICES & M~IEY HANDLING 3.1.1 Produc4 Prices Product prices are set by the individual market part posted. Collusion among market participants to set 1 3.1.2 Money handling All market participants are expected to be accurate ira advisable that each farmer have in place acash handl monetary transactions maybe mediated ona case by with final resolution determined by market ruanagem 3.1.3 Refunds crnd~rriczr. All prices must t strictly forbidden. qty transactions. It is . Disputes over by market management Market participants are +eneouraged to give customers the benefit of the doubt and offer a full monetary refund or replacement of equal value when purchases are disputed. Return or exchange policy shall be posted in writing at the stall. SMFMs,participants will complete and tum in a daily load rbeetfor record keeping and billing purposes Marketparticipants shall declare gross sales on load sheets. Load sheets must be filled out completely noting the volume of commodities brought in, the volume of commodities sold and gross sales per commodity or commodity group. SMFMs management will monitor sales reporting as necessary to check for accuracy. [CCR1392.9 (6b)]. 17 DOLLARS AND CENTS Sales Monitoring To.read more about rates monitoring stall or farm audits and violation penalties, please see page 9. Rainy Day Fee Po/icy Marketr remain open an rainy days and stall fees will be collected on ary sales that take place. ~ ~ Schedule of fees is shown Attachment II. 34 BIWMG Participants shall be billed for all stall fees at the beginning of each month and payment is due upon receipt. 3S PA Payment of stall fees must order (cash is not accepted). each market, or mailed upon receipt of the monthlyinv€ 3.6 1~7.JNQlJEM ACCaJNis Payments are due upon receipt. If date of the invoice, account becomes by check or money e made at the end of within 30 Market participants whose accounts are over 61 days past due, will be suspended' from participation in SMFMs until the balance is brought current. Thereafter, market participants shall be placed on a weekly payment plan for six months for the first occurrence and indefinitely for `any futuee .delinquencies. Weekly payment plan participants must pay their stall fees in full at the completion of each market attended. 37 REB1JRt~ CIiC-CK$ Checks returned to the City for insufficient funds will he charged a $25.00 penalty for the first occurrence and $35.00 fox subsequent occurrences in addition to the amount owed. Thereafter future payments shall be made a certified check ar money order. 3$ Market participants will receive credits toward their stall fees for a variety of items, including food stamps, farmers' Market Nutrition Program (FNIlVP) coupons, marketing coupons, items purchased by the market for use at the market or accompanying programs. When applicable, credits will appear on the monthly statement. 3.8.7 Assistance Program Participation SMFMs participants (where applicable) are required to accept SMFMS $1.00 scrip tokens issued for food stamps (EBT) and Women Infants and Children (WIC), IivNP, and Farmers'MarketSeniorNutrition Program (FMSNI'~ issued in $2.00 denominations, and must adhere to all assistance program participation rules and guidelines. As change cannot be given, producers are expected to assist WIC and EBT customers by providing produce in $1 or $2 increments. 18 s P DOLLARS AND CENYS ~ ~~ SMFMs occasionally distribute or sell gift coupons to individuals or groups. All market participants axe required to accept these coupons in lieu of cash. At the end of each market day, coupons must be noted on the load sheet in the appropriate box and turned fox a credit at the SMFNIs Information Stalls. Credit vouchers may not be deducted from participant sales. Credit vouchers are applied toward future billings and are indicated on statements. 3.10 TION.S Occasionally, SMFMs are asked for food donations to support various organizations, causes or events. When asked, management may,forward a letter detailing the type of donations requested, date and tithe of pick. up,and provide a brief summary of the event or organization. Donations are expressly for the organization requesting and donations are entirely voluntary. Producers wishing to donate may request a receipt from the requesting organization. 3.11 SALESTAX Market participants will be individually s and federal laws. State sales tax.. shall be food items or prepared food a required by law. Market panic Equalization Permit listing the ~nstble tgrcontoxmance to local, s~~tc ected by tnaxket participants of non- to the State Board of Equalization as taxable items must obtain a Board of sales location. 19 H EALTH, SAFETY 8 CONDUCT r a i g Thzr.reck'ari dercribesantstmularzlrfor standcm~r~are.retforthan reckore7Mcrrkel U conduct. Vwl~dioncof tyre 4.1 ABSO~ SMFMs management endeavors' to ke Market participants who will not,be ai manager prior to the date of absence. market due to unusual circumstances- o~ route to market must contact SMFMs m< confirm a selling space for the following each selling space occupied each week. ding the market must notify the market atket participants cvho cannot attend the r `emergency such as truck breakdown en ;ement within 48 hours after market day to No live animal. shall be kept ox allowed within 20 feet of any area where food is stored or kept for sale in accordance with California Retail Food Code as it exists ox may be amended. With the exception of service animals and animals kept within the cab of a market participant's vehicle, no animals are allowed at SMFMs. Market participants are required to maintain their individual selling space in a clean, safe and sanitary manner during the course of the market, including protecting the pavement from drips from any part of a market participant's vehicle and/or from food prepared or sold in the stall space. Market participants are responsible for bagging and placing all teash in the appropriate dumpstexs (produce waste, overripe or leftover produce, boxes etc.) and disposing of waste water (from sampling set up or flower buckets, etc.) in the sewer system at the close of market day. Waste water may not be dumped in the steeet, in planters or in storm drains. [City Codes 7.16.020, 7.10.040 and 5.20.010]. 21 HEALTH, SAFETY & CONDUCT Cleaning Vio/anon Market j~arlicipantrwha do not dean their mall dace to market.ctandarcdc may be cu ject to violations and fznec. See aeclian 7 Market Violations > page 33. Each market provides a designated trash disposal receptacle for such waste, or the market participant may take it home. Market participants are not permitted to dispose of produce waste, overripe or leftover produce or boxes in any receptacle not specifically designed for that purpose. Produce and compostable waste shall be placed in appropriate receptacles. qvq rt~c®® F Certified producers may sell to chefs, programs provided that the seller issues a n. IRQ. 'T'his ensures produce sold or consumed by an ei can be traced back to the certified producer. Commet must comply with pertinent labeling and packaging xequir Assembly Bill 2168 stipulates that commercial resale of CFM as long as the produce is sold in compliance with fox packaging and ]abeling. Products not covered. in s packed and labeled with Identzty.Kecponribility~arantity (IRQ and market basket iemorandum" listing c than the purchaser market participants may take' place at a code 4S CJ Market participants are expected'to conduct themselves in 'a safe and courteous manner at SMFMs. No rude, abusive, insulting, disruptive or threatening language ox behavior is pexrnitted. Market participants found violating this rule are subject to a Market Tliolation SchedirleA.which is grounds for immediate dismissal from the market with reinstatement of selling privileges contingent upon a Hearing. ~:r sampling or sates of Clear signage with le high stating the marke Hosted at the stall. Qua/ity ofProduct Santa Monica Farmers Marketr atz dedicated to offering the bent quality produce. to any customer. least two inches uts' tsolicy shall be Comp/amts Com~ilaintformr are available at 'the market.` S'IVIFMr management aarill respond to customer comj~laintc ' with tzya aveeks of receijit. Pre-packed items must clearly indicate the representative size and quality of all items in the container offered for sale. 4.8 FlRE Market participants shall comply with all City Fire Code and Regulations HEALTH, SAFETY 8 COHDUCT IiAN~NASHING Market participants must wash their hands before returning to work from a food or restroom break. 4.10 HEALTH The activities at a CFM are covered by County Health Codetas contained in the California Retail Food Code SMF1tiIs are considered a "Nonpermanent Food Facility" under California Retail Food Code and operate under a Public Health Operating Pemrit. Health Code compliance at a CFM includes, but .is not limited to the following: a. All food shall be stored at least six inches off the ground or as othe approved. b. No animals other than service animals are pemritted within twenty any temporary food facility or certified farmers market. , c. Prepackaged food shaltbear a label that compfles with the labeling requirements prescribedbgthe Sherman Food, Drug and Cosmetic Law. d. No home processed foods `shall be sold at SMFSs. All food products prepared fox resale at SMFMs must be prepared in a Health Department licensed facility, and a copy of the facility's heakh permit must be kept at the seller's stand," _. e. Food preparation is prohibited at certified farmers' markets with the exception o€ food samples. Distribution of food samples may occur provided follow California Retail Food Code and section 4.17 of the Rules 4.11 MINIMUM G REQUI Commodities brought to market or offered for sale are subject to inspection at any time by a SMFM Manager or authoiized person. Produce must meet minimum grade requirements, and must represent`a "field ruri' or better quality range. Containers of culls only will not be pernutted for sale unless the producer is also selling the same product at a "field run'" standard or better. Culls must. be clearly ]abeled as "culls", "overripe'; "canning grade" and priced accordingly. Any product not meeting USDA minimum quality standards may not be sold at any price at SMF~Is. Produce offered'for sale in containers or packs must not exceed California Department of Food and Agriculture (CDFA) tolerance fox spoIlage and waste. 4.12 NOISE, ORI Radios and music played by market participants shall not be audible to customers during market hours, set-up and breakdown. No loud hawking or shouting to 23 H EALTH, SAP ETY & CONDU CY promote products is allowed. Any disruptive action, including rough housing or throwing of items, is prohibited. No bicycling skateboarding, roller-skating, or riding of scooters is permitted in SMFMs. 4,13 fiElA1'ED Sales of products not otherwise listed on the producers CPC or,Selling Agreement is strictly prohibited while operating at the market. Market bags maybe given away with a minimum purchase with prior approval from SMFMs management. 4.14 PARMOIVG When possible, market participants will be provided vehicle parking at their stall space, When space is not available, market participants must park off-site in designated off- site market participant parking. Market participants and their employees shall not park vehicles or trailers in lots or at meters adjacent to .the Saturday Pico Market or the Sunday Main Street Market. Upon closings participant vehicles must be moved to accommodate market clean up. Market participants may not leave vehicles parked an the market site after the close of the market 4.15 Market participants must comply with the Calfarnia Department of Fair Employment and Housing Guidelines on the Prevention of Harassment in the Workplace. 4.16 1'UNCi1)AlJi'Y s Market partcipants are expected to arrive on time. To ensare safety, market participants arriving late must be escorted intp the market by authorized personnel or may be asked to Ieave their vehicle outside the market boundaries and walk their product into the market: i 4.17 SAN~LJNG -. Distribution of food -samples may occur under the following sampling setup and Sampling 1. Water container with downward-facing spout (fox hands and produce 2. Non-absorbent cutting board 3. A knife used exclusively fox sampling 4. 1% chlorine solution fox sanitizing the cutting knife- 100 ppm (1 /2 oz. per gallon) for four hours. Litmus strips axe available from manager to test fox concentration 5. Liquid pump soap dispenser (bar soap is not acceptable) 24 H EALTH, SAFETY 8 CONDUCT 6. Single use (paper) towels 7. Cover (sneeze guard) fox cut samples 8. Single-serve toothpick dispenser or tongs for handing out samples 9. Bucket to catch wash water. 4.17.2 Sampling Procedures 1. All produce must be washed in potable water water shall be collected in a receptacle and di= 2. Bucket containing wash water must be dispos system or taken home for disposal., Wash wai planters or storm drains. 3. Samples must be cut out of reach of c'ustome~ protective cover. Cut samples must be kept c 4. Clean, disposable plastic.gloves shall be used 5. Samples must be served to customers on a toy Eore cutting and waste sed of at an approved site of in a public sewer may not be dumped in nd under a canopy or axed. ` .n cutting food samples. pick or with tongs 6. Samples shall be kept in approved, clean, covered 7. All food samples shall be distributed by the produ 8. Portioning, for example selling half of a watertneli squash shall comply with section 49c and d of thi 4,18 ex in a sanitary manner. `i or portions of a large document. ~r distributing products at SMFMs management. 4,19 is prohibited at SMFNIs.4'The Ciry prohibits smoking within 20 feet of all exits and opezt windows of buildings open to the public. Violations are > fines of up to X250 issued by the City of Santa Monica Police. Market its, who smoke,:: must wash their hands prior to returning to their stall. 4.2a Consumption of alcoholic beverages or any controlled substance while at the market is prohibited and is a schedule A violation, which is grounds for immediate dismissal from the market with reinstatement of selling privileges contingent upon a hearing. 421 UN@~RRIPEOVERRBPE If produce is overripe and must be consumed the same day, the customer must be informed in advance of the sale of the products. 25 'r SEYUP & DISPLAY T~7Lf.fCCE1012 CiGfCZGCf2LJ~J'E~ZL~J 91~l7Ytd~01~lZ ~1111P~Q1?~~72~72gC~L~lu'`~7YL~ZtCl2"{712n~f. ~Zf thCgc~rllrf LIZ.SI~'M.fLa/lCL1.CWCIS~C~aPJ~7E~lCQI~~JIPILfLiZg971G1Y~ ~.~ srne a tAYaar a. Displays shall not extend into the walliway ox violate fire code. No boxes or produce displays may extend into the common customer traffic areas. b. Directional signs are permissible to guide and direct. Directional signs shall not impede pedestt7an circulation or safety. c. Market participants who display product orr a side ta61e must allow at least display fixtares+must be sturdy and not overloaded to a being fastened. Windy conditions may re not set up to standard shall be asked to up is corrected. 5.2'' W®GH7'SIlhIDNEASUF~S When any product is sold by weight, the scale used must be approved, tested and sealed by the County Agricultaral Commissioner, Sealer of Weights and Measures. Every scale in use at SMFMs must be sealed annually and display a current seal. Sellers are not permitked to use scales with expired seals. 5.3 LABELING & DISPLAY Market participants are encouraged to create attractive displays. 27 S E T U P & D I S P L A Y 5.3.1 Closed or sealed containers Closed and sealed containers must be properly labeled with the following information: 5.3.1.1 Certified and Non-CertiFable Agricultural Products 1. Contents (ff product is not readily identifiable), 2. Weight and grade (where applicable), 3. Name, address and zip code of the certified producer or producer. 4. If the package contains six items or less and: items are` visible and sold by count, a quantity statement is not required. 5.3.1.2 Pre-packaged and Nol Agricultural Products. FOOD prepackaged in a FOOD FACILITY shaIl bea a label that complies with the lalzeling requirements prescxil by the Sherman Food, Drug, and.Casmetic Law (fart S' (commencing with Section 109875)), 21C.F,R. 101-Food Labeling, 9 C.F.R. 317-Labeling, Marking Bevices, and Containers, and 9 C.F.R. 381-Subpart N Labeling and Containers, and as specified under Sections 114039 and' 114-039.1. .. Label information, shall include the 1 The common name of the FOOD, br absent a ~~~~` common name, an adequately descriptive identity statement. 2 If made from two or more ingredients, a list of ingredients in descending order of,predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the FOOD. 3 An accurate declaration of the quantity of contents. 4 ,The name and place of business of the manufacturer, packer, or S Except as exempted in the Federal FOOD, Drug, and Cosmetic Act Section 4030(3)-(5) (21 U.S.C.: Sec. 343(q)(3)-(5), incl.), nutrition labeling as specified in 21 C.F.R. 101-FOOD Labeling and 9 C.F.R. 317 Subpart B Nutrition Labeling. 28 SETUP 8 D I S P L A Y 5.3.2 Prices Prices must be clearly posted and legible. Collusion among market participants to set price or exertion of any influence, pressure, or persuasion to cause a producer to set price is forbidden by state laws. 5.3.3 Organic Labeling Certified producers who claim their produce is "organic" either in signs or in verbal claims, must be Certified and Registered Organic. A copy of the certification and registration must be posted at the stand. Portions containing sales information and personal contact maybe redacted for privacy purposes. ! '! ,, 5.3.4 Signs and Posting During selling hours the following documents, where applicable, shall be conspicuously posted at the point of sale: [CCR1392.4 (d)] £ Farm or business name,_ Signs must be legible with lettering at least 3 inches tall. g. Embossed cwsent Certified Producer's Certificate (CPC).. which must list "Los Angeles" as an Authorized County_ h. i. Current organic registration and certi5cation. Violations of National Organic Program regulations are a serious offence. All products advertised as organic must 6e listed on the State of California Organic Registration. j. When an organic grower is also selling non-organic produce at the same stand, the non-organic produce must be physically separated from the organic pxadq~e and clearly labeled "non-organic" in letters at least 2 " high. 7£. All applicable Health permits. 1. All applicable exemption permits. m. Other signs required by SMFMs management such as "WIC", "EBT Accepted Here" or management issued marketing posters and flyers. n. Prices must be clearly posted. o. Produce varieties shall be posted. 29 SETUP & D I S P L A Y 5.3.5 Growing Practices Disclosure Farming practices must be fully and truthfully disclosed. Refer to section 2.2.8 for growing practices disclosure documentation requirements. 5.3.5.1 No spray The term "No spra}~' is not allowed at the SMFMs as it is 5.3.5.2 No Pesticides or chemical free Claims of "no pesticides" or "chemical free" reporting on your growing practices informatio 5.3.6 Sustainability Market participants shall comply with the City,; which include, but axe not limited to the Zero Polystyrene Ban. Market participants are also sustainability programs which may be initiated by 5~ SERJP SMFMs hoars are as stipulated by to market opening and or after the or close the market early if exteeme by accurate ry.,programs and rogxam and the to comply with market participant may sell prior S'VIFVIs management may open exist. 3® AUDIT P R O G R A M ~ California Code of Regulations, tlrtide 65 Direct Marketing, Section 1392 -1392.1. 31 2. Market management and/or a designated representative visits the farm and documents production and growing practices at the farm. AUDIT P R O G R A M 3. A written report is composed and findings are presented to the market participant and a copy is kept in the certified producers' file noting any actions taken for violations or follow up. A copy of the written report may be submitted to the County Agricultural Commissioner. Certified producers and producers axe selected for Farm Audits based on, but not limited to the following circumstances: 1. When a certified producer or producer first applies to 2. When information is received requiring field 3. As part of the normal audit cycle. 6.3 MYSRES2Y SMFMS management may utilize mystery shoppers to all sales transactions. fi.4 AUDIT PART1gPATBON Market participants, shall cooperate with SMFM Mana€ audits or faun visits by SMFMs tiranagement or authoriz€ with audit requests shall result in a Market Violation sch immediate dismissal from the marketwithreinstatement upon a hearing. Market participants are responsible fox apprised of current address and phone numbers. m t requests fox stallsales son, refusing to comply A, which is grounds fox ing privileges contingent ng market management 32 MARKET VIOLATIONS ,SCd2~L1M0Y2CLLF'Ct/77ZCTS1~f 1~OLYCLIZOp212 a n d z~ x s t iga kng m m~ t vi o l a t i o t f s The SMFMs management and any other agentsassign fines, and suspensions, remove a market participant fi privileges at SMFMs conditioned ox limited for failure all other applicable federal, state ox local regulations a The Rules may result in penalties up to and including x all SMFMs. Market participants are responsible for the All violations will be noted to the Yable 1: Market Violations -:Schedule A. Violations listed in schedule A, are grounds for immediate dismissal from selling privileges contingent upon Market Participants submission of and S. corrective action plan or hearing as requested by the Market Participant. n~rfing o ao so may issue warnings; I any market, or have selling comply with these rules and aws. Failure to comply with cation of selling privileges at ions of their employees. file. trket with reinstatement of management approval of a Vio/ation 7.]A Producers selling product not of their own pxoductron 7.2A Physicahviolence ox threatening behavior to anyone 7.3A Rude, abusive; insulting disruptive orahreatening language 7.4A Under the influence of drugs ox alcohol 7.SA Refusal to participate in the stall of farm audit programs 33 MARKET VIOLATIONS Yable 2: Marke4 Viola4ions -Schedule B Violations listed in Schedule B will be documented in the market participants file and remain effective for 12 months. Vio/ation 9~~'OSense 2id Offense 3°'Offense Non-compliance with Oxal reprimand immediate 1 day suspension from the 'month suspension Exom all 7.1B local health department same SbIFM the follovng SMPMs regulations correcuve acuon week 7 2B Selling product not Oxal reprimand immediately 1 day suspension from the same SbfF`bI the fallo~mng 3 month suspension from all Bsted on CPC remove product from tables week- SMFMs 7.3B Selling product not in Oral reprimand immediately 1 day suspensiogfrom the same SMFM the following 3 month suspension from all selling agreement s remove pxoducffrom table. week SMFMs 7 4B False Organic Oxal reprimand immediately 1 day suspension from the ~ same SMFM the following 3 month suspenston from all . Mazketing remove product from table. s ;, week Si~IFIuIs, 7 SB Culls, poor quality, Oxal reprimand immediately i day suspension from the same SMFM the: following 3 month suspension from all overripe remove product from table. week ; SMFMs 7.6B Stall Sales Audit Discrepancy of 20% averaged aver 3 months Any combination. of four (4) Schedule B violations in a 12 month penod shall be cause fox a 3 month suspension from SMFIVIs with reinstatement of selling privileges contingent upon space available. s Sellers may not return with product, label or claim "organic" until it is amended on the CPC, Cettiftcation, selling agreement or Organic registeation (where applicable). An audit may be conducted to verify production of remaining products. A report may be made to the Seller's county Agricultural Department and other appropriate authorities. 34 MARKET VIOLATIONS Table 3: Market Violations -Schedule C Violations listed in Schedule C will be documented in the market participant's file and remain effective for 12 months. Vio/anon 1~r Offense T° Offense 3°`OSeese 4rh Offense ~" Offense: No show without 1 day suspension 1 day suspension 7.1C telephoning prior Oxal reprixnand Oeal reprimand Oxal reprimand from the same from all SMFMs to market start.4 wt~ note to file with note to file with note to Eile SMFM The the following followmg week week 1 dapsuspension 1 day suspension 7 2C Arriving after Oxa1 reprimand Oral reprimand Oxal repxunand from the same from all SMFNfs market start time.4 with note to file with note to Sle with note to file SMFM the ., the following following week week General stall setup Sales suspended Sales suspended Sales. suspended Sales suspended Sales suspended 7.3C not to standazd until set up is until set up is until set up is until set up is uaui. set up is correct correct sonect corxec[ 'correct Failure to sssbmit load list 7 4C i.oaa sheers are aae ac d,e Oral reprimand Oxal repxunand Oral reprimand Oral reprimand Oxal reprimand . ead oEeach marAce Coal sheers rill be ac<cpred r~ia twtlz note to file wtth note to file with note to file "with note to file with note to file Eae or called in on a case by case basis widiia 24 hours aEtev the rzavkec _- Failssxe to clean 7.SC stall space or Oral xeprunand Oral reprimand Oral reprimand Oral reprimand Oral reprimand leaving trash with note to file :.with note to file with note to file 3 wrth note to file with note to Eile behind Any six (6) Schedule C violations in a 12 month period shall be cause for shall be cause fox a one (1) month suspension from SMFMs with reinstatement of selling privileges contingent upon space available. + Emergency exception: If vendors miss a market due to an emergency, a 48 hour grace period will be granted. However, sellers must contact the Santa Monica Farmers Market via email or voicemail within 48 hours of the mazket start time to avoid a violation and ensure their space for the following market. 35 MARKET VIOLATIONS Table 4e Payment i/iolations 31-60 Days 69-90 Days (9s' offence) ' 61-90 Days (2'r offence) V!O/aPIOn From date of "' From date ofinvdice From date of invoice :'invoice Suspension from all markets until Suspension from all mazkets until balance is paid in full, including current balance is paid in full, including ' Failure to pay stall month's balance. Thereafter, required curren[ morida s balance. Thereafter, 7.1D fees on time Written notice to pay stall fees at the completion of required to pap stall fees at the each market day attended for six complettori of each. market day months. attended as long as a Market Pamcipant. Check returned due to y25.00 returned check fee for 15° occurrence, $35.00 for all subsequent occurrences. All future fees 7 2D insufficient funds must paid via certified check or money order 7.3D Failare to comply with suspension from all markets until account is brought current weekly payment plan 7.9 DUE Market management shall prior to expulsion from the 72 NOTICEOFI'' Market participant includes a suspens Notice shall: • State the sl • Be delivere imposition suspensior a,; Advise the due receive a written notice of Intent to ger than 1 day o"r expulsion from dls the proposed action. to all market participants Action if the action in person,or mailed to.the market participant prior to an f a fine, suspension or expulsion unless an immediate necessary to protect public health, safety or welfare. written appeal process of the proposed 7.3 Market participants may appeal a Notice of Intent to Take Action. In order to be granted a hearing, the market participant shall submit a written appeal stating the reasons for their objection within 10 days from the date stated on the notice. 7.3.9.1 Departmental Hearing: Upon timely receipt of a written appeal, the SMFMs management shall arrange a date and time fox the appellant to appear before a hearing panel which shall 36 MARKET VIOLATIONS consist of the Farmers Market Supervisor and the Economic Development Manager for a Departmental Hearing. The hearing date shall be within 15 days of receipt of the request. Departmental Hearings provide the participant an opportunity to present information regarding the Notice of Intent to Take Action. Departmental hearings shall result in a written decision issued upholding, reversing or amending the original proposed action. A decision will be issued within 10 days of the hearing and is effective'mmediately. All decisions are final 7.3.7.2 Departmental Hearing Appeal Farmers may appeal decisions resulting from a Departtnen€a1 Hearing to the Los Angeles County Department of Food and Agriculture. 37 GLOSSARY OF TERMS Thicglacrerry of terms zr provided to defzrie terror oral throughout this document for tl~ jnrrpose of pro,~ickrig cJcrrzty and consir~iu~! Thefzrstknteglorrary termsapjrarin The puler they will be itak~z~ecl ~~thed~r~ta,~~a~~~~~ua~~~sD ~g sec/zon 93922DefZ'nikoru Tl~sec~,~zrzitionsarz?~dzvithanasfefir, CDFA CaliEomia Department of Food and Agriculture. Certified Agricultural Products * Agriculmral products, which ate certified undo the }uxisdtction of the county agricultural commissioner relative to inspection and verification o£compliance with the provisions of the Baxdays California Code of Regulations, Article 6.5, include fresh fruits, nuts,_vegetables, shell eggs, honey, cut flower and nursery stnek. [CURFFL 27512 and CCR 1392.2(k)) Certified Farmers Mazket (CFM) * A location approved by the county agxicdlturalcommisstoneroEth~t county where agricultutal>' products axe sold by produces or certified pmdugers directly to consumers. A cemfied` farmer' market may be operated by one or more cerafied producers, by a nonprofit organization, or by a localgovexnment agency. [CCR 1392.2(a)] Certified Producer (farmer) * A producer authorized by the county agricultural commissioner to sell certified agricultural products, produced by practice of the agricultural arts upon landwhich the certified producer controls (land that the producer ox certtfied producer farms and orms, tents, leases or sharecrops), directly to consumers at a cemfied farmers' market "Certified produce" does not mean "Certified Organic." [CCR 1392.2(e)] Certified Producers Certificate (CPC)* A cemficate issuedby the CounTy Agrcultuxal Commissronex authorizing the transportation and sale of cexdfiedagriculmral products. CPCs list all products grown by a certified producer asivelI as the growing location and acreage,projectedytelds and harvest seasons [CCR 1392 2(f)} Consumex* j1) A customer who is an ead user,,, -~ (2)y Indrvduals, organizations, or emrties that subsequently sell the produce directly to end users (3) Individuals, organisations, or entities that distributed the produce drectly to end users at no costto those end u5exs. Drtect Marketing Regulations Cahfoxma Admmstrauve Code, Title 3, Chapter 3, Group 4, Arfide 6.5. Dismissal During a maxkek;;;market pazricipant who aze dismissed shall pack up their goods and leave the market premise Electronic Balance Transfer (EBT) EBT cazds axe plastic debit cards used for food stamp benefits, making the issuance of state public assistance and federal food stamp benefits faster and easier through the use of electrahic transactions. To participate in the EBT program, farmers' markets axe required to urea scrip system. At the SbIFMs Scrip is a currency, in the Eorm wooden tokens designed by the SiblFivls name in denominations of $1.00. Clients caa use their EBT card to purchase scrip from the market at a central location and then use the scrip to purchase eligible food items from farmers at the market. At the end of the day, Eaxmexs are reimbursed by the market Eox the amount of scrip they received. Employee* Any person employed by a certified producer at a regular salary of wage; on either a full or part time basis. It does not include a person who is reselling or whose compensation is G LO SSARtl OP TERMS primarily based on a commission of sales. [CCR 1392.2G1 Expulsion Market paxticipan[s, who are expelled, axe prohibited from selling at SbfFMs pexmanendy Immediate Family Parents, children, grandparents, grandchlldxen of the certified producer or a family member regularly residing in the certified producee's household. [CCR 1392.2-(i)] Identity, Responsibility and Quantity 1. A decaration of identity that is the common ox usual name of the commodity. (IRQ) 2. A declaraton of responsibility that includes the name, address, and zip code of the producer. 3. A declaration of the quantity of the commodity -: _ Load Sheets Form used by farmers' market participants to report market sales. Mazket Participants Texm used to refer to producers and vendors together- ' Non-certifiable Agricultural Products Any agricultural product which is not eett&ed by the Caltfornia Agricultural CoxriaussiQner. Products include: juice, jams and jellies, dried fruits and vegetables, shelled or roasted mrts, . fish and seafood,poultry and poultry products, livestock and hves[ock products and dairg. - [CURFFL 27512 and CCR 1392.2-(m)] Non-certifiable Processed Agricultural Processed food products whexethe primary mgxedrent(s) are grown by a Certified producer Product but where the finished peoductxs not certifiable by the Coutity_Ab culrural Commissioner due to the addition of mgxedients not pxaduced by the Certified producer. Partnership A spate entity distinct from i[s individual members. Pxepazed Food Food for consumption prepared at the sim where it is Leuig sold Pre-packaged Food FaodFox consumption prepared and packaged in a certified kitchen and then bxough[ to the site wfiere it will be sold. Producer A person or entity ~aho pxo`duees.,agriculturaL products by practices of the agricultural az[s _ - upon land which the person or entity conEro`ls. [CCR 1392.2-(d)] Request for Proposal (RFP) Application form used-to_apply for Non-certified stall space. Request fox Qualification (RFQ) Appkcanon form used for erifertainment ro illustrate experience and express interest. Second Certificate A CPC may mcIude the name of a second farmer who has permitted the first farmer to sell the second fanners': produce. The CFCs will have both farmers; names and addresses listed on them pemuttiag tltis business relationship. SMFM(s) Santa Monua Certified Faxmexs Mazket(s) Farmers' Mazket Nutrition Program fox Estah}ished by Congress in 1992 and adminisrexed by the California Department of Health, Women Infants and Children the FMNP provides coupons for WIC participants which can be used to purchase a vaziety of (FMNP/WIC) fresh fruits and vegetables at Certified Farmers' Matkets no[ provided in the WIC food .package and allows participants to purchase these Foods. Senior Fanners' Mazket Nutrition The SP;V iNP is administered by the California Department of Aging and provides coupons to Program (SFMNP) low-income seniors tha[ can be used to purchase fresh fruits, vegetables and herbs at certified farmers mazkets during May through November. Small family farmers that sell produce at certified farmers mazkets receive all cash from the program. GLOSSARY OF TERMS Sssspension A defined period of 6me where iVlaxket Participants aze prohibired from selling at one, many OT all SbIF'bis. Vendor Any participant in the market selling Non-certified products including retail, prepared foods, ox processed food. MARKET HOURS AND DAYS Wi 117crrt~thourranddctysarz~ztljectta changeundertl~soleaa~lharr~ ancldiscreliota of the Wednesday Farmers Mar econd Street at Arizona` 8:30 am-1:30pm Clpened, Tuly 15,1981 Saturday Organic Farmers Market Third Street at Arizona Avenue 8:30an -fpm Opened:"<1VIay 8,1991 Avenue Park_Earmers Market ?ico Blvd. and Gloverfield Avenue Sam -tom 14,1992 Main,Street Farmers Market 540 Main Street at Ocean Park Blvd. 9:30am-fpm Opened: January 15,1995 1 RATES AND FEE 5 Belozvj~leusefind the SMF'VI schedule of rates andfeesfor7xnious agerrrer~ Uerrdors are n~s~iotzrible topayfeer arksted behtvfar therzaf. ~et~iart~aj~arits Ferares sales activity thattaksj~lace Vendor Type Rate Certified Producers .9 % of gross sales paid to the SMFMs Producers .5 %ofg(oss sales paid to the SMFMs Prepared and processed Agricultural .5 % ofgross sales paid to theSMFMs Non-certified Processed Producers. •5 %of gross sales paid to the SMFMs Prepared Food $100 forfrst 10x10, $50 each additional 10x10 paid o the SMFMs Pre-Packaged Food . $100 for first 10210, $50 each additional 10x10 paid to-the SMFMs Featured Restaurant $125.00 peg"day paid to the SMFMs Food Related Services Business Improvement Associations ' $20.00 per vendor space allotted not contingent upon vendor attendance Retail Contact MSBIA Piog~am Type: Rate Entertainment -Band $125.00 solo performance, $250.00 bands of two or more. Entertainment -Crafts $125.00 Chef Demonstration Up to $500.00 market produce stipend, $150.00 honorarium, market keeps the Chef Marketing Up to $500.00 market produce stipend,. $150.00 charge, chef keeps the proceeds. change atzvill by mcrrkd lie mcrrkQtday am 2 NURSERY To rellnur~ery stock atttd~SantaMonrcaFerrmera Comply with pest cleanliness market manager supply records that x own production. Records must be as;i'andnclude the date and source of `of the certified producer fox not less the date of first planting in the case (cuttings, grafting, etc.) has practiced agricultural arts upon the plants the following: I. Sexual propagation using seeds. Documentation can be provided which supports seed purchase/production. II. Vegetative or asexual propagation using vegetative tissues (stem, root, leaves) to create new plants. Documentation can be provided which supports plant purchase/production. III. Purchase of plants which must be transplanted to a larger container as compared to the original and must have full root growth uz the transplanted container. IV. Prepare plant varietals (potted arrangements of mixed plants) using only growers own certified plants (refer to 3bI, II and/or III). V. All certifiable plants must be ]abeled with at least the common name and preferable common and botanical name. 3 To: Laura Avery et al From: Main Street Business Improvement Association Re: SMFM draft of proposed new rules 9 11 09 The MSBIA recognizes the amount of work that was done by city staff since this item was last before us in Oct. 2007, but still has some significant concerns with what is being proposed. The Main Street market is an exciting community activity and has been a boost to the street. Since concerns about a Main Street retail presence were addressed by the creation of "Little Main Street" in June 2003 and since pazking issues were addressed a few years later, the primary and longstanding concern remaining has to do with the prepared food section and Main Street food establishment opportunity to participate in that section on a timely basis. The MSBIA is not sure that city staff fully understands and wants to respond to Main Street food establishment concerns that the prepared food section at the market, dominated by non-Main Street food vendors, represents a threat to their economic well-being. This has been an historic concern among some Main Street food establishment owners and that concern has only increased in these economic times. The city staff s efforts to keep certain things vague or flexible and a reluctance to make some things absolute reinforces MSBIA's concern that the staff does not appreciate this situation in a way that will be reflected in the policy and administrative documents. It is in part this concern that has driven MSBIA's continued requests that Main Street food establishments have priority in participating in the prepared food section of the Main Street Farmers' Market, and that all the rules-policies and administrative decisions-reflect and respond satisfactorily to this. As was pointed out at the MSBIA Board meeting on Sept. 10, 2009, MSBIA is not requesting that there be no non-Main Street prepared food vendors, although some Main Street food establishments have advocated that position in the past. MSBIA is also not requesting that a non-Main Street vendor be bumped for a Main Street vendor, although we were told in the past that that could and would be done. Additionally, the MSBIA is concerned that the rules stipulate that Main Street prepared food vendors at the market must sell only menu items sold in their establishments in that this restriction does not apply to the non-Main Street prepared food vendors who work primarily as market vendors and not from fixed-base establishments. Put another way, why should a vendor not from Main Street who only sells hot dogs get to sell hot dogs but a Main Street applicant who wants to sell hot dogs be prohibited unless it's a menu item at the applicant's establishment? At its Board meeting on the 10`x, after the presentation from city staff and after board discussion, the Board focused on the following items in the proposed rules: • On page 1Q, the Board requested the deletion of the third bullet from the bottom having to do with health'code violations. As was pointed out, virtually everyone in the food sales business has been cited by the health department, so this should not reflect on preference. A compromise on this could center on major or serious violations, if there is some agreement as to the meaning of those terms and if other aspects of the incident (timeframe, for example) are taken into account • On page 10, the Board requested the last two bullets, having to deal with market mix and the City's Healthy Foods initiative be re-written so as not to apply to or impact negatively Main Street applicants in the selection process. The MSBIA's primary interest, relating back to the economic concerns of the street, is that Main Street food establishments get to get into the market regardless of a subjective judgment regarding market mix. The same is true regarding so-called healthy foods. The MSBIA is also concerned that the 10x20 allocation of space to some vendors would work to the detriment of Main Street applicants in that the first consideration in the RFP process is `'Space availability at SMFMs:' No Main Street applicant should be denied participation because another applicanthas received a 10x20 space. The MSBIA is concerned about the length of the contract. Although nothing fmal was stated at the 9/10/09 meeting, city staff said contracts might be as long as tluee years. A contract length this long would deny new Main Street restaurants and reformed or expanding Main Street restaurants the opportunity to participate for quite awhile. MSBIA prefers aone-year contract term for all prepared food vendors. Finally, MSBIA is concerned about the absence of the point system and matrix selection system (and reference to it) in this document. A lot of time was spent on this two years ago in committee meetings. Two years ago, despite assurances that Main Street applicants would have preference, the draft system reviewed favored vendors who were already long-time participants and vendors who sold food deemed healthy. In the committee meeting two years ago the application of the point/matrix system relegated the value of being ftom Main Street to a less than primary status and therefore did not guarantee on points alone that a Main Street applicant would be accepted. The document should reference the point/matrix system (if one is to be used), should reference a selection committee and the make-up of the selection committee (if one is to be used), and should without qualification assign enough points to Main Street applicants so that, if the paperwork and finances etc. is in order, that applicant will rank highest and be accepted into the market. In summary, MSBIA requests that Main Street food establishments be given actual priority and preference to participate in the Main Street market on a timely basis such that if a Main Street food establishment applies, and the finances and paperwork are in order, the Main Street food establishment is accepted at the top of the list for the next available opening, and that that available opening be on longer than a year. This concludes this communication at this time, as the deadline for response to the SMFM draft proposed rules is Sept. 14, 2009. MSBIA understands that this item will come before the City Council Oct. 27, 2009. The MSBIA Board will meet again in October and may have additional comments before the 27"'. Gary Gordon Executive Director MSBIA For the MSBIA Board Santa Monica Farmers Markets are comprised of the CERTIFIED FARMERS MARKET CALIFORNIA FARMERS Certified Agricultural Products Fruit, Vegetables, Nuts, shell eggs, honey, cut flow- ers, and nursery stock Non-Certifiable Agricultural Products Livestock, live stock. products, fish, dried fruit, jam, juice. Regulated by: California County Department ofAgriculture Los Angeles Counfy Health Department City of Santa Monica Farmers Market (agriculture) and ancilary activities, ANCILLARY ACTIVITIES PREPARED AND PACKAGED FOOD Omelettes, Chocolate, Coffee, etc. RETAIL Local business district retail stores ENTERTAINMENT Music CHILDREN'S ACTIVITIES Pony rides, petting farm, face painting INFORMATION TABLES City Departments only Regulated by: Los Angeles Couhty Health Department City of Santa Monica CITY OF SANTA MONICA ;ABa~gas Farmers Market Prepared Food Written Proposal Evaluation Criteria Matrix rysex[rs Giteria: The Scope of Work and Proposal Requirements of the Solicitation are attached for further detail. (PLEASE REVIEW PRIOR TO ANY SCORING) m u O Applicant Business Name: d d d d c c c c ~ m ~ m ~ m ~ m Score Food Quality 0-40 Applicants food will be evaluated on quality, taste and freshness. Business Location - Supporting focal businesses is a priority. Businesses within the local business district will receive 20 points', Santa Monica food establishmentr will receive 15 points, itinerant food businesses in 0-20 Santa Monica will receive 10 points and all others wilt receive zero points. ' When applying with existing restauant menu items. Otherwise will only receive 15 paints as a Santa Monica Business. Management Experience Applicants will be evaluated on their food service experience, as 0-20 well as ability working with The County Health Department and market/event management and in outdoor environments. Sustainabifity and sourcing To conform to the mission of the Santa Monica Farmers Markets and the Citys Sustainabifity goals, applicants will be evaluated on 0-20 where they source their ingredients, and what sustainable practices they follow. Years of Service Each vendor with three or more years of service will receive one 0-15 point per year of service at the Santa Monica Farmers Markets with a maximum of 15 points. TOTAL Notes: EvaWation form must be completed in full. Signature of Evaluation Panel Member: Date: Printed Name of EvaWation Panel Member.