SR-03-20-2012-3D1W
Yof it Council Report
Santa Monica
City Council Meeting: March 20, 2012
Agenda Item: 31)
To: Mayor and City Council
From: Andy Agle, Director of Housing and Economic Development
Subject: Farmers Market Rules and Business License Fees
Recommended Action
Staff recommends that the City Council:
1. Amend the Farmers Market Rules, Regulations and Policy Guide to clarify
language regarding violations, due process, penalties and appeals by Farmers
Market participants; and
2. Adopt the attached Resolution waiving past due business license taxes, penalties
and processing fees for Farmers Market participants for all past fiscal years,
including FY 2011 -12.
Executive Summary
The Farmers Market Rules, Regulations and Policy Guide (Rules) adopted by Council
on May 25, 2010 established due process and consequences to market participants for
violating market rules. The proposed amendment to the Rules makes clear that market
participants may be subject to immediate suspension from a Market for Schedule A
violations, such as selling produce not of their own production, physical violence,
threatening language, being under the influence of drugs or alcohol, or refusal to
participate in an audit. They must remain on suspension until the matter is resolved.
The amendment also provides for a market participant's permanent expulsion from all
markets, if warranted, after due process as set forth in the Rules.
A recent review of Farmers Market operations revealed that the City has not been
requiring farmers to secure a Business License. Beginning July 1, 2012, all farmers will
be required to obtain a business license as a condition of doing business at the Farmers
Markets. Given that the practice of not requiring business licenses from farmers market
participants was based on staff's misunderstanding of the municipal code and not the
fault of the participants, the attached resolution waives for participants in the farmers
markets past due business license taxes and associated penalties and processing fees
for all past years, including fiscal year 2011 -12.
Background
On November 10, 2009, Council adopted the Farmers' Market Rules, Regulations, and
Policy Guide with the exception of Section 2.3.2, which dealt with the process for
1
selecting prepared and pre - packaged food vendors. On May 25, 2010, Council
approved Section 2.3.2, as revised.
During the time that the Rules have been in effect, Farmers Market staff has conducted
two hearings for market participants cited for violations. The proposed amendment is
needed to clarify the process for dealing with violations by market participants.
Discussion
Section 7 of the Rules sets forth those actions which violate market rules. The most
serious offenses are listed in Schedule A. These offenses include: selling a product not
of one's own production; physical violence; threatening language; being under the
influence of drugs or alcohol; or refusing to participate in a farm audit. The proposed
amendment clarifies that a market participant may be subject to immediate dismissal
from the market for Schedule A violations, and remain on leave until the case is
resolved. After due process, which includes an office hearing and Departmental
Hearing, a participant may be subject to permanent expulsion from all Santa Monica
Farmers Markets. An office hearing allows the market participant an opportunity to
respond to the allegations about the violation, provide other information that may have
been overlooked and further discuss the matter with the Farmers Market Supervisor.
A written determination by the Farmers Market Supervisor may be appealed at a
Departmental hearing. At a Departmental Hearing a representative from Housing and
Economic Development considers testimony from both the Farmers Market staff and the
market participant about the nature of the violation and whether the action should be
upheld or modified. Following Council's approval of the proposed amendment, staff will
notify all market participants of the amended Rules.
A recent review of Farmers Market operations revealed that farmers participating in the
City's four farmers markets have not been required to obtain Business Licenses from
the City, as are all others that do business in Santa Monica. Effective July 1, 2012, all
participants in the markets will be required to obtain business licenses and the Farmers
Market staff will send out information about this requirement. Since non - payment of
E
business licenses was not the fault of the farmers and other market participants,
adoption of the attached resolution will eliminate the requirement of the City to seek
retroactive payment of licenses, processing fees and penalties that would otherwise be
owed for past years.
Financial Impacts & Budget Actions
There is no immediate financial impact to the policy decision regarding the Farmers
Market Rules, Regulations and Policy Guide. Beginning July 1, 2012, farmers will be
required to obtain a business license which will generate approximately $18,000 in
additional revenue annually to the City.
Prepared by: Laura Avery, Farmers Market Supervisor
roved:
t
t�tl.t �`� t U�� �'} f' V�'� C� ✓Ufi t i u� E.CJ
Andy Agid, Di &tor �O
Housing and Economic Development
Attachments:
Forwarded to Council:
Rod Gould
City Manager
Attachment A: Santa Monica Farmers Market Rules, Regulations and Policy Guide,
Amended
Attachment B: Resolution waiving all business license taxes, associated penalties and
processing fees for all City of Santa Monica Farmer's Market participants
for all past fiscal years, up to and including fiscal year 2011 -2012
E
CITY OF SANTA MONICA
Farmers Markets
FARMERS MAREI {TS
1901 Main Street, Suite F
Santa Monica, CA 90405
Phone 310.458.8712 ^- Fax 310.391.9996
Nvxv\v. farmersmarket. smgov. net
fatmersmatket @smgov.net
6 i *''. Ala W
U fP
� Y r
C
O
H
1
MARKETS
TABLE OF CONTENTS
1 AUTHORITY TO OPERATE ..................................................................................... ..............................1
2 PARTICIPATION ...........................................................................................................
..............................3
21 SMFINIS ORGANI7 —ATION AND LAYOUT ................................. ..............................3
2.2 CERTIFIED AGRICULTURAL SECTION ................................... ..............................4
2.2.1
Required Documentation ........................................ ..............................4
2.2.2
Selection Criteria: Certified Producers ................ ..............................4
2.2.3
Additional Selection Criteria: \Meat, Poultry and Dairy ..................6
2.2.4
Additional Selection Criteria: Nursery Stock ...... ..............................6
2.2.5
Additional Selection Criteria: Producers of Fish and Shellfish .....
6
2.2.6
Second Certificate ..................................................... ..............................7
2.2.7
Partnerships ............................................................... ..............................8
2.2.8
Growing Pract ices .................................................... ..............................8
2.2.9
Organic Products ...................................................... ..............................8
2.2.10
"No Chemical' "Pesticide Free" label ing ........... ..............................9
2.3 NON - CERTIFIED
SECTION ........................................................... ..............................9
2.3.1
Non certifiable Processed Agricultural Products .............................9
2.3.2
Prepared or Pic Packaged Food ......................... ...............................
10
2.3.3
Featured Restaurants ............................................. ...............................
11
2.3.4
Wild Harvested and Foraged Agricultural Products ......................
12
2.3.5
Sellers of Wild- Caught Fish and Shell fish ........... .............................12
2.3.6
City Departmental Information Table ............... ...............................
13
2.3.7
Farmers Market Management and Information Booths ...............
13
TABLE OF CONTENTS
2.3.8 Retail .......................................................................... .............................14
2.3.9 \Musical Entertainment ......................................... ...............................
14
2.3.10 Children' s Activities ................................................ .............................14
2.3.11 tliarket Sponsored Consumer Education and Outreach ...............
15
2.4
TERMS OF PARTICIPATION ......................................................... .............................15
2.4.1 Certified Producers and Producers ...................... .............................15
2.4.2 Vendors ..................................................................... .............................15
2.5
HOW IS STALL SPACE ALLOCATED? ....................................... .............................16
2.6
"NO ASSIGNMENT" (CHANGE IN OWNERSHIP OF FARtM OR
BUSINESS) ............................................................................................. .............................16
2.7
INFORMATION DISCLOSURE STATE\-- IENT ......................... .............................16
2.8
OTHER ACTIVITIES .......................................................................... .............................17
2.8.1 Fihning ....................................................................... .............................17
2.8.2 Signature Gathering /petitioning/ Leafleting .... ...............................
17
2.8.3 Product sample distribution ................................... .............................17
3 DOLLARS AND CENTS ............................................................................................. .............................17
3.1
PRICES & MONEY HANDLING ................................................... .............................17
3.1.1 Product Prices ........................................................ ...............................
17
3.1.2 \Money handling ....................................................... .............................17
3.1.3 Refunds ...................................................................... .............................17
3.2
LOAD SHEETS ..................................................................................... .............................17
3.3
RATES AND FEES .............................................................................. .............................18
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
AIQAL\_ 5 ............................................................................................... ..............................21
4.3
CLEANING STALL SPACE .............................................................. .............................21
4.4
COARMERCIAL RESALE ................................................................... .............................22
4.5
COURTEOUS CONDUCT ................................................................ .............................22
4.6
CUS' I' O- AIERADVISORIES ............................................................... .............................22
4.7
DECEPTIVE, PACK ............................................................................. .............................22
4.8
FIRE .......................................................................................................... .............................22
4.9
HANDWASHING ................................................................................ .............................23
4.10
HEALTH CODE CON-- IP LIANCE .................................................... .............................23
4.11
TvIINIDIUM GRADE REQUIREMENTS ........................................ .............................23
4.12
NOISE, DISTURBANCE OR INTRUSION ................................. .............................23
4.13
NON MARKET RELATED ACTIVITIES .................................... .............................24
4.14
PARKING ............................................................................................... .............................24
4.15
PREVENTION OF HARRASSMENT IN THE WORKPLACE . ..........................24
4.16
PUNCTUALITY .................................................................................... .............................24
4.17
SAA PLING ............................................................................................. .............................24
4.17.1 Sampling Setup ......................................................... .............................24
4.17.2 Sampling Procedures ............................................. ...............................
25
4.18
SIDE - SELLING AND DELIVERY ................................................. .............................25
4.19
SNIOKING .............................................................................................. .............................25
4.20
SUBSTANCE USE ................................................................................ .............................25
4.21
UNDER RIPE OVER RIPE ............................................................... .............................25
5 SETUP &
DISPLAY ...................................................................................................... .............................27
5.1
STALL LAYOUT ................................................................................... .............................27
5.2
WEIGI-ITS AND A fEASURES ........................................................... .............................27
5.3
LABELING & DISPLAY ............................................... - ................................................
27
5.3.1 Closed of sealed containers .................................... .............................28
5.3.2
5.3.3 OiganicLabeling ..................................................... .............................29
5.3.4 Signs and Posting ..................................................... .............................29
TABLE OF CONTENTS
GLOSSARY OF TERMS ............... ...............................
MARKETHOURS AND DAYS .......................................................................................... ..............................1
RATESAND FEES ................................................................................................................ ..............................2
NURSERYST OCK ................................................................................................................. ..............................3
iv
5.3.5 Growing Practices Disclosure ...............................
.............................30
5.3.6 Sustainabil it y .............................................................
.............................30
5.4
SETUP & BREAKDOWN TIMES ...................................................
.............................30
6 AUDIT PROGRAM .......................................................................................................
.............................31
6.1
STALL SALES AUDI' S ......................................................................
.............................31
6.2
FARTM AUDITS .....................................................................................
.............................31
6.3
MYSIERY SIIOPPER .........................................................................
.............................32
6.4
AUDIT PROGRAM PARTICIPATION .........................................
.............................32
7 TMARKET
VIOLATIONS ............................................................................................
.............................33
7.1
DUE PROCESS .....................................................................................
.............................36
7.2
NOTICE OF INTENT TO TAKE ACTION ................................
.............................36
7.3
APPEALS ................................................................................................
.............................37
GLOSSARY OF TERMS ............... ...............................
MARKETHOURS AND DAYS .......................................................................................... ..............................1
RATESAND FEES ................................................................................................................ ..............................2
NURSERYST OCK ................................................................................................................. ..............................3
iv
RI eR Newry
Stablished July 15, 1981, the Santa Monica Ceitified.Fanveis 11aikets (S11I -1 1s) and
accompanying programs are conunitted to promoting healthy eating and
sustainable agriculture in California by providing fresh agricultural products
direct from small farms to urban customers, thereby building community and preserving
California familand. The City of Santa Monica (hereafter referred to as the City) oversees
the operation and management of four Certified 1'(ii)viois',Afa)kets (CTM3):
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 Bayside Business District, the
Organic Market is adjacent the 3rd Street Promenade retail businesses and
restaurants. Each week over 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 1:00 pin 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 local 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 for 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 TO OPERATE
Azltvt* to Tenrte ag ulad ly the State f (Worm, the Lx gkr County Dejeirtanenls f
Health andAgzculkrre/TFleigl3ls andMeas<trer arul tiv Gj4 There puler ueiz adg5led Jibe Cy of
SantaMoxt aGun&
MFMs are CFMs operated by the City in accordance Nvith regulations established
in California Administrative Code, Title 3, Chapter 3, Group 4, Article 6.5, Direct
Marketing. Thesc markets are subject to all pertinent local, county, state and
federal regulations and laws. All participating producers are expected to be familiar
with the current Diz-ea Maiketizzg liegulations and these Rules, Regulations and Policy
Guide (hereafter referred to as "The Rules').
In addition to the CFMs, adjacent non - certified activities are operated under the
authority of these rules and die City.
The purpose of the Rules is to govern the operation, administration and management
of all farmers' markets under control of the City. As set forth by the Direct Marketing
Regulations, all organizations managing CFMs are required to establish rules and
regulations. The organizations' rules and regulations may be more stringent than those
established by California provided that they do not violate or conflict with other
relevant state laws or regulations.
SMFMs management and its designated agents will implement and enforce all Rules,
Regulations and Policy pertaining to the operation and management of any Santa
Monica Farmers Market (SMFM) in a fait and equitable manner.
II
P A R T I C I P A T I O N
Tbir.redmn anszven Aq(fftions of how ASAIFMarz oWn=d,, uiiw maysellatAwai�t, ivlxit
pmdirctcnuy be sold, bonito cipp�,, 7dvtperw ilsaiu npit -ed to sel4 howpalkotnion is deletwinedaful
lwav stall sl cites arz allocated
21 SMFMSORGAN¢ATIONANDLAYOUr
Each market is divided into two sections: the Certified Agricultural section and the
Non - Certified Section. Certified agiieultural pinduas and Noii- ce)tifiableAgiiczrltanal
Products may be sold in the Certified Section of the market. Certified agricultural
products are products which are grown by a ceitfiedprodiicer (fanisei) and certified
under the jurisdiction of a County Agricultural Commissioner relative to
inspection and verification of compliance with the provisions of the California
Code of Regulations, Article 6.5. They include fresh fruits, nuts, vegetables, shell
eggs, honey, cut flowers and nursery stock [CCR 1392.2(k)]. Certified producers
selling processed products must also bring some of the primary unprocessed
product to market when in season.
Non - certifiable Agricultural Products include all certified agricultural products that
have been processed, those products other than certified agricultural products
noted in CCR 1392.2(1) ... from any tree, vine or plan and their flowers (including
processed products), livestock (including rabbits) and livestock products, and fish
and shellfish produced under controlled conditions in waters or ponds located in
California [CCR 1392.2(m)]. Non - certifiable Agricultural products include: juice,
jams and jellies, dried fruits and vegetables, shelled or roasted nuts, fish and
seafood, poultry and poultry products, livestock and livestock products and dairy.
Certified producers found selling product not of their own production are subject
to a schedule A violation which is grounds for immediate dismissal from the
market with reinstatement of selling privileges contingent upon a hearing.
Non- ceitiable Processed Agfialltliml Products; Retail., Ptoaird and Prepaekrged Food and
entertainment are all held in the Non - Certified Section of the market and must be
designated as such. Non- Ceitizable Processed Agiicidlioul Pioducis are processed food
products where the primary ingredient(s) are grown by a certified 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 or section specific criteria may also apply and are listed below.
Applicants may obtain an application from the SMFMs office or website and may
submit applications and supporting documentation via mail, email or fax year round.
2.2.9 Required Documentation
As proof of producetship certified producers where applicable
shall obtain, and submit upon request by market management
copies of the following documentation:
e Embossed CeiYified Pmdiiczrr' Cei-lificate (CPC) listing
Los Angeles County as an "Authorized County ". (Second
Certificate requirements reference section 2.2.6)
e All leases and agreements between market
participants and third parties.
• Map of Growing Ground with supporting photographs.
• Apiary registration (if selling honey).
• Avocado exemption permit or proof of inspection (if selling avocados).
• Organic registration and certification.
• Annual Health permit for processing facility.
• Board of Equalization Permit (for taxable products).
SMFMs management may require the certified producer or pmdiicer to provide
additional supporting documentation and may either contact agricultural inspectors in
the county cohere crops ate grown or conduct a farm inspection to verify production
and quality. SMFMs management may verify information from other market managers
or industry organizations 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.
e Spacc availability at SMFMs.
U
PARTICIPATION
• Preference given to growers with no prior violations of the certified
farmers' markets program.
• Desirability of crops - crops which are in demand, are one -of -a -kind or of
exceptional quality or uniqueness, are preferred over crops already in
sufficient supply at the market.
• 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 specialty crops receive higher
priority than growers of year round crops. Short season crops change
frequently and afford a maximum number of producers access to selling
space.
• Fresh products are given priority over processed products.
• Preference is given to applicants selling processed products that they
process themselves vs. products taken to a processing facility (i.e. Dried
fruit, juice, shelled nuts, etc)
• Preference is given to applicants whose primary distribution is local, not
national.
• Products cannot contain genetically modified ingredients or be grown
from genetically engineered seeds.
• Preference is given to producers who follow sustainable farming practices
Sustainable farming takes into account proximity to market, which for
CFM purposes are all crops grown in California. Sustainable farthing
practices include organic (no synthetic products, regulated by State and
Federal regulations), Integrated Pest Management (IPNI), "Low Input"
which refers to minimal use of synthetic fertilizers and pesticides, as well as
other practices including crop rotation, crop diversity, mater 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 SMFINIs at the
original time of application will be placed on a waiting list for 12 months and will
be reconsidered as space becomes available.
U
PARTICIPATION
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 Agriculture (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 SMFIVIs.
• Preference is giving to grass fed and finished meat products.
• Preference given to producers of livestock, meat and dairy products that
have a "Certified Humane" designation from Humane Fami Animal Care
(www. certifiedhumane. oral.
® Only farmstead cheeses (made by the producer) may be sold at the
SNIFIVis. Cheese and processed milli products sold at the Santa Monica
Farmers Markets SMFMs must come from the milk of animals that arc
owned by the Producer. Proof of ownership of dairy animals must
consist of but is not limited to one or more of the following documents:
o Market Mille Permit
o Fann Inspection Report
o Grade A (or B) permit for milk production
o 'Tuberculosis Test Record
o Producers /Handlers /Processots Application and Registration
2.2.4 Additional Selection Criteria: Nursery Stock
Nursery Stock consists of potted plants, trees or nursery starts where the seller has
performed propagation, germiiation, 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 for the sole and immediate
intent to resell them without sufficient propagation or growing tine; the
adequate length of time. See Attachment III.
2.2.5 Additional Selection Criteria: Producers of Fish and Shellfish
Aquaculture operators who sell products from controlled ponds or waters are
considered non certifiable agricultural producers and may sell in the certified section of
6
P A R T I C I P A T I O N
C
rte..
the market. Aquaculture operators are required to submit to SMFMs current
documentation that verifies production including, but not limited to the following.
® California Department of Health Services Shellfish Growing Arca
Certificate.
® Proof of control over the pond or waters.
® State of California Department of Health Services Food and Drug Branch
Shellfish Handling and Marketing Certificate.
2.2.6 Second Certificate
Second certicales (certified producers selling certified agricultural products on behalf of
one other certified producer) are admitted to the SMFMs based on the criteria listed in
section 2.2.2, in compliance with CR13924 W and the following additional restrictions.
® A certified producer shall not represent, not be represented by more than
one other certified producer in a 12 month period.
® The name of the certified producer for whom another certified producer is
selling shall appear on the certificate of the person selling his /her products.
[CR1392.4W(3)].
e '1$e 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 for sale certified agricultural products which he /she has
produced and which are greater than the amount by volume offered for
sale for the other certified producer at the beginning of each day of sale.
[CR1392.4(g)(5)].
® A certified producer who sells certified agricultural products on behalf of
another certified producer or whose products are sold by another certified
producer at the SMFMs shall keep for a period of not less than three years,
the following documentation: [CR1392(g)(9)].
(1) Date and amount of products transferred by variety.
(2) Date and amount of products sold by variety.
(3) Names of both certified producers involved.
0
PARTICIPATION
® Certified producers growing cut flowers and nursery stock may only sell
product of their own production.
e 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 SAv1FMs.
® Each certified producer will receive a separate load sheet and is individually
responsible for 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 contracts
as described in CR1392.9.1 who are issued a CPC are subject to the same regulations
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 farmers, are required to submit a
GnmittgPtacticesLfaniatiott Fam that lists the methods used to control 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 keeping Growing Practices Information forms current and accurate.
2.2.9 Organic Products
Certified producers selling organic products in California must comply with the
California Organic Products Act of 2003 (COPA), effective January 1, 2003.
Certified producers engaged in the production of agricultural products sold as aaganic
and who sell over $5,000 annually, must register with the agricultural commissioner in
the county of principal production prior to the first sale of product, and then annually
renew their registration with the secretary of the Department of Food and Agriculture
unless no longer engaged in activities requiring registration [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
Agriculture (CDFA). Federal organic accreditation remains in effect until it is revoked
or the farmer withdraws from the organic certification program.
0
PARTICIPATION
Certified producers who sell less than $5,000 annually in organic agricultural products
may claim organic practices without obtaining certification or registration documents.
Although exempt fiom 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, slopping or display. Non - organic produce must be displayed in a manner
that separates it from the organic produce with a physical barrier, and non organic
produce must be clearly labeled and identified as such by means of a sign starting "Non
Organic" or "Conventionally Grown" in letters at least 2" high.
Certified organic 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 may be redacted for purposes of privacy.]
2.2.10 "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.
Applicants may visit the City's Finance websitc year round to sign up as a vendor and
will be notified when the application periods opens.
Non - Certified Section
The non- ceififedsection is established by the
SMFM top? i9pide anedlay aamities
podncts and sources tbat enhance the nuu;ket
ambiance.
2.3.1 Non certifiable Processed Agricultural Products
Non certifiable processed agricultural products which are not
permitted in the certified section may only be sold by certified
producers in the non - certified section of the market. Non -
certifiable Processed Agricultural Products include prepared or
packaged foods where the primary ingredient(s) are grown by the
market participant and have included pesto, olives, and nut brittle.
A CPC is required to substantiate the certified producer's claim to
growing the primary ingredients in Non - certifiable Processed Products.
Certified producers of non - certifiable processed agricultural products are subject to the
same documentation and selection criteria as certified producers Section 2.2.
I California Organic Products Act of 2003, National Organic Program.
9
PARTICIPATION
2.3.2 Prepared or Pre- Packaged Food
Prepared and pie - 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 Pertnit for processing facility.
Board of Equalization Pennit (for taxable
products).
® Temporary Field Event Health Permit (renewable
quarterly) issued by the Los Angeles County
Department of Health.
Prepared and Pre - packaged food vendors tnay with apply with their desired menu
through a Request for Avposal (RM process. The number of square footage allocated
for any give RFP may change from year to year. RFPs are conducted annually for one
third of allocated spaces with three year contracts awarded. Market management
determines the number and allocation of stall spaces available, which are subject to
change with each REP. Menu modification requests are reviewed annually during the
REP application period. The evaluation criterion for prepared and pre - packaged food
applicants includes, but is not limited to:
® Business Location
• First preference given to applicants whose established restaurant
resides within the local business district of the market to which
they are applying.
• Second preference given to applicants whose established
restaurant resides within the City of Santa Monica.
• Third preference given to applicants with established restaurants
residing outside the City of Santa Monica.
• Last preference given to itinerant food businesses residing outside
the City of Santa Monica.
® Ingredient Sourcing
IE
PARTICIPATION
Products sold at the market must be homemade (rather than purchased
fully processed and re- sold) and that incorporate ingredients which are:
o Grown in California
o Organic
o Fair trade
o Free range and grass fed meats
o Wild- caught or local seafood from sustainably managed
fisheries
o Purchased from SNIFMs certified producers (farmers).
® Sustamability
o Environmental Sustainability
Measured through green certifications such as the Sustainable
Work Business Greening program.
® Experience
o First preference is given to applicants with experience participating
in outdoor event food preparation.
o Second preference is given to applicants with restaurant or catering
experience.
o Last preference is given to applicants with no prior business
related food preparation experience
® Value
Preference for products that are unique and that ensure a wide array of
offerings to adequately fulfill customer demand.
2.3.2.1 Prepared and pre - packaged food (Sunday Main Street Farmers
Market)
Additional stall space allocations apply at the Sunday Main Street Farmers' Market.
50% of the prepared food area, or 50% of the prepared food still spaces, as
determined by Market Management, are allocated to applicants from the local business
district. From the total number of proposals received, the top Main Street food
vendors are offered the reserved stall spaces. Main Street prepared food vendors not
selected for the reserved spaces will be added to the general pool of applicants to
11
PARTICIPATION
compete for the remaining spaces. When fewer Main Street businesses apply than
available reserved spaces, such spaces will be available for the general applicant pool.
2.3.3 Featured Restaurants
Market management may create a Featured Restaurant program at the SMFMs to allow
one food establishment per week from the local business district to sell prepared foods
listed on their established restaurant memo. All restaurants wishing to participate must
hold a current City business license in the business district where the farmers '
market has a Featured Restaurant program. Qualified food establishments will be
placed in the next quarterly rotation schedule with other qualified applicants in equal
proportion.
In order to participate, vendors must obtain and present required documentation
which may include, but is not limited to:
a Board of Equalization Permit (for taxable products).
a Current City Business License.
® Temporary or Annual Field Event Health Permit (renewable quarterly)
issued by the Los Angeles County Department of Health.
2.3.4 Wild Harvested and Foraged Agricultural Products
Wild harvested and foraged agricultural products may only be sold in the Non - certified
Section of the market. In order to participate, vendors must obtain and present
appropriate documentation 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.
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 a well- managed fishery in
properly licensed boats in which sustainable harvesting
methods are employed, in accordance with the
Monterey Bay Aquariiums Seafood Watch program.
Wild caught seafood and shellfish vendors must obtain
and present appropriate documentation which may
include, but is not limited to:
W
PARTICIPATION
a DIVIV Boat registration.
® Commercial California fishing license issued by the California Department
of Fish and Game.
6 Boat registration issued by the California Department of Fish and Game.
® Processers and Handlers Permit issued by the California Department of
Fish and Game.
® Landing Receipts.
® Temporary Field Event Health Permit or (renewable quarterly) or a
Vehicle Permit issued by the Los Angeles County Department of Health.
Selection criteria for seafood applicants includes, but is not limited to:
® Preference is given to applicants selling fish and seafood which is caught,
raised, collected or grown in California coastal waters.
a First preference is given to applicants selling their own catch.
® Second preference is giving to applicants selling their own catch and
documented catch of others who fish.
® Last preference is given to fishmongers who contract directly with people
who fish.
® Any fish or shellfish purchased at a commercial /wholesale fish market is
not allowed to be sold at the SMFIVIs.
® 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 S1VIFIVIs.
2.3.6 City Departmental Information Table
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. Information
displayed at the information table is limited to:
W
PARTICIPATION
(1) City of Santa Monica publications
(2) Publications featuring the SMFMs or participating certified
producers (will be labeled with city logo and article reference)
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 local business district to sell products normally
sold in their stores. 1111 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
agreementwith SMFMs.
2.3.9 Musical Entertainment
Subject to space availability, musical entertainment is allowed pursuant to local
regulations. Musicians selected to perform at the market(s) may distribute promotional
flyers and /or sell promotional CDs and tapes during their scheduled performances.
Other promotional materials such as shirts, stickers, etc. are not allowed for sale.
Musical Entertainers may apply to perform at SMFTY1s during the open application
period each year by responding to the Request for,Qaalifrcation (RF2. A selection
criterion includes, but is not limited to:
a Type of music
® Quality of music
® Preference is to give opportunities to many different musicians.
a Experience performing in outdoor venues
® Previous performance success and behavior
2.3.10 Children's Activities
Subject to space availability, children's activities are
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
administrative offices. All applicants will be
14
PARTICIPATION
accommodated on a space available basis. Once there is no space, selection will be
conducted through an RFQ process. Selection criteria include, but are not limited to:
a References
® Appropriateness of the activity provided
2.3.11 Market Sponsored Consumer Education and Outreach
SMFMs management encourage Market Sponsored Consumer Education that is
intended to promote healthy eating, support California farthing and sustainability and
may include, but is not limited to Ask the Dietitian, the Master Gardeners, and chef
demonstrations.
P ?lt�y Pi +'€a
2.4.1 Certified Producers and Producers
Once selected fast time certified producers and producers will be offered a three
month participation agreement stipulating products to be sold and the markets they
Nvill be attending. Provided there are no notices of violation ducting the three month
period, certified producers and producers will be awarded a stall space subject to
annual review.
Certified producers and producers must provide SMFMs management copies of CPCs
annually, if there are 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.
2.4.2 Vendors
The terms of participation for vendors who are selected through a REP or RFQ
process will be set forth in a selling agreements and /or contract. During each RFP
process, staff will determine 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 nest eligible vendor from the initial RFP ptoccss will be offered a
stall space and selling agreement for the remaining term of the departing vendor.
M
PARTICIPATION
Market participants ate granted one selling space and may not occupy two separate
selling spaces or sell outside their assigned space wider 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:
® Need to alleviate chronic overcrowding.
® Reallocations will make better use of the space available.
® Need to alleviate potential health, safety risk or hazard.
® Empty spaces which need to be filled.
There is no assignment of a selling space in the market in the event a participating fann
or business is sold. New owners must apply for a selling space and will be considered
in accordance with criteria set forth in this chapter.
All records maintained by the SMFMs are subject to full disclosure to the public. For
purposes of publicizing the markets, SMFMs may promote and share information
about participants, their products, production or growing methods and photographs.
Participants who do not want their contact information shared may complete a "non -
release" form.
W
PARTICIPATION
All SMFtvls are open to the public. As such,
they attract a variety of activities not related to
die SMFMs mission. The most common
activities and the lutes which regulate these
activities are listed below:
2.8.1 Filming
Filming is allowed with prior approval from
SMFNI management and a valid fihn permit
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
SoiicitIng/Panhandiing
These activities are pivtecied by First
Amendment tightsgoveiningftve peech and
public access. Anyone engaging in these
activities is asked to keep the ptbhe aiva five
of discaided litetaiiav and mast consply with
City of Santa Monica Municipal Code
4.54.020 which pi- ohibits "aggivssive
solicitation" snob as blocking passage,
follawitig a poison who has declined to make
a donation among other things.
2.8.2 Signature Gathering /petitioning/ Leafleting
Signature gathering and petitioning are allowed as free speech activities.
2.8.3 Product sample distribution
Only market participants may offer product samples within the markets.
M
DOLLARS AND CENTS
Thisialimpmen,6 iffaran d olz nGot >t t llArrd other fees 6 bd /r � tax es j� ymelib aed3 an.1,bnm
3.1.1 Product Prices
Product prices are set by the individual market participants. All prices must be clearly
posted. Collusion among market participants to set prices is strictly forbidden.
3.1.2 Money handling
All market participants are expected to be accurate in all monetary transactions. It is
advisable that each farmer have in place a cash handling system. Disputes over
monetary transactions may be mediated on a case by case basis by market management
with final resolution determined by market management.
3.1.3 Refunds
Market participants are encouraged 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.
Icym G7 -A 11::1 nj
SMP'Ms participants will complete and turn in a daily load sheet for record keeping and
billing purposes. Market participants 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.
SIVIPMs management will monitot sales reporting as necessary to check for accuracy.
[CCR1392.9 (6b)].
m
DOLLARS AND CENTS
Sales Monitoring
To lead moie about sales niointoiing, stall or
farm audits and violation penalties, please see
page P.
Rainy Day Fee Po /icy
Maikets izuiain open on miny days and stall fees
will be collected on any sales that take place.
Schedule of fees is shown Attachment II.
Participants shall be billed for all stall fees at the beginning
of each month and payment is due upon receipt.
Payment of stall fees must be made by check or money
order (cash is not accepted) and may be made at the end of
each market, or mailed upon receipt of the monthly invoice.
RXMM ezi 1Q 2 a'1J � : I IFITO eII\I:F.y
Payments are due upon receipt. If payment is not received within 30 days from the
date of the invoice, account becomes delinquent.
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 future delinquencies. Wleekly payment plan
participants must pay their stall fees in full at the completion of each market attended.
Checks returned to the City for insufficient funds will be charged a $25.00 penalty
for the first occurrence and $35.00 for subsequent occurrences in addition to the
amount owed. Thereafter future payments shall be made a certified check or
money order.
.7 yar,:1:Fa
Market participants will receive credits toward their stall fees for a variety of items,
including food stamps, I "anneis'MarketNutrition Avgicmi (FMNI� 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.
3.5.1 Assistance Program Participation
SMFMs participants (where applicable) are required to accept SMFMs $1.00 scrip
tokens issued for food stamps (FBT) and Women Infants and Children (WIC),
FMNP, and Farmer r',Alcnket SeniorNutiition Piogiani (FtVISNI) issued in $2.00
denominations, and must adhere to all assistance program participation odes and
guidelines. As change cannot be given, producers are expected to assist WIC and FBT
customers by providing produce in $1 or $2 increments.
lu
DOLLARS AND CENTS
S1\IFMs occasionally distribute or sell gift coupons to individuals or groups. All market
Participants are 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 for a
credit at the SMFMs Information Stalls. Credit vouchers may not be deducted from participant
sales. Credit vouchers -,we applied toward future billings and are indicated on statements.
3.10 DONATIONS
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 tune 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 SAAESTAX
Market participants will be individually responsible for conformance to local, state
and federal laws. State sales tax shall be collected by market participants of non-
food items or prepared food and forwarded to the State Board of Equalization as
required by law. Market participants selling taxable items must obtain a Board of
Equalization Permit listing the SMFMs as a sales location.
M
HEALTH, SAFETY $ CONDUCT
I: e
O - • " ,
This sentondesaihupan /iei�rntstanda)dsforlval ,safel#aiulpiz ronalconduct Uiolationsof these
siandardsaresetford? insettron7MarketViohk 'ons�rge33.
41 ABSENCES
SMFMs management endeavors to keep each selling space occupied each week
Market participants who will not be attending the market must notify the market
manager prior to the date of absence. Market participants -who cannot attend the
market due to unusual circumstances or an emergency such as truck breakdown en
route to market must contact SMFMs management within 48 hours after market day to
confmn a selling space for the following week. Repeated absences, regardless of their
cause or whether notification was provided, may result in suspension from the
followmP, market.
42 ANIMALS
No live animal shall be kept or 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 or 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 trash in the appropriate dumpsters (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 street, in planters or in storm drains. [City Codes 7.16.020, 7.10.040 and
5.20.010].
R1
HEALTH, SAFETY & CONDUCT
Cleaning Violation
Mai ketpaampants who do not clean
their stall space to namket standmds
may be subject to violations and fines.
See section 7 Mmket Violations
page 33.
Qualmy of Product
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 compostaable waste shall be placed in appropriate
receptacles.
Certified producers may sell to chefs, schools and market basket
programs provided that the seller issues a detailed "memoranduan" listing
IRQ. This ensures produce sold or consumed by an entity other than the purchaser
can be traced back to the certified producer. Commercial resale market participants
must comply with pertinent labeling and packaging requirements.
Assembly Bill 2168 stipulates that commercial resale of produce may take place at a
CFIVI as long as the produce is sold in compliance with standardization requirements
for packaging and labeling. Products not covered in standardization code must be
packed and labeled with Identity ReeponribifityQuantity (IBS.
Market participants are expected to conduct themselves in a safe and courteous
manner at SMFMs. No rude, abusive, insulting, disruptive or threatening language or
behavior is permitted. Market participants found violating this rule are subject to a
Alaiket Violation Schedule A which is grounds for immediate dismissal from the market
with reinstatement of selling privileges contingent upon a hearing.
Market participants may refrain from or limit
sampling or sales of product to any customer.
Clear signage with lettering at least two inches
high stating the market participants' policy shall be
posted at the stall.
Santa Monica FalmersNla/kets aoe dedicated to
offering the best qualitypitiduce.
MM 11 I .Ufi
Complaints
Complaintforms me available at
themaiket. SMFMs>nanagensent
will mpond to a(stomer complaints
with two weeks of receipt.
Pre - packed items must clearly indicate the representative size and
quality of all items in the container offered for sale.
Market participants shall comply with all City Fire Code and
Regulations
FIN
HEALTH, SAFETY & C O N D U C T
Market participants must wash their hands before returning to work from a food or
restroom break.
' 1 M1 t' • a "::
The activities at a CFM are covered by County Health Code as contained in the
California. Retail Food Code SMFIVIs are considered a "Nonpermanent Food Facility'
under California Retail Food Code and operate under a Public Health Operating
Pertnit. 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 otherwise
approved.
b. No animals other than service animals are permitted within twenty feet of
any temporary food facility or certified farmers market.
c. Prepackaged food shall bear a label that complies with the labeling
requirements prescribed by the Sherman Food, Drug and Cosmetic Law.
d. No home processed foods shall be sold at SMFSs. All food products
prepared for resale at SNIFNIs must be prepared in a Health Department
licensed facility, and a copy of the facility's health permit must be kept at
the seller's stand.
e. Food preparation is prohibited at certified farmers' markets with the
exception of food samples. Distribution of food samples may occur
provided follow California Retail Food Code and section 4.17 of the Rules.
Commodities brought to market or offered for sale are subject to inspection at any
time by a SMFM Manager or authorized person. Produce must meet minimum grade
requirements, and must represent a "field run" or better quality range. Containers of
culls only will not be permitted for sale unless the producer is also selling the same
product at a "field run" standard or better. Culls must be clearly labeled as "culls ",
"overripe", "canning grade" and priced accordingly. Any product not meeting USDA
minimum quality standards may not be sold at any price at SMFMs.
Produce offered for sale in containers or packs must not exceed California Department
of Food and Agriculture (CDFA) tolerance for spoilage and waste.
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
RN
HEALTH, SAFETY & C O N D U C T
promote products is allowed. Any disruptive action, including tough housing or
throwing of items, is prohibited. No bicycling, skateboarding, roller - skating, or riding
of scooters is permitted in SIVIFMs.
Sales of products not otherwise listed on the producers CPC or Selling Agreement is
strictly prohibited while operating at the market. Market bags may be given away Avith
a minimum purchase with prior approval from SMf Is management.
G rff r:7 iT
When possible, market participants Nvill 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 closing, participant vehicles must be moved to
accommodate market clean up. Market participants may not leave vehicles parked on
the market site after the close of the market.
Market participants must comply with the California Department of Fair Employment
and Housing Guidelines on the Prevention of Harassment in the Workplace.
MUM illl. y111!1IIfil
Market participants are expected to arrive on time. To ensure safety, market
participants arriving late must be escorted into the market by authorized personnel or
may be asked to leave their vehicle outside the market boundaries and wallc their
product into the market.
4.17 SAMPUNG
Distribution of food samples may occur under the following sampling setup and
procedures.
4.17.1 Sampling Setup
1. Water container with downward - facing spout (for hands and produce
washing)
2. Non - absorbent cutting board
3. A knife used exclusively for sampling
4. 1% chlorine solution for sanitizing the cutting knife — 100 ppm (1/2 oz.
pet gallon) for four hours. Litmus strips are available from manager to
test for concentration
5. Liquid pump soap dispenser (bar soap is not acceptable)
En
HEALTH, SAFETY & CONDUCT
6. Single use (paper) towels
7. Covet (sneeze guard) for 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 before cutting, and waste
water shall be collected in a receptacle and disposed of at an approved site.
2. Bucket containing wash water must be disposed of in a public sewer
system or taken home for disposal. Wash water may not be dumped in
planters or storm drains.
3. Samples must be cut out of reach of customers and under a canopy or
protective cover. Cut samples must be kept covered.
4. Clean, disposable plastic gloves shall be used when cutting food samples.
5. Samples must be served to customers on a toothpick or with tongs
6. Samples shall be kept in approved, clean, covered containers.
7. All food samples shall be distributed by the producer in a sanitary manner.
8. Portioning, for example selling half of a watermelon or portions of a large
squash shall comply with section 4.9c and d of this document.
Market participants are prohibited from selling and /or distributing products at SMFMs
which have not been previously approved by market management.
Smoking is prohibited at SIVIFMs. The City prohibits smoking within 20 feet of all
entrances, exits and open windows of buildings open to the public. Violations are
subject to fines of up to $250 issued by the City of Santa Monica Police. Market
participants, who smoke, must wash their hands prior to returning to their small.
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.
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
S E T U P & DISPLAY
:W ►4. 4' .'t.:
This secl fonductrsserstallsetuj�atrdbrpahlowlimes, la }nutandlabekngandd4q5lgrrquiTeorwK Itzr
tlygarlof 11x SNIFMsto hate to lweea safe and aesil ekrallypleasingmaiht
AE°1 ra I III F-kyfellj I
a. Displays shall not extend into the walkway or violate fire code. No boxes
or produce displays may extend into the common customer traffic areas.
b. Directional signs are pem-iissible to guide and direct Directional signs
shall not impede pedestrian circulation or safety.
c. Market participants who display product on aside table must allow at least
24 inches of unobstructed side aisle.
d. Tables and other display Extures must be sturdy and not overloaded to a
point where they are unstable.
e. All shades and shelters must be securely fastened. Windy conditions may
necessitate canopies being removed.
f. Vendors whose stalls are not set up to standard shall be asked to
discontinue sales until set up is corrected.
When any product is sold by weight, the scale used must be approved, tested and
sealed by the County Agricultural Commissioner, Sealer of Weights and Measures.
Every scale in use at SIIVIFMs must be sealed annually and display a current seal. Sellers
are not permitted to use scales with expired seals.
Market participants are encouraged to create attractive displays.
W
SETUP & DISPLAY
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- Certifiable Agricultural Products
1. Contents (if 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 requited.
5.3.1.2 Pre- packaged and Non - Certifiable Processed
Agricultural Products.
FOOD prepackaged in a FOOD FACILITY shall bear a
label that complies with the labeling requirements prescribed
by the Sherman Food, Drug, and Cosmetic Law (part 5
(commencing with Section 109875)), 21C.F.R. 101 -Food
Labeling, 9 C.F.R. 317 - Labeling, Marking Devices, and
Containers, and 9 C.F.R. 381 - Subpart N Labeling and
Containers, and as specified under Sections 114039 and
114039.1.
Label information shall include the following:
The common name of the FOOD, or absent a
conunon name, an adequately descriptive identity statement.
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.
An accurate declaration of the quantity of contents.
4 The name and place of business of the manufacturer, packer, or
distributor.
Except as exempted in the Federal FOOD, Drug, and Cosmetic Act
Section 4030(3) -(5) (21 U.S.G. 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.
M
S E T U P & DISPLAY
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 may be 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)]
f. Faun or business name. Signs must be legible with lettering at least 3
inches tall.
g. Embossed current Certified Producers Certificate (CPC) which must list
"Los Angeles" as an Authorized County.
h. Employment Agreement.
i. Current organic registration and certification. Violations of National
Organic Program regulations are a serious offence. All products advertised
as organic must be 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 produce and clearly labeled "non organic" in letters at least 2 "
high.
k. 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.
ME
S E T U P & D I S P L A Y
5.3.5 Growing Practices Disclosure
Fanning 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 spray" is not allowed at the SMFMs as it is vague misleading.
5.3.5.2 No Pesticides or chemical free
Claims of "no pesticides" or "chemical free" must be substantiated by accurate
reporting on your growing practices information form.
5.3.6 Sustainability
Market participants shall comply with the City sustainability programs and initiatives
which include, but are not limited to the Zero Waste Program and the Expanded
Polystyrene Ban. Market participants are also required to comply with additional
sustain-ability programs which may be initiated by SMFMs.
SMFMs hours are as stipulated by each market. No market participant may sell prior
to market opening and or after the market is closed. SMFMs management may open
or close the market early if extreme inclement weather conditions exist.
M,
A U D I T P R O G R A M
SantaMoma G i#edFsairner5-Markeb irkurounforbial) qualrlyarulunique ptvdiiels To enrw the
w* 7# of SAIFMs andpnduas solel, 6 followig wpi- Ansix alidit f�Mg 11 includes st ill saks
aidib'andfatmti6�
6.1 STALL SALESAUDrTS
Stall sales audits ate conducted at the market participants' stall during the market. Stall
sales audits are scheduled in advance with a goal of auditing each market participant
every four years.
An auditor is stationed in the stall to record sales transactions and report total sales at
the end of the day to SMFMs management. Market participants who are being audited
are expected to announce each sales transaction in a cleat and audible manner so all
sales can be accurately recorded. Audit procedures are detailed in the FawerrAlarket
Piwednral Guide (available upon request).
Penalties for discrepancies in sales reporting are outlined in Section 7 Market
Violations.
62 FAMWA
Farm Audits are conducted by SMFMs management to verify that the products being
sold at SMF1NIs are in production at the certified location and in accordance with the
provisions of the Direct Marketing Regulations.
Farm Audits consist of several steps:
1. Stall product audit is conducted during the market. Items presented for
sale are recorded and photographed.
2. Market management and /or a designated representative visits the farm and
documents production and growing practices at the farm.
2 California Code of Regulations, Article 6.5 Direct Warke6ng, Section 1392 - 1392.1.
31
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 are selected for Farm Audits based on, but not
1-nited to the following circumstances:
1. When a certified producer or producer first applies to the SNIFNIs.
2. When information is received requiring field verification.
3. As part of the normal audit cycle.
SMFMs management may utilize mystery shoppers to verify accuracy and integrity in
all sales transactions.
6.4 AUDrr PROGRAM PARMCIPAMON
Market participants, shall cooperate with SMFM Management requests for slall sales
audits of fares Pirits by SMFMs management or authorized person, refusing to comply
with audit requests shall result in a Market Violation schedule A, which is grounds for
immediate dismissal from the market with reinstatement of selling privileges contingent
upon a hearing. Market participants are responsible for keeping market management
apprised of current address and phone numbers.
KN
MARKET VIOLATIONS
A Lei
Sant aMonuaFs amzeisA ,btk,etsfolloivanogenandfa dnepmWinall naatter3PAainingtorVlft
andznazrti igmarketuok&nr.
The SMFMs management and any other agents assigned to do so may issue warnings,
fines, and suspensions, remove a market participant from any market, or have selling
privileges at SMFIVIs conditioned or limited for failure to comply with these rules and
all other applicable federal, state or local regulations and laws. Failure to comply with
The Rules may result in penalties up to and includinga xre€ s3 v l s
ex �ulsion at all SMFMs. Market participants are responsible for the actions of their
employees.
All violations will be noted to the market participants file.
Table 1: Market Violations - Schedule A
Violations listed in schedule A, are grounds for immediate dismissal grand -ex ulsion from the market wkll
Violation
7.1A
Producers selling product not of their own production
7.2A
Physical violence or threatening behavior to anyone
73A
Rude, abusive, insulting, disruptive or threatening language
7.4A
Under the influence of drugs or alcohol
7.5A
Refusal to participate in the stall or farm audit programs
M
MARKET VIOLATIONS
Table 2: Market Violations - Schedule B
Violations listed in Schedule B will be documented in the market participants file and 1entain effective for 12
months.
Violation
P1 Offense
2d Offense
3r° Offense
Non - compliance 3vith
Oral reprimand ate
I day suspension from the
3 month suspension from all
7.1B
local health department
corrective action
coon
same SMFM the following
SMNMs
regulations
week
7 2B
Selling product not
Oral reprimand immediately
same SM '1 day suspension from the FM the following
3 month suspension horn all
listed on CPC
remove product horn table.e
week
SMPMs
7 3B
Selling product not in
Oral reprimand urom
] day suspension from the
same SMFh -I the following
g
3 month suspension from all
selling agreement
to le.3
remove product from tables
week
SIbIF7bIs
7AB
False Organic
Oral reprimand immediately
1 day suspension from the
same SMFM the following
3 month suspension from all
Marketing
remove product from table.3
week
SIVIFMs
7 5B
Culls, poor quality,
Oral reprimand from
1 day suspension from the
same S1 \lFM the following
3 month suspension Eiorn all
overripe
table.
remove product from table.
week
SNIFMs
7.613
Stall Sales Audit Discrepancy of 20% averaged over 3 months
Any combination of four (4) Schedule B violations in a 12 month period shall be cause for a 3 month suspension from SNIFbis..
with reinstatement of selling privileges contingent upon space available.
3 Sellers may not return with product, label or claim "organic" until it is amended on the CPC, Certification,
selling agreement or Organic registration (where applicable). An audit may be conducted to verify production
of remaining products. A report may be made to the Sellers county Agricultural Department and other
appropriate authorities.
�k: -I
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.
Violation
fs' Offense
2"" Offense
3'd Offense
4" Offense
9t" Offense
No show without
1 day suspension
1 day suspension
7.1C
telephoning prior
Oral reprimand
Oral reprimand
Oral reprimand
from the same
from all SNfrVt s
to market start <
with note to file
with note to file
with note to file
SMFM the
the following
following week
week
1 day suspension
1 day suspension
7.2C
Arriving after
Oral reprimand
Oral reprimand
Oral reprimand
from the same
from all SNLFMs
market start time.4
with note to file
with note to file
with note to file
SMFM the
the following
following week
week
General stall set up
Sales suspended
Sales suspended
Sales suspended
Sales suspended
Sales suspended
7.3C
not to standard
until set up is
until set up is
until set up is
until set rip is
until set up is
correct
correct
correct
correct
correct
Failure to submit
load list
f.oad sheets are due at d,c
Oral reprimand
Oral reprimand
Oral reprimand
Oral reprimand
Oral reprimand
7.4C
eod of oa h ,mrka. Load
with note to file
with note to file
with note to file
with note to file
with note to file
shorts adt be ncccptcd cia
fax ov called in ou acnsc by
sc basis nrula. 24 houn
after d,e market.
Failure to clean
7.5C
stall space or
Oral reprimand
Oral reprimand
Oral reprimand
Oral reprimand
Oral reprimand
leaving trash
with note to file
with note to file
with note to file
with note to file
with note to file
behind
Any six (6) Schedule C violations in a 12 month period shall be cause for shall be cause for a one (1) month suspension
from StlIFll4s with reinstatement of selling privileges contingent upon space available.
4 P:mergency exception: If vendors miss a market due to an emergency, a 48 hour grace period will be
granted. However, sellers must contact the Santa Nlonica Fanners Market via email or voicemail within 43
hours of the market start Lune to avoid a violation and ensure their space for the following market.
35
MARKET VIOLATIONS
Table 4: Payment Violations
Market management shall provide reasonable due process to all market participants
p telatinv to the invosido i of a fine. suspension dismissal ot_expulsion ftom the
SMFMs.
7.2 DISMISSALS
Due to the serious nature of the vioLitions listed in Schedule A. anv such
violations nre_ytounds tot inmtnediate dismissal from the market. '1'lpe Farmers
Market Supervisor may impose reasonable conditions on any dismissed market
participant, to ensure that the violation is not rwe ated before authorizing any
such dismissed market oartici pant to return to the market. The Futnets Mal et
Supervisor shall communicate the teouired conditions and the reasons for such
conditions in writing to the inuarket uarticipant within five days after the
dismissal. If no such conditions are imposed within this five- daTpetiod the
narl_e par cunt shall have the right to t�esutne o eradons at ail SMI FNIS.
AMT conditions inn nosed may be annealed by the market participant pursuant to
Section 7.4 (Appeals & Administsaliv_e Fleuin >s of these Rules. iurint, the
a p eal process the e ondidons imposed by the Fartnet's Market Supeivnsor shall
remain in frill force and effect _ Thus the marl etai Qt ant maxiiot retu n to
ally SMFM without firs tcomplyinc, with the required conditions.
7273NOINE-OFIN7ENT-TGTAKE4kCTH)NPRO.POSED
___ IAA
SUSPENSKMANDEMPULSIONS
Market participants shall receive a written tallotice of Proposed a a jai x por ed
ke- Action if the proposed enforcement action includes a suspension longer than 1 day,
RN
31-60 Days
69 -90 Days (V t offence)
69 -90 Days (2`r offence)
violation
From date of
From date of invoice
From date of invoice
invoice
Suspension From all markets until
Suspension from all markets until
balance is paid in full, including current
balance is paid in full, including
Failure to pay stall
month's balance Thereafter, required
current month's balance. Thereafter,
7.1D
fees on time
Written notice
to pay stall fees at the completion of
required to pay stall fees at the
each market day attended for six
completion of each market day
months.
attended as long as a Market
Participant.
7.2D
Check returned due to
$25.00 returned check fee for ist occurrence, $35.00 for all subsequent occurrences. All future fees
insufficient funds
must paid via certified check or money order
7.3D
Failure to comply with
suspension from all markets until account is brought current
weekly payment plan
Market management shall provide reasonable due process to all market participants
p telatinv to the invosido i of a fine. suspension dismissal ot_expulsion ftom the
SMFMs.
7.2 DISMISSALS
Due to the serious nature of the vioLitions listed in Schedule A. anv such
violations nre_ytounds tot inmtnediate dismissal from the market. '1'lpe Farmers
Market Supervisor may impose reasonable conditions on any dismissed market
participant, to ensure that the violation is not rwe ated before authorizing any
such dismissed market oartici pant to return to the market. The Futnets Mal et
Supervisor shall communicate the teouired conditions and the reasons for such
conditions in writing to the inuarket uarticipant within five days after the
dismissal. If no such conditions are imposed within this five- daTpetiod the
narl_e par cunt shall have the right to t�esutne o eradons at ail SMI FNIS.
AMT conditions inn nosed may be annealed by the market participant pursuant to
Section 7.4 (Appeals & Administsaliv_e Fleuin >s of these Rules. iurint, the
a p eal process the e ondidons imposed by the Fartnet's Market Supeivnsor shall
remain in frill force and effect _ Thus the marl etai Qt ant maxiiot retu n to
ally SMFM without firs tcomplyinc, with the required conditions.
7273NOINE-OFIN7ENT-TGTAKE4kCTH)NPRO.POSED
___ IAA
SUSPENSKMANDEMPULSIONS
Market participants shall receive a written tallotice of Proposed a a jai x por ed
ke- Action if the proposed enforcement action includes a suspension longer than 1 day,
RN
MARKET VIOLATIONS
any fine or expulsion from the SWIVIs. 'Fhe enforcement ac on pail 1>ro450sc cE in the
Notice is not effective until faialed as authotizcd by these rules.
The Notice shall:
® State the specific reason(s) for the pity -red- action.
® Be delivered in person or mailed, faxed sent by C cuificd ht iii of e- tt»tiled
to the market participant prior to an imposition of a fine, suspension or
expulsion unless an immediate suspension is necessary to protect public
health, safety or welfare.
Advise the participant of the written appeal process of the ptetpr7sc 1
action.
�`,sal�patt: � 1 i�:- rzf- Iz�teat�zrke- Aetistr- lsrrrrt §��= =r>-he
man ed a kea ape l n; —the
keas�s
v m)atket oarticipant max, reouest an Office Conference with die F'ati -cei's NFirket
Su. ervisor to �review a Notice of proposed Pi � � Action, j1nv such tee ue_t
must be made within five days after the issuance of the Notice of 1 to os L Action.
The Office Conference would be an informal o ipor unity for the market naxticipant to
present evidence and argument as to why the pr000sed action should not he finaled.
Tile- Eii-'C�eEiSi: <.�;. �- rx�ei?crcir-si rii _.r"c= �rrza- r�_r'n`iti -r t
�r Fanner's Market Su oervisoi_ shall issue
his /her decision ("Final F,nforcement Action") Nvithin five days after the conclusion of
the Office Conference, or, if no Office Conference was rimela requested within ten
days after the issuance of the Notice of Proposed Action. 'Phis Final Enforcement
Actiou_is effective on the date of issuance. In the case of an ex ulsion. the Final
i ?nfoi- cement Action shall remain in full force and effect dwiny the nendencv of the
)&Ite process n�hm _. c� nv a deer n al rr , -M -ttt.
f nR t o ter r rf ll fi c i effec
M
MARKET VIOLATIONS
"a'.�,I.2 —tom rt uat�r�r` s6s�ertt aa�,,,, -tee i _
7,34,Z -7.4 D a me Administrative Wearing
s e es i f Tan -' Anv F inttl F ,nforcement fiction
and /or conditions iln xosed ss a result of a dismissal mw be_aoeided to the C't of
Santa Monica F 1lmeis l]\lnticct Su ervisor's M"11mTer. If the Nhwt leer is unable to
conduct the he arinL„ the I lou1111 and lfconomic Develnnment D ector shall a joint
fl heal7nQ e>fficet.
The i7xeltant has the burden of troof In order for the allnellaT nt to tevail he she
mast sho,_v, by a trepondetance of the evidence, that City stiffs decision under review
is not ,ruthovi ed by a �llctblc fedclal state or local tawv of is inconsistent with the
these adopted Rules.
'Ibe teciuest for a rincii s tnust he submitted _in vvtitin r within 30 da, =s ftoln the bite
stated on 1]x �i -ri", -tfsr ,
_ ` ' _ _' a„�— <t�er,l3nsl:_inal I ;nforcc;n7ent Action of the
t \t � k�r=rt_z,rrd2� -the lidministrative ETearitTd� tl7c ap��ellaut mam \� a�tttrprescnt
evidence and ar t� mcnt r � rdiut the reasons slated in the Final F nfot:cen eat Ac on
or the imposition of conditions nn�e�I
38
MARKET VIOLATIONS
hear fc if n. r \dtnity trattvc 1rHca;_tn s 5hal(_f sult_in_a viittcu
decision upholdn�, evctsurli arnendit_r81c f1 ntt e Emal_I?nforcencnt
Action car the imlrosition <�f.condihons- f- #cyrrttt��
This - decision - rt4-}vi}1shgll be the
Citds final adtninisttativc decision tttd_shall not be snhieci to futthc-t administtative
atmcal. 'Thee €trr;t�dcciston shall be. ts_ucd trr_e_ e t- v_ith3n 30 days after the
conclusion of the Admiatstrative 1 Iett'irr f k i_ t- P j}l E eE -- firnlrt�t'
nit -��re �rtrti- �a��I�t��eEt;sert;:rll ieartrt�; t�r3re�trt�kkc tt c�i -ntxl- tee - Wised_,
��erti�ec3�t�tat� *rie�c�cl- l�r+��{tr -et-�t r�c�taate <i€ a- e���a�a'�- �;Ttnerstrrttlst
;, evr�1,�, �,t trrthe f _ krrrettt- tar- €tn :td� e-c� ttt3tr;t ste -�; =m
xesfic� rrre�€kke ttrle- crr�tt�et�ktre i�t -Elr -, Pattie _�rFnrt4tertt- tv- ttlrtlrl�tf r :rt3�1
c�rTlrtet-
RE
GLOSSARY OF TERMS
Lei
• i (�
Tlnsgiocrarg of terms ifprovided to define kww used b ugbout the documentfor 11V purpae of
pioarditgda # and tbnsLten9t: Tlvflsttimeglosfarg te)msappearin Tlx Ruks thegwill be itaka-,ed
Many of the definitions am taken xtbatNi from Ca�(otraia Code of FWlwons, Akk 65 Direct
117arkeiirg seclkin 9392.2 DOEff ns There defniliansatz iiiduatedwith an astetis,-
CDFA
California Department of Food and Agriculture.
Certified Agricultural Products *
Agricultural products, which are certified under the jurisdiction of the county agricultural
commissioner relative to inspection and verification of compliance with the provisions of the
Barclays California Code of Regulations, Article 6.5, include fresh fruits, nuts, vegetables, shell
eggs, honey, cut flowers and nursery stock. [CURFFI, 27512 and CCR 1392.201)]
Certified Farmers Market (CFM) *
A location approved by the county agricultural commissioner of that county where agricultural
products are sold by producers or certified producers directly to consumers. A certified
farmers' market may be operated by one or more certified producers, by a nonprofit
organization, or by a local government agency. [CCR 1392.2(x)]
Certified Producer (farmer) *
A producer authorized by the county agricultural commissioner to sell certified agricultural
products, produced by practice of the agricultural arts upon land which the certified producer
controls (land that the producer or certified producer farms and owns, rents, leases or
sharecrops), directly to consumers at a certified farmers' market "Certified producer" does
not mean "Certified Organic." [CCR 1392.2(e)]
Certified Producers Certificate (CPC)*
A certificate issued by the County Agricultural Commissioner authorizing the transportation
and sale of certified agricultural products. CPCs list all products grown by a certified producer
as well as the growing location and acreage, projected yields and harvest seasons. [CCR
1392.2(4)]
Consumer*
(1) A customer who is an end user
(2) individuals, organizations, or entices that subsequently sell the produce directly to end
users
(3) Individuals, organizations, or entities that distributed the produce directly to end users at
no cost to those end users.
Direct Marketing Regulations
California Administrative Code, Title 3, Chapter 3, Group 4, Article 6.5.
Dismissal
During market,amarket participant whoHe -is dismissed shall pack up ihtii his zhcv goods
andmuncdlatelV- leave the market premises IheFajucr Ahukct sStmlhVELmkv tm..,lrose
m non ible tun &pons on 11" m
e dititssed m mrkct >artyvjj�nutto e17Jd< th tut tJie"jo ration k n
dS pc. ttGc�„,13eto�c mi ]horizin Am suchdisiru udn111 k C Putier ant to rr tarn fot 11 m.u3let.
Itl.ms,
Electronic Balance Transfer (EBT)
EBT cards are 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
electronic transactions. To participate in the EBT program, fanners' markets are required to
use a scrip system. At the SMFi \4s Scrip is a currency, in the form wooden tokens designed by
the SblFAls; name in denominations of $1.00. Clients can use their EBT card to purchase
scrip from the market at a central location and then use the scrip to purchase eligible food
items from farmers at the market. At the end of the day, farmers are reimbursed by the market
for the amount of scrip they received.
GLOSSARY OF TERMS
Employee's
Any person employed by a certified producer at a regular salary or wage, on either a full or
put time basis. It does not include a person who is reselling or whose compensation is
primarily based on a commission of sales. [CCR 1392.20]
Expulsion
Market participants, who are expelled, arc prohibited from selling at SMFMs permanently
Iii {tffY• fii4r} Ff F-' i- Nt4riitir$_W_TftHHRt2t- FVi1Hfi "f.} e }if'Ci -iYLf (itHtCt .zH- HHfr:t'f?i'3 {F} pftfkig2
}i-f1 �iiP1 4{ tf H}. k` .HI- if'i6rmrmzT�rf"r�- ltYfYH4P4 iii3[
Immediate Family
Parents, children, grandparents, grandchildren of the certified producer or a family member
regularly residing in the certified producer's household. [CCR 1392.2 -(i))
Identity, Responsibility and Quantity
1. A declaration of identity that is the common or usual name of the commodity.
(IRQ)
2. A declaration 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.
Market Participants
Term used to refer to producers and vendors together.
Non - certifiable Agricultural Products
Any agricultural product which is not certified by the California Agricultural Commissioner.
Products include: juice, jams and jellies, dried fruits and vegetables, shelled or roasted nuts,
fish and seafood, poultry and poultry products, livestock and livestock products and dairy.
[CURFFL 27512 and CCR 1392.2 -(m)]
Non - certifiable Processed Agricultural
Processed food products where the primary ingredicm(s) are grown by a Certified producer
Product
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.
Partnership
A spate entity distinct from its individual members.
Prepared Food
Food for consumption prepared at the site where it is being sold
Pre - packaged Food
Food for consumption prepared and packaged in a certified kitchen and then brought to the
site where it will be sold.
Producer
A person or entity who produces agricultural products by practices of the agricultural arts
upon land which the person or entity controls. [CCR 1392.2 {d)]
Request for Proposal (RFP)
Application form used to apply for Non - certified stall space.
Request for Qualification (RFQ)
Application form used for entertainment to illustrate experience and express interest.
Second Certificate
A CPC may include the name of a second fazmcr who has permitted the first farmer to sell the
second farmers' produce. The CPCs will have both farmers; mutes and addresses listed on
them permitting this business relationship.
SMFM(s)
Santa Monica Certified Farmers Market(s)
Farmers' Market Nutrition Program for
Established by Congress in 1992 and administered by the California Department of Health,
Women Infants and Children
the FAINP provides coupons for WIC participants which can be used to purchase a variety of
(FMNP /WIC)
fresh fruits and vegetables at Certified Farmers' Markets not provided in the WIC food
package and allows participants to purchase these foods.
Senior Farmers' Market Nutrition
The SFNINP is administered by the California Department of Aging and provid cs coupons to
GLOSSARY OF TERMS
Program (SFMNP)
low- income seniors that can be used to purchase fresh fruits, vegetables and herbs at certified
farmers markets during play through November. Small family farmers that sell produce at
certified farmers markets receive all cash from the program.
Suspension
A defined period of time where Alarket participants are prohibited from selling at one, many
or all Sh4Fbis.
Vendor
Any participant in the market selling Non - certified products including retail, prepared foods,
or processed food.
MARKET HOURS AND DAYS
1VbtkdhowsanddDuaio m jettto dwngean�lerI/vso eaid5oryand drsavlion of Ile G#A anger
Wednesday Farmers Market
Second Street at Arizona Avenue
8:30 am- 1:30pm
Opened: July 15,1981
Saturday Organic Farmers Market
Third Street at Arizona Avenue
8:30am -fpm
Opened: May 8,1991
Virginia Avenue Park Farmers Market
Comer of Pico Blvd. and Cloverfield Avenue
8am - 1pm
Opened: March 14,1992
Main Street Farmers Market
2640 Main Street at Ocean Park Blvd.
9:30am -fpm
Opened: January 15,1995
0
RATES AND FEES
Below pkam find tIv SAI]PIUschedule of lak andfeesformiiousmafketpern"nts Fees aju sayatlo change ataaillly mai et
managment. Vendors are ponsible topgfeaar listed belowfora y sales activity thattake pla, du#in / mmketday orb onion
theIaof.
Vendor Type
Rate Charged
Certified Producers
4.5 % of gross sales paid to the SMFMs
Producers
4.5 % of gross sales paid to the SMFMs
Prepared and processed Agricultural
4.5 % of gross sales paid to the SMFMs
Non - certified Processed Producers
4.5 % of gross sales paid to the SMFMs
Prepared Food and Pre - Packaged
Food
maximum 10x20
Santa Monica Businesses
Non -Santa Monica Businesses
100 for first 10x10, $50 each
additional 10x10 paid to the
$150 for first 10x10, $50 each
additional 10x10 paid to the SMFMs
Featured Restaurant
$125.00 per day paid to the SMFMs
Business Improvement Associations
$20.00 per vendor space allotted not contingent upon vendor
attendance
Retail
Contact MSBIA
Program Type
Rate Paid
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
he proceeds.
Chef Marketing
Up to $500.00 market produce stipend, $150.00 charge, chef keeps the
proceeds.
NURSERY STOCK
To Alnumys&k at die SautaMoniwFurrnen Afarkels certifredpvducers)rzustad1vv to daefollowingstandanls
Possess a valid nursery license, whether fee exempt or commercial
2. Comply with pest cleanliness quality and varietal trueness standards.
3. Upon request of an enforcing officer or market manager supply records that
verify the nursery stock they sell is of their own production. Records must he
kept for a period of not less than 12 months, and include the date and source of
materials. Production shall mean:
a. Plants are in the possession and control of the certified producer for not less
than 90 days or from purchase or from the date of first planting in the case
of sexual (seeds) and vegetative- asexual (cuttings, grafting, etc)
b. The certified producer has practiced agricultural arts upon the plants
including one or more of 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 in the
transplanted container.
IV. Prepare plant vatietals (potted arrangements of mixed plants) using
only growers own certified plants (refer to 3bI, II and /or III).
V. All certifiable plants must be labeled with at least the common
name and preferable common and botanical name.
k
Reference Resolution No.
10662 (CCS).