SR-06-11-2013-3LCity Council Meeting: June 11, 2013
Agenda Item: '4-- 1_
To: Mayor and City Council
From: Andy Agle, Director of Housing and Economic Development
Subject: Farmers Market Rules, Regulations, and Policy Guide Update
Recommended Action
Staff recommends that Council approve amendments to the attached Farmers Market
Rules, Regulations and Policies.
Executive Summary
The Santa Monica Farmers Market Rules, Regulations and Policy Guide
( "SMFM Rules ") were last updated by Council on March 20, 2012. Staff recommends
that the SMFM Rules be amended to update the prepared and pre - packaged food
contract and attendance terms, modify the vendor payment and account delinquency
policy, and incorporate a new musical entertainment selection process for the Saturday
Pico Farmers Market.
Background
On November 10, 2009, Council adopted the SMFM Rules, codifying practices that had
been in place for many years. On May 25 2010, City Council adopted Section 2.3.2 of
the SMFM Rules pertaining to prepared and pre - packaged food sales at the markets.
Prepared and pre - packaged food may only be sold in the non - certified section of the
markets and is meant to be an ancillary activity to increase the overall ambiance of the
farmers market.
Staff developed an annual Request for Proposals (RFP) process for prepared and
pre - packaged foods, and proposed to review the RFP evaluation criteria and terms of
participation after the completion of the third RFP cycle, which was completed in
September 2012. Prepared and pre - packaged food vendors are selected based on a
set of selection criteria balancing ingredient sourcing, sustainability, food quality,
experience, product mix, and business location. For the first three years (2010, 2011,
1
and 2012), selected RFP respondents were awarded one -, two -, and three -year
contracts beginning on October Vt in order to stagger their expiration dates and ensure
that one -third of the prepared food vendor spaces would be up for competitive bid each
year. Upon completion of the third year of the RFP selection process for prepared food
vendors, staff noted that contract initiation dates were out of sync with County Health
Department permit cycles and followed the markets' peak selling season.
Staff's ongoing experience with the markets since the SMFM Rules were last updated
has also highlighted the need for attendance requirements, a delinquent account policy,
and a new musical entertainment selection process for the Pico Farmers Market.
Discussion
Staff proposes the following amendments to the SMFM Rules:
• amending the prepared and pre - packaged food contract terms to align with the
annual health permit requirements and to coincide with peak selling season;
• limiting the number of absences a prepared and pre - packaged food vendor may
have without penalty;
• defining a delinquent payment policy; and
• establishing a lottery system for allowing acoustic music performers at the Pico
Farmers Market.
The substantive modifications to the proposed SMFM Rules are summarized as follows
with reference to applicable document sections:
• Entertainment: Section 2.3.9.2 has been added to provide a music program
selection process at the Saturday Pico Farmers Market that would provide for a
monthly performance schedule.
• Prepared and Pre - Packaged Foods: Updates to section 2.3.2, the prepared and
pre - packaged food section, include adding language so that the contract duration
would be determined with each RFP. Additionally, updates to section 2.4.2, the
vendors section, describe the framework of the selection processes of prepared
food vendors and outline the process to fill a vacated vendor stall. In addition,
a proposed update would initiate new contracts in July in order to align with the
County Health Department's annual permit renewal schedule, saving each
vendor approximately $200 annually. The change to July would also allow
2
contracts to begin during the markets' peak selling season. A proposed update
would enable staff to extend some existing contracts by nine months to enact the
timing improvements. These operational issues were not addressed previously.
® Delinquent Accounts Policy: Updates to sections 3.6, 3.6.1 and Chapter 7, table
4, violation 7.1 D are proposed to better define the delinquent policy and increase
the penalties to improve staff's enforcement ability. The proposed penalties for
late payments of accounts, which become delinquent after 60 days from the date
of issue. are as follows:
61 Days
61 Days
61 Days
(1st offence)
(2nd offence)
(3rd offence)
From billing date
From billing date
From billing date
Suspension from all
Suspension from all markets until
Suspension from all markets until
markets until balance is
balance is brought current within 30
balance is paid in full, including current
brought current within
days.
month's balance. Thereafter, required
30 days.
to pay participation fees weekly.
® Prepared Food Vendor Absences: The addition of section 4.1.1 creates policy
limits for prepared and pre- packaged food vendors to three excused absences in
a calendar year. Market fees will be waived for excused absences. The change
is intended to reduce prepared and packaged food vendor absences and ensure
that market customers regularly enjoy a full range of offerings.
The proposed updates and modifications to the SMFM Rules were distributed for
comment to the Farmers Market vendors and were also presented to the Main Street
Business Improvement Association Board on May 13, 2013, the Downtown Santa
Monica, Inc. (DTSM, Inc.) District Issues Committee on May 14, 2013, the DTSM, Inc.
Board on May 23, 2013, and the Pico Improvement Organization Board on
June 5, 2013. There was broad support for the proposed changes.
The proposed SMFM Rules (Attachment A) would supersede the existing SMFM Rules,
become effective upon the date of approval by Council, and would be subject to periodic
review and modification by the Farmers Market staff and City Council. The proposed
modifications to the RFP selection process reflect staff's commitment to reviewing the
policy upon the completion of its first three -year cycle, and address the operational
needs of the vendors. Defining a delinquent payment policy and anticipating the
emergence of a music program at the Pico market should be addressed at this time in
order to maintain optimal market operations.
K
Alternatives
If the proposed revisions are not approved, the three -year contract cycle for prepared
food vendors will continue as before, without aligning with the County Health
Department's annual permit cycle, at greater cost to each vendor. Delinquent
payments by vendors, while becoming less common, have not been adequately
addressed in the Rules and may continue to unnecessarily occupy staff time in
enforcement. As the farmers markets grow in popularity over time, increased demand
for ad hoc musical entertainment at Pico may occur. Without a policy, the Pico market
would have no means of addressing musical entertainment that exceeds the available
space, which could unnecessarily affect the small, intimate feel of the market in its
setting in a public park.
Financial Impacts & Budget Actions
There is no immediate financial impact or budget action necessary as a result of
amending the SMFM Rules.
Prepared by: Jodi Low, Farmers' Market Coordinator II
Approved:
Andy Agle, Director
Housing and Econc
Attachments:
ment
Forwarded to Council:
Rod Gould
City Manager
A. Proposed Farmers Market Rules, Regulations and Guidelines 2013
B. Farmers Market Rules, Regulations and Guidelines 2013 - redline
CITY OF SANTA MONICA
Farmers Markets
Attach anent A
Regulations and
rolicy Guide
Adopted
May 25, 2010
Updated
March 20, 2012; June 11, 2013
Santa 1lonian
FARMERS MA1RIMTS
1901 Maui Street, Suite F
Santa Monica, CA 90405
Phone 310.458.8712 — Fax 310.391.9996
-,v�vw. farmer stnarket. smgov.net
farmersm<uket @smgov.net
FAR? S
MARKETS
TABLE OF CONTENTS
1 AUTI-IORITYTO OPE RATE ........ .................................. .-.. ... .......................... ........ ........ ... ...... ... ...........
1
2 PARTICIPATION ..........................................................................................................
..............................3
2.1 SMF\IS ORGANIZATION
AND LAYOUT ................................. ..............................3
2.1.1
Certified Agricultural Section ........... .......................... ... ...... I ..............
3
2.1.2
Non - Certified Section ............................................ ...............................
.l
2.2 CERTIFIED
AGRICUL,TURAL SECTION ................................... ..............................4
.. 2.2.1
Required Documentation ....................................... ..............................4
2.2.2
Selection Criteria: Certified Producers ............... ...............................
5
2.2.3
Additional Selection Criteria: Meat, Poultry and Dairy ..................6
2.2.4
Additional Selection Criteria: Nursery Stock ..... ..............................7
2.2.5
Additional Selection Criteria: Producers of Fish and Shellfish .....
7
2.2.6
Second Certificate .................................................... ..............................7
2.2.7
Partnerships ............................................................... ..............................8
2.2.8
Growing Practices .................................................... ..............................9
2.2.9
OrgauicProducts ................................:.................... ..............................9
2.2.10
"No Chemical' "Pesticide Free" label ing ........... ..............................9
2.3 NON - CERTIFIED SECTION-......... .............................................. .............................10
2.3.1
Non - certifiable Processed Agricultural Products ...........................
10
23.2
Prepared and Pic Packaged Food ........................ .............................10
2.3.3
Featured Restaurants .............................................. .............................
12
2.3.4
Wild Harvested and Foraged Agricultural Products ......................
13
2.3.5
Sellers of Wild - Caught Fish and Shellfish ........... .............................13
TABLE OF CONTENTS
2.3.6 Information Tables ............................................... ...............................
14
2.3.7 Farmers Market \Management and Information Booths ...............14
2.3.8 Retail .......................................................................... .............................15
2.3.9 rlMusical Entertainment ........................................... .............................
15
2.3.10 Children's Activities .............................................. ...............................
16
2.3.11 \Market Sponsored Consumer Education and Outreach. ..............
16
2.4
TERtbIS OF PARTICIPATION ......................................................... .............................16
2.4.1 Certified Producers and Producers .................... ...............................
16
2.4.2 Vendors ..................................................................... .............................17
2.5
HOW IS STALL, SPACE AL LOCATED? ....................................... .............................17
2.6-
"NO ASSIGN \1IENT" (CIIANGE IN OWNERSHIP OF FARM OR
BUSINESS) ............................................................................................. .............................17
2.7
INFORMATION DISCLOSURE ST ATEMENT ......................... .............................18
2.8
OTf IER ACTIVITIES ....................................................................:.... .............................18
2.8.1 Fihning ...................................................................... .............................18
2.8.2 Si gn ature Gatherin / etitionin g/ Leafletin g ..........................
........ 18
2.8.3 Product sample distribution ................................ ...............................
18
3 DOLLARS AND CENTS ...................................................:........................................ .............................19
3.1
PRICES & \MONEY HANDLING ................................................... .............................19
3.1.1 Product Prices ........................................................ ...............................
19
3.1.2 \Money handling ....................................................... ........:....................19
3.1.3 Refunds ..................................................................... .............................19
3.2
LOAD SI IEETS .................................................................................... .............................19
3.3
RATES AND FEES .............................................................................. .............................20
3.4
BILLING ................................................................................................. .............................20
3.5
PAYM ENTS ....................:...................................................................... .............................20
3.6
DELINQUENT ACCOUNTS ........................................................... .............................20
3.7
RETURNED CHECKS ....................................................................... .............................20
3.8
CREDITS ................................................................................................ .............................20
3.8.1 Assistance Program Participation ....................... ...............................
20
3.9
OTHER COUPONS ..................................................................:......... .............................20
4
TABLE OF CONTENTS
3.10
DONATIONS ........................................................................................ .............................21
3.11
SALES TAX ............................................................................................ .............................21
4 HEALT 1, SAFETY& CONDUCT .......................................................................... .............................23
4.1
ABSENCES .......................................................................................... .............................23
4.1.1 Prepared Food Absences ..................................... ...............................
23
4.2
ANI\ 4ALS ............................................................................................. ...............................
23
4.3
CLEANING STALL SPACE .............................................................. .............................23
4.4
COT\,hAIERCLALRE SALE ................................................................... .............................24
4.5
COURTEOUS CONDUCT ................................................................ .............................25
4.6
CUSTOMER ADVISORIES .............................................................. .............................25
4.7
DECEPTIVE PACK ............................................................................ .............................25
4.8
FIRE ......................................................................................................... .............................25
4.9
HANDWASHING ................................................................................ .:...........................25
4.10
HEALTH CODE COMPLIANCE ................................................... .............................25
4.11
1vfINI 1\4UM GRADE REQUIREMENTS ..................................... ...............................
26
4.12
NOISE, DISTURBANCE ORINTRUSION ................................. .............................26
4.13
NON-\ IARI= RELATED ACTIVITIES ................................... .............................27
4.14
PARKING ............................................................................................... .............................27
4.15
PREVENTION OF I-IARRASSiV1E,NTIN THE WORKPLACE ..........................27
4.16
PUNCTUALIT Y .................................................................................... .............................27
4.17
SAMP LING ............................................................................................ .............................27
4.17.1 Sampling Setup ........................................................ .............................27
4.17.2 Sampling Procedures .............................................. .............................28
4.18
SIDE - SELLING AND DELIVERY ................................................. .............................28
4.19
SMOKING. ........................ .................................................................. ..............................
28
4.20
SUBSTANCE USE ................................................................................ .............................28
4.21
OVER RIPE ........................................................................................... .............................28
5 SE'T'UP &
DISPLAY ...................................................................................................... .............................29
5.1
STALL LAYOU' I ................................................................................... .............................29
5.2
WEIGFITS AND MEASURES .......................................................... .............................29
5.3
LABEISNG& DISPLAY ..................................................:................ .............................29
5.3.1 Closed or sealed containers ................................. ...............................
30
TABLE OF CONTENTS
5.3.2 Prices
5.3.3 Organic Labeling........
7.4 APPEALS AND ADMINISTRATIVE HEARINGS .................... .............................40
5.3.4 Signs and Posting
31
5.3.5 Growing Practices Disclosure .... ............. ........................ :..................
31
RATESA ND FEES ................................................................................................................ ..............................2
5.3.6 Sustainabilit y .............................................................. .............................32
NURSERYSTOCK ................................................................................................................ ...............................
5.4
SETUP & BREAKDOWN TIMES ................................................... .............................32
...................................... ...............................
6 AUDITPROGIZ AM ................... .............. .............................33
6.1
STALL SALES AUDITS ...................................................................... .............................33
6.2
FARM AUDITS ..................................................................................... .............................33
6.3
MYSTERY SI- IOPPER ......................................................................... .............................34
6.4
AUDIT PROGRAM PARTICIPATION ......................................... .............................34
7 MARKET
VIOLATIONS ............................................................................................ .............................36
7.1
ENFORCEivfENTAND DUE PROCESS ..................................... .............................39
7.2
DISMISSALS .......................................................................................... .............................39
7.3
FINES, SUSPENSIONS AND EXPULSIONS ............................ ............................
.. 40
7.3.1 Office conference .................................................... .............................40
7.3.2 rill, I Fazmct,s \tarltet Enforcement Action .... ...............................
40
7.4 APPEALS AND ADMINISTRATIVE HEARINGS .................... .............................40
GLOSSARYOF TERMS ....................................................................................................... .............................II
MARKETHOURS AND DAYS ......................................................................................... ..............................1
RATESA ND FEES ................................................................................................................ ..............................2
NURSERYSTOCK ................................................................................................................ ...............................
3
m
A al-Yl,aw fflnsbw
Stablished July 15, 1981, the Santa Alotnea Ceitified Fmmerr Alarleets (SNIFMs) and
accompanying programs are committed to promoting healthy eating and
sustainable agriculture in California by providing fresh agricultural products
direct from small fauns to urban customers, thereby building community and preserving
California farmland. The City of Santa Monica (hereafter referred to as the City) oversees
the operation and management of four Cetti ied Faimerr'1Ylaikets (CFMs):
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 die Downtown Santa Monica Business
District and is adjacent to the 3rd Street Promenade retail businesses and. restaurants.
Each week over 8,000 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 is held every
Saturday from 8:30 am 1:00 pm on Arizona Avenue at 3rd Street. The Saturday
Downtown Market boasts the largest percentage of certified organic growers of the
City's four markets. In the heart of the Downtown Santa Monica Business District,
the Organic Market is adjacent the 3rd Street Promenade retail businesses and
restaurants. Each week over 4,000 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 pm in Virginia Avenue Park. This market features locally
grown produce and flowers as well as pi- epared foods and breads. Each week over
3,000 customers, primarily from the local neighborhoods, visit the Pico Farmers
Market.
Sunday Main Street Market: The Sunday Maui Street Market is held every Sunday
from 9:30 am to 1:00 pin, in the Heritage Square parking lot. Market Pcnticipaiats
include local California farmers, prepared food vendors, businesses from the local
business district, children's activities and musical performances. Each week, over
5,000 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
Authority to opemle it Aimed y the Stak of (Worma, the IDs fLgeles County Dolbimls of
Heahh and,*2m111✓rre /TY1ghes andMeas<rrrs and the City of Santaywotnca, &mflerrefeired 10 as
the Gi These tales were adopted by the Czty of Santa Monica Colmal Mg 25, 2010 and
saabsegarentlytpdatedManh20, 2012 andMay _2013.
MPMs are CFMs operated by the City in accordance with regulations established
in California Administrative Code, Title 3, Chapter 3, Group 4, Article 6.5, Direct
Marketing. These markets are subject to all pertinent local, county, state and
federal regulations and laws. All participating prodaceis are expected to be farniliar Nvith
the current Dima Maikeling Regulations and these Rules, Regulations and Policy Guide
(heteaftet referred to as "The Rules ").
In addition to the CFMs, adjacent non - certified activities are operated wider the
authority of these rules and the City.
The purpose of The Rules is to govern the operation, administration and management
of all fartners' markets under control of the City. As set forth by the Direct Market tin
Regulations, all organizations managing CFMs are required to establish rules and
regulations. The organizations' rules and regulations may be mote stringent than those
established by Direct Marketing Regulations provided that they do not violate Or
conflict with other relevant state laws or regulations.
SMFMs management and its designated agents will nnplement and enforce all Rules,
Regulations and Policy pertaining to the operation and management of any Santa
lvlonica Fanners Market (SlvIFM) in a fair and equitable manner.
7
PARTICIPATION
This section answers de querlims of bow the SM Ms am oigni4d, a)o taffy sell at the market; wlv
produclsmcy be sold haw to a,*At wh atpermils are Iquired to sel, bowpa�lrcf rtzon zr deterrrinedand
howstall spaces are allocated Al products and services attlge SAff Is rnairthaae the j'io"Vroml of
theSIVIFZVlsmai )agernentandates<r jectloawilablespaa,
21 5Wff- PIS ORGANmAmON AND LAYOUr
Each market is divided into two sections: the Certified Agricultural section and the
Non - Certified Section.
2.1.1 Certified Agricultural Section
Certified agicultatral products and Mon - certifiable Agricultural Products may be sold in the
Certified Section of the market.
1. Certified agricultural products are products which are grown by a certified
p- odrscer (famm) 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.
2. Non - certifiable Agticultural Products include all certified agricultural
products drat have been processed and include those products other than
cettified 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(111)]. Non certifiable Agricultural products include: juice, jams and
jellies, dried fruits and vegetables, shelled or toasted nuts, fish and seafood,
poultry and poultry products, livestock and livestock products and dairy.
m
PARTICIPATION
2.1.2 Non - Certified Section
Non- ceitfablePiocessedA giicultuualProdiicts, Pi'epaiedand Poe jackagedFood, Retail, and
enteitainweni ate located in the Non - Certified Section of the market and must be
designated as such.
1. Nan- ceitfableProcessedAgiiculturalPi 'odncts. Non - certifiable Processed
Agricultural Products are prepared or packaged foods where the primary
ingredient(s) are grown by the market participant and have included items
such as pesto, olives, and nut brittle.
2. Piepa edandPie- ackagedfood• Pte - Packaged Foods are foods prepared
and packaged off site in a Health Department certified kitchen and include
items such as chocolates, breads and sandwiches. Prepared and pre-
packaged food may only be sold in the Non - certified Section of the
market. Prepared Food is prepared on site such as omelets, burritos and
pancakes.
3. Retail.- Retail products are permitted in the Little Main Street section of the
Sunday Main Street Partners Market only and may include but ate not litnited
to clothing, accessories, pottery, books, art, horne goods, etc. Retail
products do not include any
food products.
4. Enteitaimvent Musical entertainment, children's art activities, balloon
twisters, face painting.
Any California fan-net who owns, leases or tents land, demonstrates control of the
growing ground and practices the art of agriculture is eligible to apply to the SMFMs.
Applicants may obtain an application from the SiMFIVIs office or website and may
submit applications and supporting documentation via mail, email or fax year round.
2.2.1 Required Documentation
As proof of ptoducership certified producers where applicable
shall obtain, and submit upon request by market management
current copies of the following documentation:
® F;mbossed Ceilified Piodncei r' Certificate (CPC) listing Los
Angeles County as an "Authorized County ". (Second
Celli irate requirements reference section 2.2.6)
® City of Santa Monica Business License.
® All leases and agreements between maiketpaa.icipants and third parties.
Map of Growing Ground with supporting phofographs.
M
PARTICIPATION
® 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).
SNIFMs management may requite the certified producer or proclscer to provide
additional supporting documentation and may either contact agricultural inspectors in
die county where crops are grown or conduct a farm inspection to verify production
and quality. SNIFMs management may verify information from otter market managers
or industry organizations outside the City.
2.2.2 Selection Criteria: Certified Producers
When space is available, the following criteria, in no particulu order, are used to
evaluate potential market participants for the Certified Section of the SIVIFNIs.
® Products may not contain genetically modified ingredients or be grown
from genetically engineered seeds.
® Product mix - products ate admitted to die SIvjFMs with adequate variety
to ensure a wide product mix and to fulfill consumer demand without
creating a surfeit (glut) of any one product.
® Desirability of crops - clops 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.
® Length of stay — growers of short- season specialty crops receive higher
Priority than growers of year round crops. Shott- season crops change
frequently and afford a maxinurn number of producers access to selling
space.
® Fresh products — growers of fresh products are given priority over
producers of processed products.
® Preference is given to growers 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 growers whose primary distribution is local, not
national.
6
PARTICIPATION
Preference is given to producers who follow sustainable fanning practices.
Sustainable farthing takes into account proximity to market, which for
CFM purposes are all crops grown in California. Sustainable farming
practices include organic (no synthetic products, regulated by State and
Federal regulations), Integrated Pest Management JPMI), "Low Input"
which refers to minimal use of synthetic fertilizers and pesticides, as well as
other practices including crop rotation, crop diversity, water conservation,
composting, use of cover crops to increase soil fertility and any methods
that use natural means to control weeds, pests and disease. Sustainable
fanning practices also include fair wages for workers and humane
treatment of fann animals.
® Preference is given to growers with no prior violations of the certified
farmers' markets program.
Certified producers and producers not invited to participate in SMIFMs at the
original tune of application will be placed on a waiting list for 12 months and will
be reconsidered as space becomes available.
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) or licensed State facility
(chicken does not require USDA certification 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 SMIFMs.
® Preference is giving to grass fed and finished meat products.
® Preference given to producers of livestock, meat and daffy products that
have a "Certified Humane" designation from Humane Farm Animal Care
(=—%V cenifiedhumane.mg).
® Only farmstead cheeses (made by the producer) may be sold at the
SMFMs. Cheese and processed milli products sold at the Santa Monica
Fauners Markets SMIFMIs must come from the milli of animals that are
owned by the Producer. Proof of ownership of daily animals must
consist of but is not limited to one or more of the following documents:
(1) Market Millk Permit
(2) Farm Inspection Report
(3) Grade A (or B) permit for millc production
CI
PARTICIPATION
(4) Tuberculosis Test Record
(5) Producers /Handlers /Processors Application and Registration
2.2.4 Additional Selection Criteria: Nursery Stock
Nursery Stock consists of potted plants, trees or nursery starts where the seller bas
perfouned propagation, germination, planting of cuttings, or division work.
Products sold most be a higher value than the container n which they are
sold.
Certified producers shall not purchase plants for the sole and inundate
intent to resell them without sufficient propagation or growing tune. 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
the market. Aquaculture operators are required to submit to SIVIFMs current
documentation that verifies production including, but not limited to the following:
® California Department of Health Services Shellfish Growing Area
Certificate.
® Proof of control over the pond or waters.
® State of Calfomia Department of Health Services Food and Dmg Branch
Shellfish Handling and Marketing Certificate.
2.2.6 Second Certificate
Second cetiartes (certified producers selling certified agricultural products on behalf of
one othet certified producer) arc admitted to the SMFMs based on the criteria listed in
section 2.2.2, in compliance with CR1392.4 (g) 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 /het products.
[CR1392.4(g)(3)].
0
PARTICIPATION
The natne of the certified producer who is selling the products of another
certified producer shall appear on the certificate of the person for whom
he /sheisselling. [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._
[CR1392.4W(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: FR1392(9)(9)].
(1) Date and amount of ptoducts transferred by variety.
(2) Date and amount of products sold by variety.
(3) Names of both certified producers involved.
® Certified producers growing cut flowers and nursery stock may only sell
product of their own production.
® The product being sold is not available except on a second CPC.
® Absentee certified producers shall be given notice of one year's selling
season if their product is no longer needed at SMFMs.
® Each certified producer will receive a separate load sheet and is individually
responsible for stall fee payinents. Cettified producers may only sell for or
be represented by one additional certified producer in any 12 -month
period. If absentee fanner is unable to identify the quantity or identity of
their crops) being sold at the market, that producers selling privileges will
be revoked.
2.2.7 Partnerships
Certified producers in paifnerrl50, with sharecropping agreements or similar contracts as
described in CR1392.9.1 who are issued a CPC, ate subject to the same regulations and
restrictions and application procedures as listed in sections 2.2.2 and 2.2.6 of The
Rules.
PARTICIPATION
2.2.8 Growing Practices
All certified producers, including ccrtified organic fanners, are required to subunit a
GiviviiigPiacliceshzfojyiiation Form that lists the methods used to control weeds, pests, soil
fertility and visual appearance of their produce. Growing Practices Infommation 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 organic
and who sell over $55,000 annually, must register with the agricultural comtnissioner in
the county of principal production prior to the first sale of product, and then amorally
renew their registration with the secretary of the Department of Food and Agriculture
unless no longer engaged in activities requiting registration [COPA 46013.1 (a)]. All
Products sold as organic in CF Vi Is 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 die farner withdraws from the organic certification program.
Certified producers who sell less than $5,000 annually in organic agricultural products
inay claim organic practices without obtaining certification or registration documents.
Although exempt from certification, these producers must abide by the national and
state standards for organic products and may label their products as organic.
If a certified organic producer also sells produce that is not organic, the non - organic
produce shall not come in physical contact with the organic produce at any time during
handling, shipping or display. Non organic produce must be displayed in a manner
that separates it from the organic produce -vide a physical barrier, and non organic
produce must be clearly labeled and identified as such by means of a sigh stating "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 SNIFNIs. The faun
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 terns "No Chetnical' and "Pesticide Free" to
advertise their products. As noted above in Section 2.2.8 Growing Practices, all inputs
I California Organic Products Act of 2003, National Organic Program.
DI
PARTICIPATION
shall be fully disclosed. The tern "No Spray" may not be used since it is vague and
misleading.
Applicants may visit the SMFMs website year round to register as a vendor and will be
notified when the application periods opens.
Non - Certified Section
The non- ceefified section is establisbed by the
SMFMs to provide ancillay activities
prbdncts and services that enhance the maket
ambiance.
2.3.1 Non - certifiable Processed Agricultural Products
Non certifiable Processed Agricultural Products are prepared or
packaged foods where the primary ingredient(s) are grown by the
market participant and have included items such as pesto, olives,
and nut brittle. 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. A
CPC is required to substantiate the certified producers clain to
growing the piirnaty ingredients in Non certifiable Processed Products.
Certified producers of non- cettifiable processed agricultural products are subject to the
same documentation and selection criteria as certified producers Section 2.2.
2.3.2 Prepared and Pre - Packaged Food
Pre- Packaged Foods are foods prepared and packaged off site in a Health Department
certified kitchen and include iterns such as chocolates, breads and sandwiches.
Prepared and pre - packaged food may only be sold in the Non - certified Section of the
market. Prepared Food is prepared on site such as omelets, burritos and pancakes.
The Main Street Sunday Market and the Pico Saturday market feature both a snix of
prepared and packaged food vendors whereas the downtown markets only feature
baked goods.
In order to be eligible, applicants must obtain and present appropriate documentation
which may include, but is not limited to the following:
Annual Health Permit for processing facility.
Board of Ltquakation Pemut (for: taxable
products).
Temporary Field Event Health Permit (renewable
quarterly) issued by the Los Angeles County
Department of Health.
City of Santa Monica Business License
Certificate of Insurance (As required by the City)
MIJ
PARTICIPATION
Prepared and Pre packaged food vendors may with apply with their desired menu
through a Request for Pioposal (RPP) process. The amount of square footage allocated
and length of contracts for any give RFP may change from year to year (see section
2.4.2 Vendors). RFPs ate conducted.amivally for one third of allocated spaces. Market
management determines the number and location of stall spaces to be made available,
which are subject to change with each RFP. Menu modification requests are reviewed
upon request. The evaluation criteria for Prepared and Pte - packaged food applicants
includes five areas of evaluation.
® Business Location
• First preference given to applicants whose established restaurant
resides witivn 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.
• Thud preference given to applicants with businesses outside the City
of Santa Monica.
® Ingredient Sourcing
• Products sold at the market must be homemade (rather than
purchased fully processed and to -sold) and that incorporate ingredients
which are:
• Grown in California
• Organ c
• Fair trade
• Free range and grass fed meats
• Wild- caught or local seafood from sustainably managed fisheries
• Purchased from SMFMs certified producers (fanners).
® Sustainability
Environmental Sustainability. Evaluated through substantiated business
practices and green certifications such as the Sustainable Work Business
Greening program.
o Waste
® Composting
Recycling
o Watet
® Water saving measures
o Toxic Chemicals
11
PARTICIPATION
• Use of chemical cleaners
• Reduction of chemical inputs
• Transportation Measures
• Alternative transportation
• Alternative fuels
• Energy Reduction
• Utiliratiou of energy efficient appliances
• Reduction in energy usage
Experience
• First preference is given to applicants with experience participating in
outdoor event food preparation and sales.
• Second preference is given to applicants with restaurant or catering
experience.
Value
o preference for products that are unique and of high quality that ensure
a wide diversity of offerings to adequately fulfill customer demand.
Evaluated in contrast with othet applicants.
2.3.2.1 Prepared and pre- packaged food (Sunday Main Street Farmers
Market)
Additional stall space allocations apply at the Sunday Main Street Fartners' Market.
50% of the prepared food area, or 50% of the prepared food stall 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 prepared
and packaged food vendors are offered the reserved stall spaces. Main Street prepared
and packaged food vendors not selected for the reserved spaces will be added to the
general pool of applicants to compete for the temaining 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 allo -,v
one food establishment per week from the local business district to sell prepared foods
listed on their established restaurant menus. All restaurants wishing to participate must
hold a current City business license in the business district where the fanners' market
has a Featured Restaurant program. Qualified food establishments will be placed in the
next quarterly rotation schedule based on a calendar year of four -tin ee month quarters,
with other qualificd applicants in equal proportion.
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PARTICIPATION
Vendors must obtain and present required documentation which may include, but is
not ]'united to:
® Board of Equalization Permit (for taxable products).
® Current City of Santa. Monica 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 Aqu, rdutns Seafood Watch program.
Wild caught seafood and shellfish vendors must obtain
and present appropriate documentation which may
include, but is not lini ted to:
® DMV Boat registration.
® Cormtnercial California fishing license issued by the California Depattrnent
of Fish and Garne.
® Boat registration issued by the California Department of Fish and Game.
® Processers and Handlers Pemnit issued by the California Department of
Fish and Garne.
® Landing Receipts.
m
PARTICIPATION
® Temporary Field Event Health Pertnit 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 litnited to:
® Preference is given to applicants selling fish and seafood which is caught,
raised, collected or grown in California coastal waters, or by boats drat
originate in California coastal waters.
® First preference is given to applicants selling their own catch.
® Second preference is giving to applicants selling t' 'a own catch and
documented catch of others who fish.
® Last preference is given to fishunongers who contract directly with people
who fish.
® tlny fish or shellfish purchased at a commercial /wholesale fish market is
not allowed to be sold at the SIbIFIvts.
• Seafood or seafood products made from species that ate overfished or
unsustainably fatmed, as identified by the Monterey Bay Aquarium's
Seafood Watch program will not be admitted to the SNIFNIs.
2.3.6 Information 'Fables
Subject to space availability table space at SNIFMs is provided Only for City
depatttnents and programs 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 boots of each market during operational hours. Information
displayed at the information table is limited to:
1. City of Santa Monica publications
2. Publications featuring the SMFMs or participating certified producers (will
be labeled with city logo and article reference)
3. Publications featuring food assistance services such as SNAP
(CalFresh /EBT) (will be labeled with city logo).
4. Market promotional items such as bags, aprons and cookbook.
EV
PARTICIPATION
2.3.8 Retail
SMFNIs 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 the h! stores. All retailers wishing to participate must hold a current City retail
business license in the business district where the market has a retail section. Retail
businesses participation is handled through the organized business district which has an
agreement with 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 then: scheduled performances.
Other promotional materials such as shirts, stickers, etc. are not allowed for sale. 'The
SMFMs strive to showcase a diverse variety of musical genres and local talent.
2.3.9.1 Sunday Main Street Farmers Market
Musical Entertainers may apply to perform at SMFMs Sunday Main Street
Farmers Market during the open application period each year by responding to the
Regi,testfoi•piaalication (RP0. Selection criteria include, but are not limited to tie
following:
® Genre of music
® Quality of music
® Experience performing in outdoor venues
® Previous SMFIVls performance success and behavior
2.3.9.2 Saturday Pico Farmers Market
At the Saturday Pico Market, band performances are held once a month. Musical
Entertainers may apply to perform at SMFMs Saturday Pico Farmers Market by
completing and submitting the Entertainment Interest Form found on the SMFMs
website, Only acoustic perfonmances are allowed and bands ate limited to four
performers pet band and must perform in a designated location Performers are
selected in order of application submitted. If Here are more applicants fiat wish to
perform than there is space available, all applicants shall be put into a lottery system
and selected at random.
2.3.10 Children's Activities
Subject to space availability, children's activities are
allowed pursuant to local regudatons and may
15
PARTICIPATION
include, pony tides, atts and crafts activities, face
painters, and performers.
Children's activity entertainers may apply to
participate at SIVIF1VIs by submitting the Children's
Activity interest form found on the SNIFMs
website. All applicants will be 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 the following:
® Experience performing children's activities
® References
® Appropriateness and quality of the activity provided
2.3.11 Market Sponsored Consumer Education and Outreach
SNfi Nls management provide Market Sponsored Consumer Education that is intended
to promote healthy eating, support California fanning and sustainability and may
include, but is not Tinted to Ask the Dietitian, the Master Gardeners, speaker panels,
school tours and chef demonstrations.
2.4.1 Certified Producers and Producers
Once selected first time certified producers and producers will be offered a three
month probationary participation agreement stipulating products to be sold and the
markets they will be attending. Provided there are no notices of violation during the
three month period and the product line is a good fit, certified producers and
producers will be awarded ,,j participation agreement. .
Fanners wishing to add a product to their product nix that was not included in their
original selling agreement must apply to do so annually.
W
P A R T I C I P A T I O N
2.4.2. Vendors
The teens of participation for vendors who are selected tblough a IU'P or RFQ
process will be set forth in a selling agreements and /or contract. Contract terns,
number and type of vendors will beset with each RFP or RPQ. If a vendor is unable
to fulfill the tenns of his /her contract, market management will use one of the
following criteria to fill the space:
1. Select the next eligible vendor with a similar product line from the RFP or
RFQ process
2. Vacate the space
3. Fill the space with a Certified Producer
4. Conduct a new RFP or RFQ
To address operational needs of the market, contracts may be extended for up to one
year.
2,5 HOW IS ST ACS A
Market participants are granted one selling space and may not occupy two separate
selling spaces or sell outside their assigned space under the same CPC. Every effort is
rnade to assign permanent space locations to market participants. This ensures
continuity, which is beneficial to the market participant and to the overall operation of
the market occasionally changes must be made in stall assigntnent location. Such
decisions ate made at the market management'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.
® Placement of stall space to create increased foot traffic
2.6 W0 ASMGNMENr, (CHANGE IN 97P OF FAM OR BUSINESS)
There is no assigunient of a selling space in the market in the event a participating farm
or business is sold. New owners must apply for a selling space and will be considered
in accordance with criteria set forth in this chapter.
w
P A R T I C I P A T I O N
Many records maintained by the SIvIFIyIs are subject to full disclosure to the public in
accordance with the City of Santa Monica's Administrative Instructions II -2 -2:
Compliance with the Public Records Act. For purposes of publicizing the markets,
SMFMs may promote and share information about market participants, their products,
production or growing methods and
photographs. Market participants who do not
want their contact infor ation shared map
complete a "non - release" foun.
All SMFIvIs are open to the public. As such,
they attract a variety of activities not related to
the S1vIFMs tnission. The roost comtnon
activities and the rules which regulate these
activities are listed below:
2,8.9 Filming
Filming is allowed with prior approval from
SMF1vI management and a valid film penult
Soliciting/Panhandling
These activities are protected by First
Anaendmentrightsgovenicingfire peeehand
public access. Anyone engaging in these
activities is asked to keep the public Wlea fine
of discarded fiteialiav and must comply with
City of Santa - Monica Nlunicipal Code
4.54.020 which prohibits `aggressive
solicitation" sttch as blocking passage,
following a person who has declined to make
a donation an• appnna,*119 customers who
air waiting in line.
issued by the City's Fihn Pemnt Office. An
additional permit from the Downtown Santa 1vlonica Inc., may also be requited to film
in the area designated as the Downtown Santa Monica.
2.8.2 signature Gatheringipetitioning/ 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.
We
DOLLARS AND CENTS
s _
This seelioli pmentr irtfanralion about stall and otherfees & b IN5 taxes, pa�m+ents credits andpi es.
11 PRICES & MMEYRANDUNG
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 fanner have in place a cash handling system. Disputes over
monetary transactions may be mediated on a case by case basis by the market manager
with final resolution determined by the market manager.
3.1.3 Refunds
Market participants are encouraged to give customers the benefit of the doubt and
offer a fiill monetary tefimd or replacement of equal value when purchases are
disputed. Return or exchange policy shall be posted in writing at the stall.
3.2
Market participants will complete and turn in a daily load sheet for record keeping and
billing purposes. Load sheets shall include an itemized list of all products sold at the
CFM each day [CCR1392.9 (6b)]. Additionally, all market participants shall indicate
sales by commodity group and total gross sales per comtnodity group. SIVIFIVIs
management -will monitor sales repotting as necessary to check for accuracy.
W
DOLLARS AND CENTS
Sales Monitoring
To read more about sales nsonitoring, stall or
farm audits and violation penalties, please see
page 10.
Rainy Day Fee Policy
Markets remain open on rainy days and stallfees
will be collected on aiy sales Mattakeplace.
Vendors whose rates are based on a % of sales
remain the same. Prepared andpackagedfood
vendors will bave a 50% reduced stall fee when
average farmer sales are down by 40% or maz
f ons the average annual sales of thepievious jear
widen 30
Chapter 7
lmlnx 7s` _" I
Schedule of fees is shown Attachment II.
Market participants shall be billed for all stall fees at the
begimuing 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
statement
Payments ate due upon receipt If payment is not receive
days from the date of the invoice, account becomes past due. Please see
table 4 for a schedule of paymentviol<ation policies and penalties.
Checks returned to the City for insufficient funds will be charged a $25.00 penalty
for the first occurrence and $35.00 for subsequent occurrences in addition to the
amount owed. Thereafter future payments shall be made a certified check or
money order.
3$ CREWS
Market participants will receive credits toward their stall fees far a variety of items,
including food stamps, Falmels'Malket Nutrition Program (BAINP) coupons, marketing
coupons, items purchased by the market for use at the market or accompanying
programs. Credits will appear on the monthly statement. Credits must be reported as
income and included in the daily gross sales report by coimnodity.
3.8.1 Assistance program participation
Market participants (where applicable) are required to accept SMFIVIs tokens issued for
food stamps (CalBiesh) and Wlomen Infants and Children (WIC) PMNP, and Senior
Nutrition Farmers'Nlaiket Pmgiam (SFNINP), and must adhere to all assistance program
participation ales and guidelines. As change cannot be given, producers are expected
to assist WIC and CalFresh customers by providing produce in $1 or $2 increments.
SMFMs 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 SIvIFMs Infonnation Stalls. Credit vouchers must be reported as income and
W
DOLLARS AND GENTS
included in the daily gross sales report by commodity. Credit voudiets are indicated on
statements.
3!i® DMATIONS
Occasionally, SMFMs are asked for food donations to support various
organizations, causes or events. When asked, market management may forward a
letter detailing the type of donations requested, date and tune of pick up and
provide a brief sununary of the event or organization. Donations are expressly for
the organization requesting and donations are entirely voluntary. Market
participants wishing to donate may request a receipt from the requesting
organization.
mi mrmsTAX
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 Pen-nit listing the SMFNIs as a sales location.
9E
HEALTH, SAFETY & CONDUCT
This seaion describes standards for health, safetjr and pwfr rional condIld C%Peded of 6111 imarket
paicpants Violatonsof thesestandaldsaiesetfoltl) ynsectiora7Market Uiolationspage36.
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. Nlarket participants who cannot attend the
market due to unusual circumstances or an emergency such as Huck breakdown en
route to market must contact SMFTvls management - within 48 hours after market day to
confiun a selling space for the following weep. Repented absences regardless of their
market.
4.1.1 Prepared Food Absences
Prepared and pre- packaged food vendors are allowed three excused absences pet year
for any reason including but not limited to: -weather conditions, vacations, illness,
staffing, etc. Nlarlcet fees will be waived for excused absences. Beyond these
absences, prepared and prepackaged food vendors will be required to pay market
fees regardless of the reason for absence.
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 am nals kept within the cab of a
market participant's vehicle, no animals are allowed at SNIFNIs.
drRmmrce i �_;ta
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
no
HEALTH, SAFETY & CONDUCT
pavement from drips from any pact of a market part cipant s vehicle and /or from food
prepared or sold in the stall space. Public trash receptacles may not be used for
disposal of excess produce, sampling peels or boxes. Market participants are
responsible comply with the City's Resource, Recovery and Recycling (R3) programs.
At the downtown farmers markets market participants must:
® Bag and place all recyclables and compost (produce waste, overripe or leftover
Produce, boxes etc.)
® Dispose of waste water (fi:otn 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 storra drains. [City Codes 7.16.020, 7.10.040 and
5.20.010].
® Compostable items such as cardboard and produce shall be separately bagged
for pick up by R3 personnel.
® Recyclable materials (cans, bottles, metal) must be kept separate from compost.
Cleaning Violation
Marketparticoants who do not clean
their stall space to marketstandmds
may be sabja to violations and fines.
See section 7l12atket Violations
page 36.
At the Saturday Pico and Sunday Main Street matkets a designated trash
disposal receptacle is provided for waste, or the market participant may
take it home. Market participants are not permitted to dispose of
produce waste, overripe or leftover produce or boxes in any receptacle
not specifically designed for that purpose. Produce and compostable
waste shall be placed in appropriate receptacles.
Certified producers may sell to chefs, schools, produce companies and
market basket programs provided that the seller issues a detailed
"memorandum" listing Identi *, Reiponsibility and uantity gRQ) of all products sold.
This ensures produce sold or consumed by an entity other than the purchaser can be
traced back to the certified producer. Connrnercial resale market customers must
comply with pertinent labeling and packaging requirements.
Assembly Bill 2168 stipulates that commercial resale of produce may take place at a
CFM 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 IRO.
m
HEALTH, SAFETY & CONDUCT
Market participants are expected to conduct themselves in a safe and courteous
matmer at SMFMs. No rude, abusive, insulting, disruptive or threatening language or
behavior is pennitted. Market participants found violating this rule are subject to a
Market Violation ScheduleA which is Bounds for irmnediate dismissal from the market
with reinstatement of selling privileges contingent upon a hearing (Section 7.4).
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.
Quality of Product
Santa Monica Farmers Markets are dedicated to
offering the hest gualityproduce.
Regulations
Complaintforms are auailahle of
the mai -ket. SMFMs management
will try to igond to customer
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.
466 FIRE
Market participants shall comply with all City Fire Code and
-
Market participants must wash their hands before returning to work from a food or
restroom break.
The activities at a CFNI are covered by County Health Code as contained in the
California Retail Food Code SMFMs are considered a "Nonpermanent Food Facility"
under California Retail Food Code and operate under a Public Health Operating
Permit. Health Code compliance at a CFM includes, but is not limited to the
following:
1. All food shall be stored at least six inches off the ground or as otherwise
approved.
2. No animals other than service animals are permitted within twenty feet of
any temporaty food facility or certified farmers market.
3. Prepackaged food sold directly to the customer must be prepared and
packaged at an approved food facility. Prepackaged food must be clearly
labeled with the following information
HEALTH, SAFETY & CONDUCT
o Name of the item
Q Weight or volume of the package
o Ingredient list
o Name and location of the manufacturer.
4. No home processed foods shall be sold at SMFSs including food prepared
under AB 1616 the Cottage Food Law. All food products prepared for
resale at SMFMs must be prepared in a Health Department licensed
commercial kitchen, and a copy of the facility's health permit must be kept
at the seller's stand.
5. Food preparation is prohibited at certified fanners' markets with the
exception of food samples. Distribution of food samples may be
provided if the Vendor follows the California Retail Food Code and
section 4.17 of the Rules
6. Cut melons and sprouts must be kept on ice. Dairy products must be
maintained at 45.degrees Fahrenheit.
7. Processed products such as dried fruits and salad mix must be covered or
clearly marked with a sign stating "wash before consuming"
4411 MINIMUM GRADE REQUIREMENTS
Commodities brought to market or offered for sale are subject to inspection at any
tune by a SMFNI tr anagetnent 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 tun' 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 SNIFNIs.
Produce offered for sale in containers or packs must not exceed California Department
of Food and Agriculture (CDFA) tolerance for spoilage and waste.
4412 IM E I ®N
Radios and music shall not be played during market houts. No loud hawking or
shouting to promote products is allowed. Any disruptive action, including rough
housing or throwing of items, is prohibited. No bicycling, skateboarding, roller -
skating, or riding of scooters is permitted in SNIFMs.
M
HEALTH, SAFETY & CONDUCT
Iq
Sales, marketing or advertising 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 with a minunum purchase with prior approval from SMFMs
management. Market participants may advertise events they are hosting which are
open to the public. Market participants shall not market, advertise or display
information for events or causes not related to the SMFNIs.
!.i PJ:'.ir_.�...
When possible, market participants will be provided vehicle parking at their stall space.
When space is not available, market participants must park off -site in designated off-
site market participant parking. Market participants and their emplDlees shall not park
vehicles or trailers in lots or at meters adjacent to the Saturday Pico Market of the
Sunday Main Street Market. Upon closing, market participant vehicles must be moved
to accornrnodate market clean up. Market participants may not leave vehicles parked
on the Sunday Main Street or Saturday Pico market sites 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.
Market participants are expected to arrive on tune. 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 wall- their
product into the market.
4,17 SMPUNG
Distribution of food samples may occur under the following sampling setup and
procedures.
4.17.1 Sampling Setup
3. Five (5) gallon hot water container with downward- facing continuous flow
spout (for hands and produce washing) with five (5) gallons of 100° water.
4. Non - absorbent cutting board
5. A knife used exclusively for sampling
6. 1% chlorine solution for sanitizing the cutting knife — 100 ppm (1/2 oz.
pet gallon) for four hours. Litmus strips are available from market
management to test for concentration
7. Liquid pump soap dispenser (bar soap is not acceptable)
EN
WEALTH, SAFETY & CONDUCT
8. Single use (paper) towels
9. Cover (sneeze guard) for cut samples
10. Seigle -serve toothpick dispenser or tongs for handing out samples
11. 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 4.93 and 4 of this document.
4.18 SiDE.SIMMINGANDUEUVERY
Market participants are prohibited from selling and /or distributing products at SMFNIs
which have not been previously approved by matket management.
4,19 S=WNG
Smoking is prohibited at SMFIVIs. The City prohibits smoking within 20 feet of all
entrances, exits and open windows of buildings open to the public. Violations ate
subject to fines of up to $250 issued by the City of Santa Monica Police. Market
participants, who smoke, must wash their hands priot to returning to their stall.
420 SUBSTANCEUSE
Cousmnption of alcoholic beverages or any controlled substance while at the market is
prohibited and is a schedule A violation, which is grounds for irmnediate dismissal
from the market with reinstatement of selling privileges contingent upon a hearing.
421 OVM PJPE
If produce is overripe and must be consumed the same day, the customer must be
informed in advance of the sale of the product.
SETUP & DISPLAY
5 Setup & Display
Thissectiort ds,mssesstallsetc§5 alid brealzcloy)n lines, 1,Douiand bbedaagan dz jlcy regtirements Itzr
t q.1 of the SAIMslo hart asafe and aesdv1icalypleasing111a)k t,
..
1. Displays including shade overhang and signs shall not extend into the walkway
or fire lanes. No boxes or produce displays may extend into the common
customer traffic areas.
2. Directional signs are permissible to guide and direct. Directional signs shall
not impede pedestrian circulation or safety.
3. Market participants who display product on a side table must allow at least 24
inches of unobstructed side aisle.
4. Tables and other display fixtures must be stir dy and not overloaded to a point
where they ate unstable.
5. All shades and sh6hets must be securely fastened. Windy conditions may
necessitate canopies being removed.
6. Market participants 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 Conanissioner, Sealer of Weights and Measures.
Every scale in use at S1VIFTNIs must be sealed annually and display a current seal. Sellers
ate not permitted to use scales with expired seals. Scales shall be set up so tb, at the
display is easily readable by customers.
LABEUNG&DISPLAY
Market participants are encouraged to create attractive displays.
-'.
SETUP a DISPLAY
5.3.1 Closed or sealed containers
Closed and sealed containers must be properly labeled with the identity, responsibility
and quantity (IRQ).
5.3.1.1 Certified and Non- Certifiable Agricultural Products
1. Identity: Contents (if product is not readily identifiable),
2. Responsibility: Name, address and zip code of the certified producer or
producer.
3. Quantity: Weight and grade (where applicable),
4. If fl1e 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
(cotmtmencing 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:
1. The common name of the food, or absent a 1�
common name, an adequately descriptive identity statement.
2. If made from two or more ingredients, a list of ingredients in descending
order of predominance by weight, including a declaration of artificial color
or flavor and chetmical preservatives, if contained in the FOOD.
3. An accurate declaration of the quantity of contents.
4. The name and place of business of the manufacturer, packer, or
distributor.
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 Lows.
01
SETUP & DISPLAY
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 infonnation 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:
1. Fann or business name. Signs must be legible with lettering at least 3
inches tall.
2. Embossed current Certified Producers Certificate (CPC) which must list
"Los Angeles" as an Authorized County. 1392.4 d
3. Employment Agreement.
4. Cunent 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.
5. 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.
6. All applicable Health permits.
7. All applicable exemption permits.
S. Other signs required by SNIFIvis management such as "WIC ",
"EBT /CaWresh" Accepted here" or market management issued
marketing posters and flyers.
9. Prices must be clearly posted.
10. Produce varieties shall be posted.
5.3.5 Growing Practices Disclosure
Farming practices must be fiilly and truthfully disclosed. Refer to section 2.2.8 for
growing practices disclosure documentation requirements.
.Kit]
SETUP & DISPLAY
6.3.5.1 No spray
The term "No spray" is not allowed at the SMFNIs as it is vague mislead ng.
5.3.5.2 No Pesticides or chemical free
Clairns of "no pesticides" or "chemical free" must be substantiated by accurate
reporting on your growing practices information form.
5.3.6 Snstainability
Mailiet participants shall comply wide the City sustainability progra ns and initiatives
which include, but are not limited to the Zeto Waste Program, the Seigle -Use Canyout
Bag Ban and the Expanded Polystyrene Ban. Market participants are also required to
comply with additional sustainability programs which may be initiated by SNIFIIVIs.
SA &1MEAKDOWNnm
SMFNIs hours ate as stipulated by each market. No market participant may sell prior
to market opening or after the mailcet is closed. SNIFNls management may open or
close the market early if extreme threatening or inclement weather conditions exist or
on certain holidays.
AUDIT PROGRAM
S,AIR:q lr are Ijioxn forbigh giraliiy and auliquepraducls To eWs1t10 I& iniegriy of SMrYVls and
p vdudssold, thefolhwingcol)pizl)ensue altditpjzgra#;?znchadessta llsalesaudilrandfarrn Ui A
&I STALLSALESAUDFFS
Stall sales audits ate conducted at the market participants' stall during the lnatket. Stall
sales audits ate scheduled in advance with a goal of auditing each market participant
every four years.
An auditot(s) is /are stationed in the stall to record sales transactions and report total
sales at the end of the clay to SIvIPMs management. Market participants who are being
audited are expected to accommodate and cooperate auditots and to announce each
sales transaction in a cleat and audible manner so all sales can be accurately recorded.
Audit procedures ate detailed in the Fairness 1Vlaiket Praeeditial Giride (available upon
request).
Penalties for discrepancies in sales repotting are outlined in Section 7 Market
Violations.
�
Farm Audits ate conducted by S1VIFlvIs management to verify that the products being
sold at SIVIFlvls are in production at the certified location and in accordance Nvith the
provisions of the Direct Marketing Regulations2.
Faun Audits consist of several steps:
I. Stall product audit is conducted during the market Items presented for
sale are recotded and photographed.
2. Market management and /or a designated representative visits the farm
within 24 hours of the market audit and documents production, storage
and growing practices at the faun.
2 CgUornia Code of Regulations, Article 6.5 Direct Marketing, Section 1392— 1392.1.
m
A U D I T P R O G R A M
1. A written report is composed and findings are presented to the market
participant and a copy is kept in the certified producets' 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
limited to the following circumstances:
2. When a certified producer or producer first applics to the SNIFMs.
3. When information is received requiring field verification.
4. As put of the normal audit cycle.
MYSTERYSHOPPER
SMFNls management may utilize mystery shoppers to verify accuracy and integrity in
all sales transactions.
r.d ��e- . �
Market participants, shall cooperate requests by with SMFM Management for stall sales
audits or fawn visits 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 Nvith reinstatement of selling privileges contingent
upon a hearing.
Market participants ate responsible for keeping market management apprised of
current address and phone numbers.
KE
MARKET VIOLATIONS
Arl, 41t
SantaMot, caFzxrynersMarkelsfoloevan open andfairdliepe rst allmallen j�M illingto rejbrlirg
andiiueslWinglnatlTtuolations.
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 SMFMs curtailed for failure to comply with these tales and all other
applicable federal, state or local regulations and L Avs. F ailure to comply with 19ze Rules
may result in penalties up to and including expulsion at all SMFMs. Market participants
I responsible for tie actions of their employees.
All violations will be noted to the market participants file.
`cable 1: Market Violations - Schedule A
Violations listed in Schedule A, are grounds for itntnediate dismissal and expulsion from the market.
Violation
7.1A
Producers selling product not of their own production
Z2A
Physical violence or threatening behavior to anyone
7.3A
Rude, abusive, insulting, disruptive ox threatening language
7.4A
Under the h,ELuence of dnigs ax alcohol
7.5A
Refusal to participate in the stall or farm audit programs
RE
MARKET VIOLATIONS
Table 20 Market Violations e schedule B
Violations listed in Schedule B will be documented in the market participants file and remain effective for 12
months.
Violati on
Ist Offense
2nd Offense
3rd Offense
Non - compliance with
Oral reprimand immediate
written notice of violation
1 clay suspension from all
7113
local health department
corrective action
with immediate
SI\IPh1s
regulations
corrective action
Selling product not
Oral reprimand immediate
\$bitten notice of violation
1 day suspension from all
7.213
listed on CPC
corrective action
with inunediate
SMPbIs
corrective action
,
Selling product not in
Oral reprimand immediate
Written notice of violation
1 day suspension from all
7 313
selling agreement
corrective action
with immediate
SMFlvfs
corrective action
False Organic
Oral reprumand immediate
Written notice of
1 clay suspension from all
7.4B
Marketing
corrective action.3
violation Avith
SMFMs
immediate
corrective action
Culls, poor quality,
Oral reprimand immediate
Written notice of
1 day suspension from all
7 513
overripe
corrective action.
violation with
SNIFI ds
immediate
corrective action
Stall Sales Audit -
"w
e
Oral reprimand immediate
$250 fine
X500 fare
7.613
Discrepancy of 20
corr rective action.
averaged over 3 months
Any combination of four (4) Schedule B violations in a 12 month period shall he cause for a 3 month suspension film SMUNIs
reinstatement of selling privileges contingent upon space available.
with
M
MARKET VIOLATIONS
Table 3: Market Violations - Schedule C
Violations fisted in Schedule C will be documented in the market participant's file and remain effective for 12
months.
m
Violation
Is' offense
2 "d offense
3 I offense
411' ®ttense
5 Oalannsw
1 day suspension
1 day suspension
No show without
Oral reprimand
Oral reprimand
Written notice
from the same
from all SMFMs
7.1C
telephoning prior
with note to file
with note to file
of violation with
SMPM the
the following
to market start.3
intent to
following week
meek
suspend
Notice of
1 day suspension
Arriving after
Oral reprimand
Oral reprimand
Written notice
proposed one
from the market
7.2C
star[ [ime.'1
with note to file
with note to file
of violation and
clay suspension
the following
market
correction plan
-
Sales suspended
Sales suspended
Sales suspended
Sales suspended
Sales suspended
7.3C
General stall set up
until set up is
until set up is
until setup is
until set up is
until setup is
unsafe
correct
correct
correct
correct
correct
Failure to submit
-
load list
Load sheets ace due at
Oral reprimand
Oral reprimand
Written notice
No
No
7.4C
cud of each u,arlat. Loud
with note to file
with note to file
of violation with
Participation
Participation
sheets will be accepted via
letter of
until load sheet
unffi load sheet
fax oe called in on a vase by
-
correction
is submitted
is submitt ed
victim 24
case basis vi
after die timrket.
Failure to clean
stall space or
Oral reprimand
Written notice
Notice of intent
$50
$100
7.5C
leaving trash -
with note to file
of violation with
to fine
fine
fine
behind
notification of
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 S11IFMs with reinstatement of selling privileges contingent upon space available.
MARKET V I O L A T I O N S
3 Emergency exception: If vendors miss a market due to an emergency, a 48 hour grace period will be
granted. IIowever, sellers must contact the Santa Monica Farmers Market via email or voicemail within 48
hours of the market start time to avoid a violation and ensure their space for the following market.
m
MARKET , V I O L A T I O N S
7.1 EMFORCEMEW AND DUE PROCESS
Market management shall provide reasonable clue process to all market participants
relating to the imposition of a fine, suspension, dismissal or expulsion from die
SMFMs.
Due to the serious nature of the violations listed in Schedule A, any such violations are
grounds for immediate dismissal from the market. The Fanners Market Supervisor
may impose reasonable conditions on any dismissed market participant, to ensure drat
die violation is not repeated, before authorizing any such dismissed market participant
to return to the market. The Fanners Market Supervisor shall cornimunicate tine
requacd conditions and the reasons for such conditions in writing to the market
participant within five days after the dismissal. If no such conditions are unposed
widen this five -day period, the market participant shall have die right to resume
operations at all SMFMs.
Any conditions unposed may be appealed by the market participant pursuant to
section 7.4 (APPEALS AND ADMINISTRATIVE HEARING) of these Rules.
During the appeal process the conditions imposed by the Farmer's Market Supervisor
shall remain in full force and effect. Thus, the market participant may not return to any
SMFM without first complying wide the required conditions.
. 'i'
61 Days
due
61 Days (2nd offence)
61 Days (3rd offence)
past
Violation
From date of invoice
From date of invoice
From date of
invoice
Suspension from Suspension from all mukets until
all markets until Suspension from all markets until balance is paid in frill, including
71D
Failure to pay stall
balance is balance is brought current within 30 current month's balance. "phexeafter,
fees on time
brought current clays required to pay stall fees weekly. .
within 30 days
Check returned due to
$25.00 returned check fee for 11t occurrence, $35.00 for all subsequent occurrences. All future Fees
7 2D
insufficient funds
must paid via certified check or money order
7.31)
Failure to comply iAth
suspension from all markets until account is brought current
wecldy payment plan
7.1 EMFORCEMEW AND DUE PROCESS
Market management shall provide reasonable clue process to all market participants
relating to the imposition of a fine, suspension, dismissal or expulsion from die
SMFMs.
Due to the serious nature of the violations listed in Schedule A, any such violations are
grounds for immediate dismissal from the market. The Fanners Market Supervisor
may impose reasonable conditions on any dismissed market participant, to ensure drat
die violation is not repeated, before authorizing any such dismissed market participant
to return to the market. The Fanners Market Supervisor shall cornimunicate tine
requacd conditions and the reasons for such conditions in writing to the market
participant within five days after the dismissal. If no such conditions are unposed
widen this five -day period, the market participant shall have die right to resume
operations at all SMFMs.
Any conditions unposed may be appealed by the market participant pursuant to
section 7.4 (APPEALS AND ADMINISTRATIVE HEARING) of these Rules.
During the appeal process the conditions imposed by the Farmer's Market Supervisor
shall remain in full force and effect. Thus, the market participant may not return to any
SMFM without first complying wide the required conditions.
. 'i'
MARKET VIOLATIONS
Market participants shall receive a written Notice of Proposed Action if the proposed
enforcement action includes a suspension longer than one (1 day, any fine or expulsion
from the SMFMs. The enforcement actions proposed in the Notice are not effective
until finalized as authorized by these rules.
The Notice shall:
® State the specific reason(s) for the action.
® Be delivered in person or mailed, faxed, sent by Certified Mail or e- mailed
to the market participant prior to an imposition of a fine, suspension or
expulsion unless an intinediate suspension is necessary to protect public
health, safety or welfare..
® Advise the market participant of the written appeal process of the action.
7.3.1 Office conference
Any market participant may request an Office Conference with the Farmer's
Market Supervisor to review a Notice of Proposed Action. Any such request must
be made within five days after the issuance of the Notice of Proposed Action.
The Office Conference would be an informal opportunity for the market
participant to present evidence and argument as to why the proposed action
should not be finalized.
7.3.2 Final Farmer's Market Enforcement Action
The Farmer's Market Supervisor shall issue his /her decision ('Final Enforcement
Action ") within five days after the conclusion of the Office Conference, or, if no
Office Conference was timely requested, within ten days after the issuance of the
Notice of Proposed Action. This Final Enforcement Action is effective on the
date of issuance. In the case of an expulsion, the Final Enforcement Action shall
remain in full force and effect during the pendency of the appellate process.
Any Final Enforcement Action and /or conditions imposed as a result of a
dismissal may be appealed to the City of Santa Monica Farmers Market
Supervisor's Manager. If the Manager is unable to conduct the hearing, the
Housing and Econornic Development Director shall appoint a hearing officer.
The appellant has the burden of proof. In order for the appellant to prevail,
he /she must show, by a preponderance of the evidence, that City staffs decision
under review is not authorized by applicable federal, state or local law, or is
inconsistentwith these adopted Rules.
W
MARKET VIOLATIONS
The request for appeal must be submitted in writing within 30 days from the date
stated on the Final Enforcement Action or the imposition of conditions resulting
from a dismissal The Hearing shall be conducted within 30 days of the submission
of the appeal request.
At the Administrative Hearing the appellant may present evidence and argument
regarding the reasons stated in the Final Enforcement Action or the imposition of
conditions. Administrative Hearings shall result in a written decision upholding,
reversing or amending the Final Enforcement Action or the imposition of
conditions. This decision shall be the City's fmal administrative decision and shall
not be subject to further administrative appeal. The decision shall be issued within
30 days after the conclusion- of the Administrative Hearing.
w
GLOSSARY OF TERMS
y m 1-174 IF
This glosfag of leans a pimled to define krlw used tlyroghotrt this doalment for the j /// 0 of
pmv vg daily and cos /sisteng The f/&trmeglossag Terms Vearin The Eisler /hey w1I be italrcivd
Mug of the defu,ilionf are taker, IBba#11y frmn Ca4(ornia Code of Rgnlationr, Article 6.5 Direct
Markelilo section 1392 2Defn&ns Tlvse d§611,vjons am wdirated,vithanaslelisk
CDFA
California Department of Food and Agriculture.
Certified Agriculhval Products *
Agricultural products, which are certiEted under the jurisdiction of the county agrirnlhnmI
commissioner relative to inspection and verification of compliance with the provisions of tire
Barclays California Code of Regulations, Article 6.5, include fresh fruits, nuts, vegetables, shell .
eggs, honey, cut flowers and nursery stock. [CURFF'L 27512 and CCR 1392.2(lc)]
Certified Farmers Market (CFM) *
A location approved by the county agricultural commissioner of that county where agricultural
products are sold by producers or certiEted producers directly to consumers. A certified
fanners' 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 conmaissioner 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 of
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
13922(o]
Consumer*
(1) A customer who is an end user
(2) Individuals, organizations, or entities 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 d, Article 6.5.
Dismissal
During a market, a market participant who is dismissed shall pack up his /her goods and
immediately leave the market premises. The Farmers Market Supervisor may to
reasonable conditions on the dismissed market participant, to ensure that the violation is not
repeated, before authorizing any such dismissed market participant to return to the market.
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 SMFMs Scrip is a currency, in the form wooden tokens designed by the
SMFbIs name in denominations of $1.00. Clients can use their EBT card to purchase
scrip from the market at a central location and then rise 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* Any
person employed by a certified producer at a regular salary or Wage; on either a Full or
is
part
time basis. It does not include a person who is reselling or whose compensation
primarily
based on a commission of sales. [CCR 1392.20)]
Expulsion
Market participants, who are expelled, are prohibited from selling at SMFMs permanently
Immediate Family
Parents, children, grandparents, gmndchddren 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 Tile commodity
Load Sheet
Form used by farmers' market participants to report market sales.
Any representative of the City of Santa Monica authorized to enforce these rules
Management
Market Pirticipant(s)
Term used to refer to producers and vendors together.
Non - certifiable Agricultural Products
Any agricultural pro net which is not certified by the California Agricultural Commissioner.
dried fruits vegetables, shelled or roasted nuts,
Products include: juice, jams and jellies, and
fish and seafood, poultry and poultry products, livestock and livestock products and dairy.
[CURFFI, 27512 and CCR 1392.2 -(m)]
Non - certifiable Processed Agricultural
Processed food products where the primary ingredient(s) ire grown by a Certified producer
is certifiable by the County Agricultural Commissioner due
Product
but where the finished product not
to the addition of ingredients not produced by the Certified producer.
Partnership
A separate 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.
A person or entity who produces agricultural products by practices of the agricultural acts
Producer
upon land which the person or eutitycontcols, [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.
„l ... nrrmitted the first farmer to sell the
Second Certificate I a r,rt. may ulcuurc <.._ — .. -_ -. - ,
second farmus' produce. The CPCs will have both Farmers, names and addresses listed on
them permitting this business relationship.
IVlonica
Farmers' Market Nutrition Program for Established by Congress in 1992 and administered by the California Department of Health,
Women Infants and Children the FMNP provides coupons for WIC participants which can be used to purchase a variety of
(FMNP /WIC) fresh fruits and vegetables it Certified Farmers' Markets not provided in the WIC food
package and allows participants to purchase these foods.
of Aging and provides coupons to
GLOSSARY OF TERMS
Program (SFMNP) -
low- hieome seniors that can be used to purchase fresh Emits, vegetables and herbs at certified
fanners markets during May through November. Small family farmers that sell produce st
certified fanners markets receive all cash from the program.
Suspension
A defied period of time where Market Participants are prohibited from selling at one, many
or all SMFMs.
Vendor
Any market participant in the market selling Non - certified products including retall, prepared
foods, or processed food.
MARKET HOURS AND DAYS
MaikethounanddDiraresrr jectto change zlnderthesoleal f1hoiyandelfsaetion of theG#Allanago-
Wednesday Farmers Market
Second Street at Arizona Avenue
8:30 am- 1:3013m
Opened: July 15,1981
Saturday Organic Farmers Market
Third Street at Arizona Avenue
8:30atn -lprn
Opened: May 8,1991
Virginia Avenue Park Fanners Market
Comer of Pico Blvd. and Cloverfield Avenue
8am - fpm
Opened: Match 14,1992
Main Street Farmers Market
2640 Main Street at Ocean Park Blvd.
9:30arn -fpm
Opened: January 15;1995
RATES AND FEES
-
Belocvj»leasefind the SAI]FI 1 schedule f rater andfeesfor carious markepal epalits Fees am suYectto dwg ati l by market
management. Vee>rdot3 ale respqnsible topyfers as Izded belozvforaty.r & actcurty thattakeplace duiirzgthe marketd y orPorliola
thereof.
endor Type
Rate Charged
Certified Producers
.5 % of gross sales paid to the SMFMs + $.60 legislative fee
.5 % of gross sales paid to the SMFMs + $.60 legislative fee
Producers.
Prepared and processed Agricultural
•5. % of gross sales paid to the SMFMs + $.60 legislative fee
Pion- certified Processed Producers
.5 %of gross sales paid to the SMFMs + $.60 legislative fee
Santa Monica Businesses
Non -Santa Monica Businesses
Prepared Food and Pre - Packaged
Food
$100 for first 10x10, $50 each
$125 for first 10x10, $50 each
additional 10x10 paid to the
additional 10x10 paid to the
(maximum 10x20)
SMFMs'
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
Compensation
Entertainment (bands, crafts, etc,)
Customer tips
" Fees for prepared and paclutged food vendors attending the Saturday Pico Fanners Nh*ket are reduced by $25.00.
5 Fees for prepared and packaged food vendors attending the Saturday Pico Farmers Market are seduced by $25.00.
NURSERY STOCK
Nursery Stock
To sell nlmerqs& kalkeScnmtzrlVomwFcrrnaaAfarleeiscer liredpivdircer ImstaAmtoihefollomigstandards
1. Possess a valid nursery license, whether fee exempt or conunewial
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 be 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 fast 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 folloNving:
i. Sexual propagation using seeds. Documentation can be provided which
supports seed purchase /production.
ii. Vegetative or asexual propagation using vegetative tissues (stem, toot, 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 die transplanted
container.
iv. Prepare plant varictals (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.
6/11/13
PARTICIPATION 3 -K Revised,
Attachment A
2.1.2 Non - Certified Section
Non -cevlijtable ProcessedAgiicullxrnlProducls, Piepaied and Paz packaged Foots, Retail, and
enlerlainmentare located in the Non - Certified Section of the market and must be
designated as such.
1. Non- e' eilifiableProcessedAgiicnitnralProdncls. Non - certifiable Processed
Agricultural Products are prepared or packaged foods where the primary
ingredient(s) are grown by the market participant and have included items
such as pesto, olives, and nut brittle.
2. Prepared and Pre-packaged Food: Pre - Packaged Foods are foods prepared
and packaged off site in a Health Department certified kitchen and include
items such as chocolates, breads and sandwiches. Prepared and pre-
packaged food may only be sold in the Non - certified Section of the
market. Prepared Food is prepared on site such as omelets, burritos and
pancakes.
3. Retail' Retail products are permitted in the Little Main Street section of the
Sunday Main Street Farmers Market only and may include but are not limited
to clothing, accessories, pottery, books, art, home goods, etc. Retail
products do not include any
food products.
4. Eutwainment. Musical entertainment, children's art activities, balloon
twisters, face painting.
2.2 CERTIFlEDAGRICULTURALSECTION
Any California fanner who owns, leases or resits land, demonstrates control of the
growing ground and practices the art of agriculture is eligible to apply to the SMFMs.
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.
2.2.1 Required Documentation
As proof of producership certified producers where applicable
shall obtain, and submit upon request by market management
current copies of the following documentation:
Embossed Ceilified Piodnceis' Ceiltf' icate (CPC) listing Los
Angeles County as an "Authorized County ". (Second
Cetficate requirements reference section 2.2.6)
City of Santa Monica Business License
All leases and agreements between maiketpmliri5ants and third parties.
Map of Growing Ground with supporting photographs.
6/11 /13
5
3 -K Revised,
Attachment A
PARTICIPATION
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. All retailers w shing to participate must hold a current City retail
business license in the business district where the market has a retail section. Retail
businesses participation is handled through the organized business district which has an
agreement with 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. T1ic
SMEMs strive to showcase a diverse variety of musical genres and local talent.
2.3.9.1 Sunday Main Street Farmers Market
Musical Entertainers may apply to perform at SMFMs Sunday Main Street
Farmers Market during the open application period each year by responding to the
Regttestfw'Qnnlifrc tiart (RF,Q). Selection criteria include, but are not limited to the
following:
Genre of music
Quality of music
Experience performing in outdoor venues
Previous SMFMs performance success and behavior
2.3.9.2 Saturday Pico Farmers Market
At the Saturday Pico Market, band performances are held once a month. Musical
Entertainers may apply to perform at SMFMs Saturday Pico Farmers Market by
completing and submitting the Entertainment Interest Form found on the SMFMs
website. Only acoustic performances are allowed and bands are limited to four
performers per band and must perform in a designated location Performers are
selected in order of application submitted. If there are more applicants that wish to
perform than there is space available, all applicants shall be put into a lottery system
and selected at random.
2.3.10 Children's Activities
Subject to space availability, children's activities are
allowed pursuant to local regulations and may
15
HEALTH, SAFETY & CONDUCT
Th4v sedion dejanber Aandad for bwhh, s '# and pofalonal condie qaW f all man�et
panip/M Vwlatwn., of ll xjr andafzd are.+etfortbin alion7Mad- &Vwlalioni page36.
Al 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
confirm a selling space for the following week Repeated absences regardless of their
cause or whether notification was provided may result in 1LO nsion from the following
market.
4.1.1 Prepared Food Absences
Prepared and pre - packaged food vendors are allowed three excused absences per year
for any reason including but not limited to: weather conditions, vacations, ilhiess,
staffing, etc. Market fees will be waived for excused absences. Beyond these
absences, prepared and prepackaged food vendors will be required to pay market
fees regardless of the reason for absence.
4.2 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.
43 CLEANING STALL SPACE
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 die
23
HEALTH, SAFETY & CONDUCT
o Name of the item
o Weight or volume of the package
o Ingredient list
o Name and location of the manufacturer.
4. No home processed foods shall be sold at SMFSs including food prepared
under AB 1616 the Cottage Food Law. All food products prepared for
resale at SMF'Ms must be prepared in a Health Department licensed
commercial kitchen, and a copy of the facility's health permit must be kept
at the seller's stand.
5. Food preparation is prohibited at certified farmers' markets with the
exception of food samples. Distribution of food samples may be
provided if the Vendor follows the California Retail Food Code and
section 4.17 of the Rules
6. Cut melons and sprouts must be kept on ice. Dairy products must be
maintained at 45.degrecs Fahrenheit.
7. Processed products such as dried fruits and salad mix must be covered or
clearly marked with a sign stating "wash before consurr ng"
All MNIMUMGR413EREQUIREMENTS
Commodities brought to market or offered for sale are subject to inspection at any
time by a SMFM management or authorized person. Produce must meet minimum
grade requirements, and must represent a "field tun" 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.
412 NOISE, DISTURBANCE OR INTRUSION
Radios and music shall not be played during market hours. No loud hawking or
shouting to promote products is allowed. Any disruptive action, including rough
housing or throwing of items, is prop bited. No bicycling, skateboarding, roller-
skating, or riding of scooters is permitted in SNIF- Is.
26
MARKET VIOLATIONS
Table 2: Market Violations - Schedule B
Violations listed in Schedule B will be documented in the market participants file and remain effective for 12
months.
Violation
1a, Offense
2nd Offense
3rtl Offense
Non - compliance with
Oral corrective immediate
Written notice violation
1 day suspension from ill
7.113
local health department
corrective action
di
with immediate
SMFMs
regulations
corrective action
Selling product not
Oral re aucand immediate
Writteu notice of violation
1 day suspension fiom all
7.2B
listed on CPC
corrective action
with immediate
SMFMs
corrective action
Selling product not in
Oral rcprvnand immediate
Written notice of violation
I day suspension from all
7.3B
selling agreement
corrective action
with immediate
SMFMs
corrective action
False Organic
Orel reprimand immediate
Written notice of
1 day suspension from all
7.411
Marketing
corrective action.3
violation vvith
SMFMs
immediate
corrective action
Culls, poor quality,
Oral reprimand immediate
Written notice of
1 day suspension from all
7.5B
overripe
corrective action.
violation with
SMFMs
immediate
corrective action
Stall Sales Audit
7.613
Discrepancy of 20%
Ora reprimand immediate
$250 fine
$500 fine
averaged over 3 months
c¢ ive action.
or
Any combination of four (4) Schedule B violations in a 12 month period shall be cause for a 3 month suspension from SI\4FMs
\with reinstatement of selling privileges contingent upon space available.
37
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
1s` Offense
2nd Offense
31" Offense
41" Offense
5t"- Offense
1 dap suspension
1 dap suspension
No show without
Oral reprimand
Oral reprimand
Written notice
from the same
from all SMFMs
7.1C
telephoning prior
with note to file
with note to file
of violation with
SMFM the
the following
to market starts
intent to
followingweek
meek
suspend
Notice of
1 dap suspension
7.2C
Arriving after
Oral reprimand
Oral reprimand
Written notice
proposed one
from the market
market start time.a
with note to file
with note to file
of violation and
dap suspension
the following
correction plan
week
General stall set up
Sales suspended
Sales suspended
Sales suspended
Sales suspended
Sales suspended
7.3C
unsafe
until set up is
until set up is
until set up is
until set up is
until set up is
correct
correct
correct
cornet
correct
Failure to submit
load list
7AC
r adshe,otae dae at the
Oral reprimand
Oral reprimand
Written notice
No
No
eadofeadnnarkce Goad
with note to file
with note to file
ofviolation with
Participation
Participation
sheets war be accepted vin
fax o roved fit on a rase by
letter of
until load sheet
until load sheet
rnsc basis ttdthut 24 boars
correction
is submitted
is submitted
aftertht market.
Failure to clean
7.SC
stalls ace or
Oral reprimand
Written notice
Notice of intent
leaving trash
with note to file
ofviolationwith
to fine
fee
fine
fine
fine
behind
notification of
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 SMFMs with reinstatement of selling privileges contingent upon space available.
38
MARKET VIOLATIONS
,�...,:• •1• •...,
Market participants shall receive a written Notice of Proposed Action if the proposed
enforcement action includes a suspension longer than one (1 day, any fine or expulsion
from the SIv1FMs. The enforcement actions proposed in the Notice are not effective
until finalized as authorized by these rides.
The Notice shall:
® State the specific reason(s) for the action.
Be delivered in person or mailed, faxed, sent by Certified Mail or e- mailed
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 market participant of the written appeal process of the action.
7.3.1 Office conference
Any market participant may request an Office Conference with the Farmer's
Market Supervisor to review a Notice of Proposed Action. Any such request must
be made within five days after the issuance of the Notice of Proposed Action.
The Office Conference would be an informal opportunity for the market
participant to present evidence and argument as to why the proposed action
should not be finalized.
7.3.2 Final Farmer's Market Enforcement Action
The Farmer's Market Supervisor shall issue his /her decision ("Final Enforcement
Action ") within five days after the conclusion of the Office Conference, or, if no
Office Conference was timely requested, within ten days after the issuance of the
Notice of Proposed Action. This Final Enforcement Action is effective on the
date of issuance. In the case of an expulsion, the Final Enforcement Action shall
remain in full force and effect during the pendency of the appellate process.
Any Final Enforcement Action and /or conditions imposed as a result of a
dismissal may be appealed to the City of Santa Monica Farmers Market
Supervisor's Manager. If the Manager is unable to conduct the hearing, the
Housing and Economic Development Director shall appoint a hearing officer.
The appellant has the burden of proof. In order for the appellant to prevail,
he /she must show, by a preponderance of the evidence, that City staff's decision
under review is not authorized by applicable federal, state or local law, or is
inconsistent with these adopted Rules.
Ev
ATTACHMENT B
CITY OF SANTA MONICA
Farmers Markets
■ a• .a
•
Adopted
May 25, 2010
Updated
March 20,2012; May _ 2013
tinnl�� llunlan
FARMERS MAREKTS
1901 Main Street, Suite F
Santa Monica, CA 90405
Phone 310.458.8712 — Fax 310.391.9996
Nxw.fauncrsmarketsmgov.nct
farmer�market@smgov.net
FARMERS
J (f
TABLE OF CONTENTS
1 AUTHORITY TO OPERATE ... ..... ....... .... ............................... .......... .................. .. ........ ............ ........
1
2 PARTICIPATION ...................................................................................................
..............................3
2.1 SN114MS ORGANIZATION AND LAYOUT ............................... ............................
3
2.1.1
Certified Agricultural Section .............................. ..............................3
2.1.2
Non - Ccrtificd Section..._ ....................... ..........................................
2.2 CERTIFIED
AGRICULTURAL SECTION ............................... ...................... .......
2.2.1
Requited Documentation ............... .................... ...... ........................
4
2.2.2
Selection Criteria: Certified Producers ............. .................. ...........
2.2.3
Additional Selection Criteria: Meat, Poultry and Dauy .................6
2.2.4
Additional Selection Criteria: Nursery Stock .... ..............................7
2.23
Additional Selection Criteria: Producers of Fish and Shellfish .....
7
2.2.6
Second Certificate ................................................ ..............................7
2.2.7
Partnerships ......... .. ..................................................................... .....
.8
2.25
Growing Rnctices .......................... ....................... .. .........................
9
2.2.9
Organic Products ................................. ............................ .. ...............
9
2.2.10
`No Chemical» "Pesticide Free" labeling. .............................
9
2.3 NON- CFRTIFIEll
SECTI ON . .................................................... .................. ..........
10
2.3.1
Non certifiable Processed Agricultural Products. .........................
10
2.3.2
Prepared and Pre - Packaged Food ..................................................
10
2.3.3
Featured Restaurants .................................... .............................
12
2.3.4
Wild Harvested and Foraged Agricultural Products. ....................
13
2.3.5
Sellers of Wild - Caught Fish and Shellfi sh ....... ...............................
13
TABLE OF CONTENTS
2.3.6 Information Tablcs ..................... ... ........................ .........................
14
2.3.7 farmers Market Management and Information Booths ..............
14
2.3.8 Rctail ............ ................................................._ ..................................
15
2.3.9 Musical Entertainment ........... .................... ....... .......... __...............
15
2.3.10 Children's Activities ............................. ...............................
2.3.11 Market Sponsored Consumer Education and Outreach ..............
16
2.4 TERMS OF PARX ICIPATION .................. _ ............................................... ............
16
2.4.1 Certified Producers and Producer s .................... ......... ..............._..
16
2.4.2 Vendors._ .............................. ....... ............... ...... ....... .............. ........
...1(y_ -- JID6 eted: 17
2.5 HOW IS STAN. SPACE ALLOCATED? ......... .............................................. -
....... 17
2.6 "NO ASSIGNMENT" (CI-L1NGE IN OWNERSHIP OF FARM Olt
BUSINESS) ..................................................................................... ...............................
17
2.7
INFORMATION DISCLOSURE STATEMENT ..............
18
2.8
OTHER ACTATTIES ........................ -............_....._.................. .............................._
18
2.8.1 Filming ............................................................... ...............................
is
2.8.2 Signature Gathering/ Petitioning / Leafleting ._ .............................
18
2.8.3 Product sample distribution ............................. ...............................
18
3 DOLLARS AND CENTS ..... ................... ........... ...... ... .............. ............. ......... ..... ........ ........_...........
19
3.1
PRICES &MONEY ILINDLING ............................ _.. ..... ........ .......... .........
............ 19
3.1.1 Product Prices ............. -.. .............................. ...... ...............
.... .........19
3.1.2 Money handling................................................. ......... ........
._........... 19
3.1.3 Refunds .............................................................. ...............................
19
3.2
LOAD SIIEETS ............. _..... ....... ..... . ...... ..... .................... .... ...... . ........_......................
19
3.3
RATES AND FEES .............................................. ......................................
................ 20
3.4
BILLING ............................. ... ...... : ....................... . ... . ...... .. ..................... - ....................
20
3.5
PAYMENTS ................................................................................. .................__............
20
3.6
DELINQUENTACCOUNTS .............. ..... ............................................ ...................
20
3.7
RETURNED CHECKS .............................................. ...................... .........................
20
3.8
CREDITS.............................. .... ........ ... ....... .. ....... ........................................................
20
3.8.1 Assistance Program Participation...._ ..................... ....................
,..2((,_-
/� Deleted: 21
3.9
OTHER COUPONS ........................................................................ ............................20,
,
�' Deleted: 21
TABLE OF CONTENTS
3.10
DONATIONS................................... ...................................................................
........ 21
3.11
SA I, EST AX .................................................................--.............. ...............................
21
4 HEALTH,
SAFETY & CONDUCT ............................ ........_ -......................... ...............................
23
4.1
ABSENCES ............ ................................................................... ...............................
23
4.1.1 Prepared Food Absences. .........................................................
..... 23
4.2
ANIMALS ........... ............................................................... ............ ...............................
23
4.3
(:LEANING STALL SPACE .............................. -......................................................
23
4.4
COTdN- IERCIAL RESALE ........................................................
24
4.5
COURTEOUS CONDUCT ......................................_ ................................................
25
4.6
CUSTOTTER ADVISOR] ES .................................................. .... ....- ..........................
25
4.7
DECEPTIVE PACK .................................................................... ................._.............
25
4.8
FIRE ................................................................................................ ...............................
25
4.9
HAND\ WASHING ........................................ _ ..... .......................................................
25
4.10
HEALTH CODE COM PLIANCE ....................................... ...........
25
4.11
MINIMUM GRADE REQUIREMENTS .......... .... - ................. ...............................
26
4.12
NOISE, DISTURBANCE OR I NT RUSION- ..............................................
26
4.13
NON - MARKET RELATED ACTWITIES .......... ............ - ....... .............................
27
4.14
PARKING .......................................................
27
4.15
PREVENTION OF I- IARRASSMENT IN THE WORKPLACE .........................
27
4.16
PUNCTUALITY........................................... ._............................................................
27
4.17
SAMPLING ........................... ._................................................... _......................_.......
27
4.17.1 Sampling Setup .................................................. ...............................
27
4.17.2 Sampling Procedures .......................................... .............................
28
4.18
SIDE- SELIdNG AND DELIVERY ........................................... ...............................
28
4.19
SMOKING ......................................................
28
4.20
SUBSTANCE USE_ ............................................................. .._.... ...............................
28
4.21
OVER RIPE ............................................................
28
5 SETUP&
DISPLAY ............ ....................................................................... ...............................
29
5.1
STAN, LAYOUT ................................................._....................... ...............................
29
5.2
WEIGI -ITS AND AI EASURES .................................................... ...............................
29
5.3
LABELING& DISPLAY ................................................. -.........................................
29
5.3.1 Closed or scaled conta nce; ....................................................
....... .30
TABLE OF CONTENTS
5.3.2 Prices .................... - .................... .......... ....... .... .. .... ...............
...... ...... 3(d-' � Deleted:31
5.3.3 Organic Labeling.... ............................... .......... .... ...... ......_..._..........
31
5.3.4 Signs and Posting. .............................................. .... .. ...
.... .. 31
5.3.5 Growing Practices Disclosurc ............................ ... ..........................
1,_- / Deleted' 32
5.3.6 Sustaimbifity ....................................... _ ............................
..._......... 32
5.4 SETUP & BREAKDOWN T MI ES ..........................................._ ...............................
32
6 AUDIT PROGRi"l .................................. .........._............................__............... ...............................
33
6.1 STALL SALES AUDIT S .......................... ...... ..... ........ ........._. ....... ....... ......
... ........ ... .33
6.2 FARM AUDITS..__ .......................................................... ......................... ._.._............
33
6.3 MYSTERY SHOPPER.._._ ....................... _ ................................................
............... 34
6.4 AUDIT PROGRAM PARTICIPAT ION ....................... _ ............................
........... 34
7 MARKEsTVIOLATIONS...__._ .. ... ...... ... ..... ...._.. ... .... .... .... ...............................................................
36
7.1 FNFORCEMFNT AND DUE PROCESS ................._........ ...................................
39
7.2 DISMISSALS ............................................ ... ........ ....... ..................................................
39
7.3 MNES, SUSPENSIONS AND EXPULSIONS .......................................................
40
7.3.1 Office con ferencc .....................
40
7.3.2 Final Farmer's Market Enforoemer,t Action ........... .....................
40
7.4 APPEALS AND ADM NI STRIVMFE, HEARINGS ................ ... ._.......................
40
GLOSSARY OF T ERNIS ............... --- .............................................. ...._......................... ...................
......II
INIARKET HOURS AND DAYS ...................... .......................................... . ......................................
. ......... I
RATESAND FEES .................................... ......................... .......................... .......................................
...... 2
NURSERYSTOCK ............................. . ... . .......................... .. ...... ...................................... ... .........................
3
iv
Stablished July 15, 1981, the Santa Monkca Cer/firrl Fanvetr Alaiketr (SAIRI lr) and
accompanying programs are committed to promoting healthy eating and
sustainable agriculture in California by providing fresh agricultural products
direct from small farms to urban customers, thereby building community and preserving
California farmland. The City of Santa Monica (hereafter referred to as the City) oversees
the operation and management of four Ceitifred Panwit'I&kett (CFAlr):
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 Downtown Santa Monica Business
District and is adjacent to the 3rd Street Promenade retail businesses and restaurants.
Each week over 8,000 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 is held every
Saturday from 8:30 am — 1:00 pm on Arizona Avenue at 3rd Street. The Saturday
Downtown Market boasts the largest percentage of certified organic growers of the
City's four markets. In the heart of the Downtown Santa Monica Business District,
the Organic MMarket is adjacent the 3rd Street Promenade retail businesses and
restaurants. Each week over 4,000 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 pm in Virginia Avenue Park. This market features locally
grown produce and flowers as well as prepared foods and breads. Each week over
3,000 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. Market Pat- liapantr
include local California fanners, prepared food vendors, businesses from the local
business district, children's activities and musical performances. Each week, over
5,000 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
�� �).�,-
Autlxng to o iuk if g a1jkd 6y %.State of (4&a4 dx IPaAt ffles Gi#i# D�wimarrtr of
Heald) andf in1lmaIIPeegbteairdVluAme audtlxCjofSaitalfoium,lxrtt erie7rdtoa
11x Gi i Tlzw inks rtge arbpted by flx 0# of Santa Monica GwinlMy 25, 2010 and
ar&wqnenoJi,ft-UedMain20, 2012aiulll�gi-2013.
blFn -Is are CFMs operated by die City in accordance with regulations established
in California Administrative Code, Tide 3, Chapter 3, Group 4, Article 6.5, Direct
Marketing. These markeLc are subject to all pertinent local, county, state and
federal regulations and laws. All participating prnditats are expected to be fanniliar with
the current Dired Marketing Regulations and these Rules, Regulations and Policy Guide
Qnercafter referred to as `The Rules ").
In addition to the CFMs, adjacent non certified activities are operated under die
authority of these roles and the City.
The purpose of I'he Rules is to govern the operation, administration and management
of all famners' 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 Direct Marketing Regulations provided that they do not violate of
conflict with other relevant state laws or regulations.
SMFMs management and its designated agents wilt implement and enforce all Rules,
Regulations and Policy pertaining to the operation and management of any Santa
Monica Farmers Market (SINIFM) in a fair and equitable manner.
PARTICIPATION
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2-1 SMFMSOFWMIZ TION AND LAYOUT
Each market is divided into two sections: the Certified Agricultural section and the
Non- Certified Section.
2.1.1 Certified Agricultural Se GHOn
CeRified agiictdlronlprodacls and Non -certifiable Agdculmial Products may be sold in the
Certified Section of the market.
1. Certified agricultural products are products which arc grown by a cw9ifled
producer (farmer) 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, shel 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.
2. Non - certifiable Agricultural Products include all certified agricultural
products that have been processed and include those products other than
certified agricultural products noted in CCR 1392.20) ... 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.
PARTICIPATION
2.1.2 Non-CertiPied Section
Non- coTifnable Processed Agr cidtrval Prndactr, Prrpared and Pre-packaged Food,, Retail, and
entertainment are located in the Non - Certified Section of dm market and must be
designated as such.
1. Noo- certifiable ProeessxdAgticaltnralProduelr. Non - certifiable Processed
Agricultural Products are prepared or packaged foods where the primary
ingredient(s) are grown by the market parricipantand have included items
such as pesto, olives, and nut brittle.
2. Prepared and Prepackaged Food: Pre- Packaged Foods ace foods prepared
and packaged off site in a Health Department certified kitchen and
include items such as chocolates, breads and sandwiches. Prepared and
pre - packaged food may only be sold in the Non - certified Section of the
market. Prepared Food is prepared on site such as omelets, burritos and
pancakes.
3. Retail: Retail products are permitted in the Little Main Street section of the
Sunday Main Street Farmers Market only and may include but are not
limited to clothing, accessories, pottery, books, art, home goods, etc.
Retail products do not include any food products.
4. Eviolanonenl: Musical entertainment, children's art activities, balloon
twisters, face painting.
22 CERTIREDAGRICULTURALSECTION
Any California firmer who owns, leases or rents land, demonstrates control of the
growing ground and practices the art of agriculture is eligible to apply to the SINFMs.
Applicants may obtain an application from the SMPMs office or website and may
submit applications and supporting documentation via mail, email or fax year found.
2.2.1 Required Documentation -� t
As proof of producersslup certified producers where applicable
shall obtain, and submit upon request by market management
current copies of the following documentation:r�; ->
n Pmbossed CertfedProdrrcemr Ceriifncale (CPC) Posting Los
Angeles County as an "Authorized County". (Second
Ceitifrcalerequirements reference section 2.2.6) „
m City of Sanla btonica Business License.
P All leases and agreements between marketparticipmntr and third parties.
lvlap of Growing Ground widh supporting photographs.
4
PARTICIPATION
• Apiary registration (if selling honey).
• Avocado exemption permit or proof of inspection (f selling avocados).
• Organic registration and certification.
• Annual Health permit fox processing facility.
• Board of Equalization Permit (for taxable products).
SMFIYIs management may require the certified producer or producer to provide
additional supporting documentation and may either contact agricultural inspectors in
the county where crops are grown or conduct a farm inspection to verify production
and quality. SbIFbIs management may verify information from other market managers
or industry organizations outside the City.
2.2.2 Selection Criteria: Certified Producers
When space is available, the following criteria, in no particular order, are used to
evaluate potential market participants for the Certified Section of the SDIFnts.
• Products may not contain genetically_ modified ingredients or be grown
from genetically engineered seeds.
• Product mime - products are admitted to the SNEFAIs with adequate variety
to ensure a wide product mix and to fulfill u_ nnsumer demand without
creating a surfeit (glut) of any one product
• Desirability of crops - crops which are in demand, arc one -of-a -kind or of
exceptional quality or uniqueness, are preferred over crops already in
sufficient supply at the market.
• 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 — growers of fresh products are given priority over
producers of processed products.
• Preference is given to growers 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 growers whose primary distribution is local, not
national.
5
PARTICIPATION
Preference is given to producers who follow sustainable farming practices.
Sustainable farming takes into account proximity to market, which for
CFnd purposes are all crops gown in California. Sustainable fanning
practices include organic (no synthetic products, regulated by State and
Federal regulations), Integrated Pest Management (IPM), "Low Input"
which refers to minimal use of synthetic fertilizers and pesticides, as well as
other practices including crop rotation, crop diversity, water conservation,
composting, use of cover crops to increase soil fertility and any methods
that use natural means to control weeds, pests and disease, Sustainable
twining practices also include Eau wages for workers and humane
treatment of farm animals.
e Preference is given to growers with no prior violations of the certified
farmers' markets program.
Certified producers and producers not invited to participate in SMFMs at the
original time of application wilt be placed on a waiting fist for 12 months and will
be reconsidered as space becomes available.
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) or licensed State facility
(chicken does not require USDA certification approved processing facility
ii accordance with the Federal and State meat processing standards).
• No livestock, meat, or dairy goods m which growth hormones, such as
rBGII, were administered may be sold at ShBT1s.
• 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 Farm Animal Care
(www cniiFiedlmmLme ore).
• Only farmstead cheeses (made by the producer) may be sold at tine
STYfFMs. Cheese and processed milli products sold at the Santa Ivtonica
Farmers Markets MIF2 -Is must conic from the milk of animals drat are
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:
(1) Market Mille Permit
(2) Farrn Inspection Report
(3) Grade A (or B) permit for milk production
PARTICIPATION
(4) Tuberculosis Test Record
(5) Producers /Ilandlers /Processors 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, gemination, planting of ratings, or division wodc
• Products sold roust 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 diem without sufficient propagation or growing time. See
Attachment Ill.
2.2.5 Additional Selection Criteria: Producers of Fish and Shellfish
Aquaculture operators who sell products from controlled ponds or waters are
considered non- cerfifiable agricultural producers and may sell ire the certified section of
the market Aquaculture operators are required to submit to SA4nls current
documentation that verifies production including, but not limited to the following:
• California Department of flealth Services Shellfish Growing Area
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
Secand autifrrates (certified producers selling certified agricultural products on behalf of
one other certified producer) are admitted to the SMFMs based on tine criteria listed in
section 2.2.2, in compliance wide CR1392.4 (g) and the following additional restrictions.
• A certified producer shall not represent, nor be represented by more than
one other certified producer in a 12 month period.
• The name of the certified producer for whom another certified producer is
selling shall appear on the certificate of the person selling his /her products.
[CR1392.4(g)(3)).
PARTICIPATION
• The name of the certified producer who is selling die products of another
certified producer shall appear on the certificate of the person for whom
he /she is selling. [CR1392.4W(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 die 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 SMNMs shall kcap, for a period of not less than three years,
the following documentation: [CR1392W(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.
• Certified producers growing cut flowers and nursery stock may only sell
product of their own production.
• The product being sold is not available except on a second CPC.
• Absentee certified producers shall be given notice of one years selling
season if their product is no longer needed at SA4FMs.
• 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 mouth
period. If absentee Earner 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 pamwrbip, with sharecropping agreements or similar contracts as
described in CR1392.9.1 who are issued a CPC are subject to die same regulations and
restrictions and application procedures as listed in sections 2.2.2 and 2.2.6 of The
Roles.
PARTICIPATION
2.2.8 Growing Practices
All certified producers, including certified organic farmers, are required to submit a
Growing Procurer Lfiormnlion Parr that lists Hie methods used to control weeds, pests, soil
fertility and visual appeance 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 Actof2003 (COPA), effective January 1, 2003.
Certified producers engaged in the production of agricultural products sold as organic
and who sell over $5,000 annually, must register with the agricultural commissioner in
the county of principal production prior to the first sale of product, and their 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 revolted
or the farmer withdraws from die organic certification program.
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 from certification, these producers must abide by the national and
state standards for organic products and may label their products as organic.
If a certified organic producer also sells produce that is not organic, tine non - organic
produce shall not come in physical contact with tine organic produce at any time during
handling, shipping or display. Non - organic produce must be displayed in a manner
that separates it from the organic produce with a physical barrier, and non - organ is
produce must be clearly labeled and identified as such by means of a sign stating "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 SNIF14Is. The farm
address and the gross sales figures may be redacted for purposes of privacyi
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
Caiif"mta 0,p r Prod "as Aa of 2003, N,rt„,,r o.x, nk Pr "s,xm.
9
PARTICIPATION
shall be fully disclosed. The term "No Spray" may not be used since it is vague and
misleading.
r "�
Applicants may visit the SMFATs website year round to register as a vendor and will be
notified when the application periods opens.
Non- CertiTed Section
The non- cediitted see ion is ertablished b), the
SMFA1s top wide anallarr activities
p i,duets and semias that mhaice the miaket
ambiance.
2.3.1 Non - certifiable Processed Agricultural Products
Non- cerCr6able Processed Agricultural Products arc prepared or
packaged foods where the primary ingredient(s) are grown by the
market participant and have included items such as pesto, olives,
and nut brittle 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 tine market A
CPC is required to substantiate the certified producers cam to
growing the primary ingredients in Non - certifiable Processed Products.
Certified producers of non - certifiable processed agricultural products are subject to die
same documentation and selection criteria as certified producers Section 2.2.
2.3.2 Prepared and Pre - Packaged Food
Pre - Packaged Foods are foods prepared and packaged off site in a ffealth Department
certified kitchen and include items such as chocolates, breads and sandwiches.
Prepared and pre - packaged food may only be sold in the Non - certified Section of the
market. Prepared rood is prepared on site such as omelets, burritos and pancakes.
The bfa, , Street Sunday Market and the Pico Saturday market feature both a mix of
prepared and packaged food vendors whereas the downtown markets only feature
baked goods.
PARTICIPATION
Prepared and Pre packaged food vendors may with apply with their desired menu
through a Rerysertfor Pivposal (F-H' process. The amount of square footage allocated
and length of contracts for any give RFP may change from year to year (see section
2.4.2 Vendors). RFPs are conducted annually for one third of allocated spaces_ Market_ , - Deleted: with three year
management determines the number and location of stall spaces to be made available contracts awarded
which are subject to change with each RFP. Menu modification requests am reviewed
upon request. The evaluation criteria for Prepared and Pre - packaged food applicants
includes five areas of evaluation.
e 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 businesses outside the City
of Santa Monica.
e Ingredient Sourcing
• Products sold at the market must be homemade (father than
purchased fully processed and re -sold) and that incorporate ingredients
which are:
• Grown in California
• Organic
• Fair trade
o Free range and grass fed meats
• Wild - caught or local seafood from sustaimbly managed fisheries
• Purchased from SMFbls certified producers (farmers). -
e Sustainability
Environmental Sustainability. Evaluated through substantiated business
practices and green certifications such as the Sustainable Work Business
Greening program.
• waste
• Composting
• Recycling
• Water
Water saving measures
• Toxic Chemicals
17
PARTICIPATION
• Use of chemical cleaners
• Reduction of chemical inputs
o Transportation Measures
• Alternative transportation
• Alternative fuels
o Energy Reduction
• Utilization of energy efficient appliances
• Reduction in energy usage
e Experience
• First preference is given to applicants with experience participating in
outdoor event food preparation and sales.
• Second preference is given to applicants with restaurant or catering
experience.
• Value
o Preference for products that are unique and of high quality that ensure
a wide diversity of offerings to adequately fulfill customer demand.
Evaluated in contrast with other applicants.
2.3.2.1 Prepared and pre - packaged food (Sunday Main Street Farmers
Market)
Additional stall space allocations apply at the Sunday Main Street Fanners' Market
50% of the prepared food area, or 50% of the prepared food stall 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 prepared
and packaged food vendors are offered the reserved stall spaces. Maur Street prepared
and packaged food vendors not selected for the reserved spaces will be added to the
general pool of applicants to compete for the remaining spaces. When fewer Maui
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 SMFb[s to allow
one food establishment per week from the local business district to sell prepared foods
listed on their established restaurant menus. 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 based on a calendar year of four -thiee month quarters,
with other qualified applicants in equal proportion.
12
PARTICIPATION
Vendors must obtain and present required documentation which may include, but is
not limited to:
• Board of Equalization Permit (for taxable products).
• Current City of Santa Monica 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 die
Monterey Bay Aquariums Seafood Watch program.
Wild caught seafood and shellfish vendors must obtain
and present appropriate documentation which may
include, but is not limited to:
• DNIV Boat registration
• Commercial California fishing license issued by the California Department
of Fish and Game.
• Boat registration issued by the California Department of Fish and Game.
• Processers and IIandlers Permit issued by the California Department of
Fish and Game.
• IandingReceipts.
13
PARTICIPATION
• 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, or by boats that
originate in California coastal waters.
• 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 fislmmongers 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 SI IFTvls.
• 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 SbIFMs.
2.3.6 Information Tables
Subject to space availability table space at SMFMs is provided only for City
departments and programs 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:
1. City of Santa Monica publications
2. Publications featuring the SMFMs or participating certified producers (will
be labeled with city logo and article reference)
3. Publications featuring food assistance services such as SNAP
(Call'resh /EBT) (will be labeled wide city logo).
4. Market promotional items such as bags, aprons and cookbook.
14
PARTICIPATION
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. All retailers wishing to participate must hold a current City retail
business license in the business district where the market has a retail section. Retail
businesses participation is handled through the organized business district which has an
agreement with SAfFMs.
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. The
SAIFMs strive to showcase a diverse variety of musical genres and local talent.
2.3.9.1 Sunday Main Street Farmers Market
Musical Entertainers may apply to perform at SMFMs Sunday Alain Street
Farmers Market during the open application period each year by responding to the
Regnestfar .Qua1fcatiou (RF2. Selection criteria include, but are not &rmited to the
foflowhag:
• Genre of music
• Quality of music
• Experience performing in outdoor venues
• Previous SMFMs performance success and behavior
2.3.9.2 Saturday Pico Farmers Market
At [lie Saturday Pico Market, hand performances are held once a month. Musical
Entertainers may apply to perform at SWM' s Saturday Pico Farmers Market by
completing and submitting the r3ntertinmmrit Interest Form found on the SMFAds
website. Only acoustic performances ate allowed and bands are bruited to four
performers per banrj, and_perform in a designated location. Performers are -------- [Deleted: .
selected in order of application submitted. If there are moreytpplicants that wish _ to perform than there is space available, all applicants thereafter- shall be put into a Deleted: performers
lottery system and selected at random. plaee et a{rmoatn-e6tat=o . Aledule -wida
yak€ed":cpY�}+carif: are.'ryual- pzapeePren
Once nere-ix elec-Piex
wj}}-{ re- c�sndueted- tFrnHUldi- a+r -RT- Fay- xcncsstiderui� :H�hrSrlr>fky�fairzt
$fands - 44ue - peffacu nce dates ir,u , ca rte.--
Seleetiotre.�tc. c,�.,r.-- rude- r�nelHm- {i- �eletee- a}fof- the- te}leroinY,*.c��iHn -)-hH
quaiif ie d-a ffAleatitS�v�sdE�tiur4TE- nHt- hnHtGYi- %crc}i_
15
PARTICIPATION
°-�Cr� 'actit-H3ti41E
�{itY.tlikj�4f- mH:sie
®P';sjserienee fimti�inuig- in- entdooe- verxic�s
--,-.r ar rz.,�?di'�fs- pe�fermanee- iueeess :iuel- 1>eFrtviex
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.
2.3.11
Children's activity performers may
apply to participate at SMFMs by I"
submitting the Children's Activity
interest form found on the SMFMs website. performers are selected in
order Of application submitted. if there are more applicants that wish
to perform than there is space available, all applicants thereafter
shall be put into a lottery system and selected at random. Market
Sponsored Consumer Education and Outreach ,
Srb1FMs management provide Market Sponsored Consumer Education that is untended
to promote healthy eating, support California fanning and sustauhability, and may
include, but is not limited to Ask die Dietitian, the Master Gardeners, speaker panels,
school tours and chef demonstrations.
24 TERMSOF PARTICIPATION
2.4.1 Certified Producers and Producers
Once selected first time certified producers and producers will be offered a three
month probationary participation agreement stipulating products to be sold and the
markets they will be attending. Provided there are no notices of violation during the
three month period and the product tune is a good fit, certified producers and
producers Nvlll be awarded a participation agreement
Farmers wishing to add a product to their product mix that was not included in their
original selling agreement must apply to do so annually.
2.4.2 Vendors
The terms of participation for vendors who are selected through a RPP or RFQ
process will be set forth in a selling agreements and /or contract. Contract tams,
number and type of vendors will be set with each 12FP or RPQ. If a vendor is unable
16
Deleted: All applicants will be
accommodated on a space available
basis. Once there is no space,
selection will be conducted through
an REQ process. _
Deleted: Selection criteria include,
but are not limited to the following:¶
References¶
Appropriateness and quality of the
PARTICIPATION
to fulfill the terms of his /her contract market maurgemcnt will use one of the
following criteria to fill the space
1. Select die next eligible cruder with a surdlar product line from the RFP or
RPQ process
2. Vacate the space
3. rill the space with a Certified Producer
4. Conduct a ncm RFP or RPQ
To address operational needs of the market, contracts may be extended for up to one
year. These would include aligning contracts on an annual, rather than quarterly basis, _
or starting contracts duruighigh season ([uul, 1) either than late f ill�October 1)_ _ _ _ _ - tMeleted. summer
25 HOWISSTALLSPACEALLOCATEO3
1\- 1arket participants are granted one selling space and may not occupy two separate
selling spaces or sell outside their assigned space under the same CPC. Every effort is
made to assign permanent space locations to market participants. Hulk ensures
continuity, which is beneficial to die market participant and to the overall operation of
the market. Occasionally changes must be made in stall assignment location. Such
decisions are made at die market management'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 rick or hazard.
• l?mpty spaces which need to be filled.
• Placement of stall space to create increased foot traffic
26 INO ASSiGNM EJP' (CHANGE IN OMOMIP OF FARM OR BUSIN ESS)
There is no assignment of a selling space in the market in the event a participating fame
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.
17
PARTICIPATION
2.7 INFORMAMUN
Many records maintained by the SlUnis are subject to full disclosure to the public in
accordance with the City of Santa Nlonica's Administrative instructions U -2r2:
Compliance with the Public Records Act. For purposes of publicizing the markets,
SMPD4s may promote and share information about market participants, dneir products,
d ction or owin methods and
pro a gr g
photographs. Market participants who do not
want their contact information shared may
complete a "non- relcase" form.
2.8 OiHERACTPJMES
All SAIFMs are open to the public. As such
they attract a variety of activities not related to
the SMFMs mission. The most common
activities and the rules which regulate these
activities are listed below:
2.8.1 Filming
Filming is allowed Nvith prior approval from
SMFM management and a valid film permit
There activities air protected G), Fiat
A wendwent tightsgoverning fiee.cpeech and
public access. Aigane engagug in there
activities is asked to keep thepnblic mrafiee
of discarded Glerataz and must mnpg, with
Cite of Sala Monica Mrmidpal Code
4.54 020 which prohibits "agressnv
solicitation" such as blocking passage,
folloiiing a pecroa mho has derliued to stake
a donation or approadiicg castwuecr who
ace mailing in line.
issued by the City s Film Penmt Office. An
additional permit from the Downtown Santa Monica Inc., may also be required to film
in the area designated as the Downtown Santa Monica.
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 witbun the markets.
18
DOLLARS AND CENTS
D in '�'ti
1 Ur,reefzOn IYdY /] /.rl ➢�0lIIIO601i e]iMHIJ %C/�011l�O1�N']'�PPJ'Q ilia %1!✓;� fGL�Ye;f2�'OICq /,f G /i'[idrtille%IIhr'..
3.1 PRICES &MONEY HANDLING
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
At market participants are expected to be accurate in all monetary transactions. It is
advisable drat cacti farmer have in place a cash handling system. Disputes over
monetary transactions may be mediated on a case by case basis by the market manager
with final resolution determined by the market manager.
3.1.3 Refunds
Market participants arc encouraged to give customers die benefit of die doubt and
offer a full monetary refund of replacement of equal value when purchases are
disputed. Return of exchange policy shall be posted in writing at the still.
3.2 LOADSHEErS
Afisket participants will complete and turn hi a daily load steel for record keeping and
billing purposes. Load sheets shall include an itemized list of all products sold at the
CFNI each day [CCR1392.9 (6b)]. Additionally, all market participants shall indicate
sales by commodity group and total gross sales per commodity, group. SUFh4s`
management will monitor sales reporting as necessary to check for accuracy.
19
DOLLARS AND CENTS
sales Monitoring
To Lead mar abort sales monitmng stall or
faro, andits and molationpenallas, please see
page 10.
Rainy Day Fee Policy
MmkeU remain open on rainy days and stallfees
twill be collected on any sales tbattakeplace.
1 1'eadas nvGose sates are Lased on a% ofsoles
remain tse same. Pnrpmed andpackaged food
vendors mill have a 50% irdnced stall fee when
average frn slorsales air down 19, d0% or mole
fnam the average amoral sales offhepreviaayear.
Schedule of fees is shown Attachment II.
Market participants shall be billed for all stall fees at the
beginning of each month and payment is due upon receipt.
3.5 PAYMENTS
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
statement
3.8 DEUNQUENTAGMUNTS
Payments are due upon receipt If payment is not received
within 30 days from the date of the invoice, account becomes past due. 'lease see ,
Chapter 7, table 4 for a schedule of payment violation policies and penalties.,_
,
3.7 �2E RIMIMCHECKS
Checks returned to the City for insufficient funds will be charged a $25.00 penalty `
for the fast 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.
N4arket participants will receive credits toward their stall fees for a variety of items,
including food stamps, Fanners'dlaekel Nnhition Pirogmm (Fi1lNPj coupons, marlketing
coupons, items purchased by the market for use at the market or accompanying
programs. Credits will appear on the monthly, statement. Credits must be reported as
income and included in the daily gross sales report by commodity.
3.8.1 Assistance Program Participation
Market participants (where applicable) are required to accept SMBNts tokens issued for
food stamps (CalBrsG) and lVomen Lfasds and Ckldsrn (IFT0 , FNINP, and Senior
Nutrition Fanness'llasket Pnognmi (SFAVIM, and must adhere to all assistance program
participation roles and guidelines. As change cannot be given, producers are expected
to assist WIC and CalFresh customers by providing produce in $1 or $2 increments.
19 OTHEtCOUPONS
SMFMs occasionally distribute of sell gift coupons to individuals or groups. All market
participants are required to accept these coupons in hell of cash. At the end of each
market day, coupons must be noted ou the load sheet in the appropriate box and turned for a
credit at the SNIFM9 Information Stills. Credit vouchers must be reported as income and
20
Deleted: Alarket participants
whose accounts are over 61 days
past due will be delinquent and will
be suspended from participation in
SNIFNIs until the balance is brought
current ($0)
Deleted:
Deleted: < # >Weekly
Payment Plan¶
Accounts that are delinquent must
maintain a zero balance for six
months and are placed on a weekly
payment plan for six months for the
fast occurrence and indefinitely for
any future delinquencies. Ilveekh,
paymentplan participants must pay
their stall fees in full at the
completion of each market attended
or weekly if attending multiple
markets.¶
DOLLARS AND CENTS
included in the daily gross sales report by commodity. Credit vouchers are indicated on
statements.
3.10 DONATIONS
Occasionally, SMFMs are asked for food, donations to support various
organizations, causes or events. When asked, market management may forward a
letter detailing the type of donations requested, date and time 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. Market
participants wishing to donate may request a receipt from the requesting
organization.
3.11 SILLESTAX
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.
21
HEALTH, SAFETY & CONDUCT
I *s;
r
This m6n desadw staiulmdr for lxdll, sf6 andpafe0'ional wiu&t e psted of all nlalht
pnnfitpurla Vmla/mnrof dyzstalu&udrms.retfotfGvi rafion7Alcokrtllmla/aupg>"36
4.7 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
confirm a selling space for the following week. Repeated absences. 'cpa rdless of the
cause whether notification was provide(]. may result in srirpensrar from the following
market.
4AA Prepared Food Absences
Predated and ngckigd food venclors qie allowed three excused sbsences pct vesr for
anv mason indudinv but not li mited ro: weather conditions vacations, illness staffinr
etc. Market fees will be waived Eor ex d sbsences Beyond these sbsences
Pre Prepqi cd and Packagucl food vendors wilt be mgnired to oav market fees reyntdlcss of
the reason for absence.
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 anhnals and anhnals kept within the cab of A
market participant's vehicle, no animals are allowed at SATFMs.
4.3 CLEANINGSTALLSPACE
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
23
HEALTH, SAFETY 8 CONDUCT
pavement from drips from any part of a market participant's vehicle and /or from food
prepared of sold in the stall space. Public trash receptacles may not lie used for
disposal of excess produce, sampling peels or boxes. Market participants arc
responsible comply with the City's Resource, Recovery and Recycling (123) programs.
At the downtown farmers markets market participants must:
• Bag and place all recyclables and compost (produce waste, overripe or leftover
produce, boxes etc.)
• Dispose of waste water (from sampling set up or floNver 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].
• Compostable items such as cardboard and produce shall be separately bagged
for pick up by 113 personnel.
• Recyclable materials (cans, bottles, metal) must be kept separate from compost
Cleaning Violation
tldaketpa7irrpants who do not dean
theo-stall spare to niaket standads
may be sab edto eialatiau aid fines.
See serfron 7 Alaiket Violations
page 36.
At die Saturday Pico and Sunday Main Street markets a designated trash
disposal receptacle is provided for waste, or the market participant may
take it home. Market participants are not permitted to dispose of
produce waste, overripe or leftover produce or boxes in any receptacle
not specifically designed for that purpose. Produce and compostable
waste shall be placed in appropriate receptacles.
as
Certified producers may sell to chefs, schools, produce companies and
market basket programs provided that the seller issues a detailed
"memorandum" listing Identity, Responsibility and Qaanlity (IRO) of all products sold.
'11nis ensures produce sold or consumed by an entity other than the purchaser can be
traced back to the certified producer. Commercial resale market customers must
comply with pertinent labeling and packaging requirements.
Assembly Bill 2168 stipulates that commercial resale of produce may tike place at a
CFM 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 IRQ.
HEALTH, SAFETY & CONDUCT
4.5 CGUR MUSCONWCT
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
Alarket hiolwioN Schedule A which is grounds for immediate dismissal from the market
with reinstatement of selling privileges contingent upon a hearing (Section 7.4).
4.6 CUSiOMERADVISOWES
Market participants may refrain from or limit
sampling or sales of product to any customer.
Clear signage with lettering at least two undies
high stating the market participants' policy shall be
posted at the stall.
Complaints
CoN01-1111 fanny are aoailahle at
themaket. S11IFillsmauagement
,sill ty to respond to cusianer
mmplaints,sith ken weeks of
,rreipt.
4.7 DECEPTWEPAM
Quality of Product Pre- packed items must clearly indicate the representative size and
Santa I lomea Fanuelsdlmkels are dedicated to quality of all items in the container offered for sale.
offe,ng the Lest dualitypmdaee. -
4Z FIRE
Market participants shall comply with all City Fire Code and
Regulations
4.9 HANDWASHING
Market participants must wash their hands before returning to work from a food or
restroom break.
4.10 HEALTH
The activities at a CFM are covered by County Health Code as contained in die
California Retail Food Code SMFMs are considered a "Nonpermanent Food Facility"
under California Retail Food Code and operate under a Public Healdn Operating
Permit. I3ealdh Code compliance at a CFM includes, but is not ]united to the
following:
1. All food shall be stored at least six inches off die ground or as otherwise
approved.
2. No animals other than service animals are permitted within twenty feet of
any temporary food facility or certified farmers market.
3. Prepackaged food sold directly to the customer must be prepared and
packaged at an approved food facility. Prepackaged food must be dearly
labeled with the following information
26
HEALTH, SAFETY & CONDUCT
• Name of the item
• Wright of volume of die package
• Ingredient list -
• Name and location of the manufacturer.
4. No home processed foods shall be sold at SM FSs including food prepared
under AB 1616 the Cottage Food Lam. All food products prepared for
resale at SMFMs must be prepared in a Health Department licensed
commercial kitchen, and a copy of the facility's health permit must be kept
at the seller's stand.
5. Food preparation is prohibited at certified farmers' markets with the
exception of food samples. Distribution of food samples mayaheprovidcd - Deleted: occur
, f the Vendor follows the California Retail Food Code and section 4.17 of
Delete
the Rules. — —
----------- ---____ : -� d follow
6. Cut melons and sprouts must be kept on ice. Dairy products must be
maintained at 45o.
Z Processed products such as dried fruits and salad mix must be covered or
clearly marked with a sign stating "wash before consuming"
411 MINIMUM GRADE REQUIREMEWS
Commodities brought to market or offered for sale are subject to inspection at any
time by a ShIFAI management or authorized person. Produce must meet minimum
grade requirements, and roust 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
"calls ", "overripe ", "taming grade" and priced accordingly. Any product not meeting
USDA minimum quafity standards may not be sold it an), price at SATFAIs.
Produce offered for sale in containers or packs must not exceed California Department
of Food and Agriculture (CDFA) tolerance for spoilage and waste.
442 NOME DIMMANCEORINiRISION
Radios and music shall not be played during market hour. No fond hawking or
shouting to promote products is allowed. Any disruptive action, including rough
housing or throwing of items, is prohibited. No bicycling, skateboarding, roller
skating, or riding of scooters is permitted in SMFMs.
HEALTH, SAFETY & CONDUCT
413 NOMWARKEI RELAT®A071VITIES
Sales, marketing or advertising of products not otherwise listed on the producers CPC
of Selling Agreement is strictly prohibited while operating at the market Market bags
may be given away with a minimum purchase with prior approval from SMFMs
management Market participants may advertise events they are busting which are
open to the public. Market participants shall not market, advertise or display
infomhation for events of causes not related to the SALUMs.
EA E. ll93dhCe
When possible, market participants will be provided vehicle parking at their stall space
When space is not available, market participants must park off site in designated off -
site market participant parking. Market participants and their ewfilgees shall not park
vehicles or trailers in lots or at meters adjacent to the Saturday Pico Market or the
Sunday Main Street Market. Upon dosing, market participant vehicles must be moved
to accommodate market clean tip. Market participants may not leave vehicles parked
on the Sunday Main Street or Saturday Pico market sites after the close of the market
IM5 PREVENTION OFHARRASSMENT IN THEWOR1a 'LACE
Market participants must comply with the California Department of Pair 1Smployment
and Housing. Guidelines on the Prevention of Harassment in the Workplace.
416 PUNCTUALITY
Market participants are expected to active on time To ensure safety, market
participants arriving late must be escorted into the marlket by authorized personnel or
may be asked to leave their vehicle outside the market boundaries mid walk their
product into the market
GXINI'Tliy]701M
Distribution of food samples may occur under the following sampling setup and
procedures.
4.17.1 Sampling Setup
3. Five (5) gallon hot water container with downward - facing continuous flow
spout (for hands and produce washing) with five (5) gallons of 100° water.
4. Non - absorbent cutting board
5. A knife used exclusively for sampling
6. 1% chlorine solution for sanitizing the cutting knife —100 ppm (1 /2 oz.
per gallon) for four hours. Litmus strips are available from market
management to test for concentration
7. Liquid pump soap dispenser (bar soap is not acceptable)
27
HEALTH, SAFETY S CDNDUCT
S. Single use (paper) towels
9. Cover (sneeze guard) for cut samples
10. Single -serve toothpick dispenser or tongs for handing out samples
11. 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 most 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.
S. Portioning, for example selling half of a watermelon or portions of a large
squash shall comply with section 4.93 and 4 of this document.
418 SIDE-SELLING AND DEUVERY
Market participants are pmlilbited from selling and /or distributing products at SMFMS
which have not been previously approved by market management.
4.19 SMOIONG
Smoking is prohibited at SMFMs. The City prohibits smoking within 20 feet of all
entrances, exits and open windows of buildings open to the public. Violations are
subject to Imes 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 stall.
420 SUBSfANCEUSE
Consumption of alcoholic beverages or any controlled substance while at the market is
prohibited and is a schedule A violation, which is grounds for immediate dismissal
from the market with reinstatement of selling privileges contingent upon a hearing.
421 OVERRIPE.
If produce is overripe and must be consumed the same day, the customer must be
informed in advance of the sale of the product
28
SETUP & DISPLAY
i/ �� 1j
Thirratioudi�nu�er> allretupandbrr�, �dolvntunerla�nutatrd /alzlugmrdrli�y�rquuwnentc Itir
ilwgaalof tIxSME'1YLr7olaa�ea rafeandau //xliin(l�rplearbzgnra��t.
5.1 STALLLAYOUi
1. Displays including shade overhang and signs shall not extend into the Nvalkway
or fire lanes. No boxes or produce displays may extend into the common
customer traffic areas.
2. Directional signs are permissible to guide and direct Directional signs shall
not impede pedestrian circulation or safety.
3. Market participants who display product on a side table must allow at least 24
inches of unobstructed side aisle.
4. Tables and other display fixtures must be sturdy and not overloaded to a point
where they are unstable.
5. All shades and shelters must be securely fastened. Windy conditions may
necessitate canopies being removed.
6. Market participants whose stalls are not set up to standard shall be asked to
discontume sales until set up is corrected.
52 WMHTSANDMEASURES
When any product is sold by weight, the scale used must be approved, tested and
scaled by the County Agricultural Commissioner, Sealer of 'Weights and Measures.
Every scale in use at SlAFNIs must be sealed annually and display a current seal. Sellers
are not permitted to use scales with expired seals. Scales shall be set up so that the
display is easily readable by customers.
5.3 LASEUNG & DISPLAY
Market participants are encouraged to create attractive displays.
29
SETUP & DISPLAY
5.3.1 Closed or sealed containers
Closed and sealed containers must be properly labeled with the identity, responsibility
and quantity (IRQ.
5.3.1.1 Certified and Non - Certifiable Agricultural Products
1. Identity: Contents (if product is not readily identifiable),
2. Responsibility: Name, address slid zip code of the certified producer or
producer.
3. Quantity: Weight and grade (where applicable),
4. If the package contains six items or less and items are visible and sold by
count, a quantity statement is not required.
5.3.1.2 Pre - packaged and Non - Certifiable Processed
Agricultural Products.
FOOD prepackaged in a FOOD FACR.PIY 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, \- hn'king 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
1.
2.
3.
The common name of the food, or absent a
common 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 die FOOD.
An accurate declaration of the quantity of contents
4. The name and place of business of the manufacturer, packer, or
distributor.
5.3.2 Prices
Prices must be dearly posted and legible. Collusion among market participants to set
price or exertion of my influence, pressure, or persuasion to cause a producer to set
price is forbidden by state laws.
30
SETUP & DISPLAY
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 die following documents, where applicable, shall be conspicuously
posted at the point of salc
1. Farm or business name. Signs must be legible with lettering at least 3
inches tall.
2. Embossed current Certified Producer's Certificate (CPC) which must fist
"Los Angeles" as an Authorized County. 1392.4 d
3. Employment Agreement.
4. 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.
5. When an organic grower is also selling non- organic produce at the same
stand, dhe non- orgu9c produce must be physically separated from the
organic produce and clearly labeled "non- organic" in letters at least 2 "
high.
6. All applicable Health permits.
7. All applicable exemption permits.
8. Other signs required by S1AFMs management such as "WIG ",
"F F /CalEreslr" Accepted here" or market management issued
marketing posters and flyers.
9. Prices must be clearly posted.
10. Produce varieties shall be posted.
5.3.5 Growing Practices Disclosure
Farming practices must be fully and truthfully disclosed. Refer to section 2.2.8 for
growing practices disclosure documentation requirements.
31
SETUP & DISPLAY
5.3.5.1 No spray
The term "No spray" is not allowed at the SAfPMs 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 pardeipants shall comply with the City sustainability programs and initiatives
which include, but arc not limited to the Zero Waste program, the Singlo-Use Carryout
Bag Ban and the Expanded Polystyrene Ban. Market participants are also required to
comply with additional sustahrability programs which may be initiated by SXfnls.
SA SETUP &BREAKDOWN TIMES
SMPN[s hours are as stipulated by each market No market participant may sell prior
to market opening or after the market is closed. SAIPMs management may open or
dose the market early if extreme threatening or inclement weather conditions exist of
on certain holidays.
32
AUDIT PROGRAM
5, ,l , m �
SA�Il [11r ale karmvri forizgG qua!rGy caul mugaepratl�tr�c "Io enznr t1� urtc�ndy of SA�Il �[�1rlr anc!
pioductamlrl, llxfol/oamigmrrrpirlrrrri em4tpirguvnr itiA(kr dal ralerauddraiulfaim mA
M STALLSALLESAUMS
Stall sales audits are 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(s) is /are stationed in die stall to record sales transactions and report total
sales at the end of the day to SATAIs management. Market participants who are being
audited are expected to accommodate and cooperate auditors and to announce each
sales transaction in a clear and audible manner so all sales can be accurately recorded.
Audit procedures are detailed in the Fan as Almket Aocedwal Guide (available upon
request).
Penalties for discrepancies in sales reporting are outlined in Section 7 Market
Violations.
6,2 FARMAUDITS
Farm Audits are conducted by SMFMs management to verify, that the products being
sold at SAfFbks 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
within 24 hours of the market audit and documents production, storage
and growing practices at the farm.
'- CnG(omin Code of Regulxrims, Axucle 6.5 Dimct M1ln�keting, Section 1392 - 1392:1.
33
AUDIT PROGRAM
1. 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 Pane Audits based on, but not
Initial to the following circumstances:
2. When a certified producer or producer fast applies to the SAIFNfs.
3. Wien information is received requiring field verification.
4. As part of the normal audit cycle
6.3 MYSTERYSHOPPER
SNIFMs management may utilize mystery shoppers to verify accuracy and integrity in
all sales transactions.
6.4 AUDff PROGRAM PARTWIPAiiON
Ahrrket participants, shall cooperate requests by with SMPhf Management for stall sales
omits or from visits by SMPMs management or authorized person. Refusing to comply
wide 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 bearing.
Market participants are responsible for keeping market management apprised of
content address and phone numbers.
34
MARKET VIOLATIONS
SautaA7aura FteivioxAlm?�r/ sfoll ofvaitVvaudfo-akepuatfviallmatl ispfMwg1blebAq
aiulvrw.rlig&i market rola&m.
The SMFbls management and any other agents assigned to do so may issue warnings,
fines, and suspensions, remove a mother participant from any market, or have selling
privileges at SI\,H,'Ms curtailed 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 including eajirddon at all Sl\- IFn4s. 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 and expulsion from the market.
Violation
7.tA
Producers selling product not of their ovm Production
7.2A
Physical violence or threatening behavior to anyone
7.3A
Rude, abusive, insulting, dismpd c or tho,or ing language
7.4A
Under the influence of dings or alcohol
7.5A
Refusal to participate in the stall or farm audit programs
KE
MARKET VIOLATIONS
Table 2: Market Violations - Schedule B
Violations listed in Schedule B will be documented in the market participants file and remain effective for 12
months.
Violation
I" Offense
2'" Offense
3b Offense
Non - compliance with
Out reprimand immediate
vauon
\Vrittea notice of rzd
rJ dap suspenscon all_ _
].1B
bealhealth department
corcecvve action
wnhypnnmdinte correcnce
_ ___ - - -
- -
regulations
tai «� - - - - -
- - - - - - - - -
Z2B
not
Ornl reprimand coon tc
vvduea apace of vinlatioa
tvi�jmmedmm co_cccvcc
IdnpFuspensio_n from ally
listrdgproduct
listed on CPC
coaccnce action
_
--- -- Str -- \
-- -
7.3B
Scllingproduct not in
Onl repnmand immedate
\Ckiitcn notice of vioUtion
,vnh nvncdinm c_orcc_cucc
l dsycspea,um fmmsa
t
selling agreement
ecurective action
_
d sctioi ti
_ _ _ _ _ _ _
I
___,t s
----
False Organic
Oml reprimand immediate
write. notice of,e,h, .a
t
1 dayomspenston from all
7.41
Marketing
correcnre action)
miihjmmcdlnm correcme -
_ tt
- - - -
saio i_____
___________mil tt
Culls, poor quality,
Oml cepriniand immediate
\C�dtten notice of viohuon
l da;,,a,pens_on from allt t�
].$B
ovevipe
corcecvve action.
reO'L"ue, o1c c «recuvc
i- -
- ---- t t
ctia
s n`____
-- - - �htt
7.6B
Stall Sales Audit
lliarm avc of 20%
P y
Oral mind immediate
r`I'r� -
$ign fine
th't t
tght
$500 hue ry y
t
evemgcd over 3 mouths
m�rccucc nc6on,
tlt it
t t
Any combination of four (4) Schedule B violations in a 12 month period shall be cause for a 3 month suspension from SMFbfg�t t
,vol, reinsnttecvent of selling privileges contingent upon apace available
t
37
Deleted: 3 month
Deleted: Oral reprimand
Deleted: 1 day suspension front
the same SAIFM the following week
Deleted: 3 month _
Deleted: Oral reprimand
Deleted: 1 day suspension from
the same SMFhI the following week
Deleted: 3 month
Deleted: Ord reprimand
Deleted: 1 day suspension from
the same S1MF&I the following week
it Deleted: 3 month
ItDeleted: Oral reprimand
It —
CtDeleted: I day suspension from
he came SMF1\f the following week
Deleted: 3 month
fDeleted: Ord reprimand
Deleted: 1 day suspension from
the same SAIFtl4 the following meek
MARKET VIOLATIONS
Table 3: Market Violations - Schedule C
Violations listed in Schedule C will be documented in the market participants file and remain effective for 12
months.
Violation
911 Offense
2" Offense
3° Offense
fh Offense
V6 Offense
-re
misl.«ete
fileW,itten
I dny suspension
I day suspension
No show itmm t
Oml repamand
�osme
;; tail
nonce of
from the snme
from all ShIFDIs
7.1C
u
telephoning prior
aid, note to file
"id"efe to
ciolation with
SMFNf the
the follommg
to marketstarea
sW trn'i.ha..
— —
— pxnPoscdorm °--
fopomagtmdt—
--- week- --
dsysuspcnsun
uaming
nnimt
%A-retumun d
fi.in H ra. ,
"ithame e. _
gplpg! are
1 day suspension
Arriving after
Oral reprimand
Ordlestomiaral
k
from rite mnrket
72C
market start rime!
"roamm file
with neto file
ot
V"inen mwce of
sll gfNhh the
vlolntioa and
Notice of
following meek
orreceoa plan
proposed one
dny suspension
Sales suspended
Sales suspended
Sates suspended
Sales suspended
Sales suspended
until setup is
7.3C
Central stall set up
until set up is
until set up is
until set up is
until set up is
r"meewzming
nsafe
mme';wmten
ofoaeday.
correct
roacct
correct
limning
ten
oaeaion plea
Failure to submit
load list
Orel reprimand
pomnn
fuma'" I
Oval reeprimand
,uha to ofd
trod Amnarad-nihe
-
reprimand
Oral.."tonad
mith note to fit,;
aiHr� -:.e
pmncewi
Coro I' '[h
7AC
en1cfead—Ix, toad
slmos ull bearcep¢d eta
.I
widt nom ro file
w @6 sore w GIC
ari[m't
C t 1- Th
oitpnncew�
f ror� a. aehy
correnion pinn
r .... edon plvn
o�recrioa plan
-nln 34 Lonrs
azc L—
aHn tlm marAe�.
ors",
written nonce of
Failure to Clean
viol tion.y`I
7.SC
stall space or
Onl reprimand
Oral reprimand
I _
nwate"d"to
_ _ _ _ _ _
SU
_ _
1—
lea�dng trash
'enh nom to file
with note to file
_ _
tonfeet on of
_ _ _ _o
_ _p _ _
behind
proposed fine
Any sk., (6) Schedule C violations in a 12 month period shall be cause for shall be cause for a one (1) month suspension
from SM Ms with reinstatement of selling privlelse contingent upon space available.
I Rmecgency esceptime if vendors miss a mnrket due to an emergency, a 48 hour grace period mill be
granted. Hom ever, sellers must comactthe Santa Monica Famme, Warket via emad or voicemad within dR
hours of the market start time to avoid a violation and ensnm dteir space for the following mnrket.
38
— Deleted: ble
Deleted: Oral reprimand
Deleted: file
ttt Deleted: Oral reprimand with
t note to file
Deleted: Oral reprimand with
note to file
MARKET VIOLATIONS
Table 4: Payment Violations
°69 [gays - -
pasf due 69,,0ays_(2ag offence)
-
Vioi Fon - --
From date of a From date ofinvoice
on
oito
89 pays 3r offence)
From date of invoice ti
7.1 ENFORCMEMPAND DUE PROCESS
Market management shall provide reasonable due process to all market participants
relating to the imposition of a fine, suspension, dismissal or expulsion from the
SMFMs.
Due to the serious nature of the violations listed in Schedule A, any such violations are
grounds for immediate dismissal from the market The Farmers Market Supervisor
may impose reasonable conditions on any dismissed market participant, to ensure that
the violation is not repeated, before authorizing any such dismissed market participant
to return to the market The Farmers Market Supervisor shall communicate the
required conditions and the reasons for such conditions in writing to the market
participant within five days after the dismissal. If no such conditions are imposed
within this five -day period, the market participant shall have die right to resume
operations at all SNIFMs.
Deleted: 39 -60
Deleted: -90
je eted -. Is'
_
Deleted: -90
1+ Deleted: 2- -
Deleted:'t
Deleted: Days
Deleted: Suspension from all
markets until balance is aid in full,
' including current month's balance.
Deleted: Thereafter, requiron ed to
+ pay stall fees at the compleg of
each market day attended fox six
1'1 months.
1
Deletes iog,
n as a Maroc
' d: aparticipant
[Deleted: Written notice
Any conditions imposed Wray, be appealed by the market participant pursuant to
section 7.4 (APPEALS AND ADMINISTRATIVE, IIEARING) of -these Rules._ Deleted: APPEALS AND
During the appeal process the conditions imposed by the Farmer's 113arket Supervisor ADMINISTRATIVE HEARING
shall remain in full force and effect Thus, the market participant may not return to any -
SbIFM without fast complying with the required conditions.
39
ouspclsn'r lmm
nIl markcle o,AI
Suq>enslon from all m1 k t vndi
e
Snspcnsion horn as markets until
'��1
y'm
Failure to pay stall
fees on time
bi hnce a
Inhnce rs brovgbt amr ithin g)
bxlxnce s pvd in fin 11, including
c mlent month's balance Thereafter,
u
1
brought cuaent
dn}'ie
.
nlm d to stall feesweeld3.. °
1
w ithh, } 0 da3'se_
-- _
�__ ___---- __
__________ _________
Check returned due to
$25.00 returned check fm For Pbccurrence, $35.00 for nli subsequent ocrn«ences. All huure fees
111
7 2D
insufficient funds
must paid is certified check or money order
iul
111•
Pu11me
'1 t
7.3D
to comply with
°nspenvon fmm ali markets nvtll account is bmught current
�t 1
weekly payment plan
11
7.1 ENFORCMEMPAND DUE PROCESS
Market management shall provide reasonable due process to all market participants
relating to the imposition of a fine, suspension, dismissal or expulsion from the
SMFMs.
Due to the serious nature of the violations listed in Schedule A, any such violations are
grounds for immediate dismissal from the market The Farmers Market Supervisor
may impose reasonable conditions on any dismissed market participant, to ensure that
the violation is not repeated, before authorizing any such dismissed market participant
to return to the market The Farmers Market Supervisor shall communicate the
required conditions and the reasons for such conditions in writing to the market
participant within five days after the dismissal. If no such conditions are imposed
within this five -day period, the market participant shall have die right to resume
operations at all SNIFMs.
Deleted: 39 -60
Deleted: -90
je eted -. Is'
_
Deleted: -90
1+ Deleted: 2- -
Deleted:'t
Deleted: Days
Deleted: Suspension from all
markets until balance is aid in full,
' including current month's balance.
Deleted: Thereafter, requiron ed to
+ pay stall fees at the compleg of
each market day attended fox six
1'1 months.
1
Deletes iog,
n as a Maroc
' d: aparticipant
[Deleted: Written notice
Any conditions imposed Wray, be appealed by the market participant pursuant to
section 7.4 (APPEALS AND ADMINISTRATIVE, IIEARING) of -these Rules._ Deleted: APPEALS AND
During the appeal process the conditions imposed by the Farmer's 113arket Supervisor ADMINISTRATIVE HEARING
shall remain in full force and effect Thus, the market participant may not return to any -
SbIFM without fast complying with the required conditions.
39
MARKET VIOLATIONS
73 FINE%SUSPENSlONSAND EKPUL590NS
Market participants shall receive a written Notice of Proposed Action if the proposed
enforcement action includes a suspension longer than one (1 day, any fine or expulsion
from the ShFMs. The enforcement actions proposed in the Notice are not effective
until finalized as authorized by these rules.
The Notice shall:
• State the specific reason(s) for the action.
• Be delivered in person or mailed, faxed, sent by Certified Mail or e- mailed
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 market participant of the written appeal process of the action.
7.3.1 Office conference
Any market participant may request an Office Conference with the Farmer's
blarlket Supervisor to review a Notice of Proposed t \ction. Any such request must
be made within five days after the issuance of the Notice of Proposed Action.
The Office Conference would be an informal opportunity for the market
participant to present evidence and argument as to why the proposed action
should not be finalized . _ _ _ _ _ _ _ _ _ _ _ _ _ - - Deleted: funded
7.3.2 Final Farmer's Market Enforcement Action
The Farmer's Market Supervisor shall issue his /her decision C'Final Enforcement
Action ") within five days after the conclusion of the Office Conference, or, if no
Office Conference was timely requested, within ten days after the issuance of the
Notice of Proposed Action. This Final Enforcement Action is effective on the
date of issuance In the case of an expulsion, the Final Enforcement Action shall
remain in full force and effect during the pendency of the appellate process.
7A APM"ANDADMINISiRATIVEREAPoNOS
Any Final Enforcement Action and /or conditions imposed as a result of a
dismissal may be appealed to the City of Santa Monica Farmers Market
Supervisor's Manager. If the Manager is unable to conduct the hearing, the
Housing and Economic Development Director shall appoint a hearing officer.
The appellant has the burden of proof. In order for the appellant to prevail,
he /she must show, by a preponderance of the evidence, that City staff's decision
under review is not authorized by applicable federal, state or local law, or is
inconsistent with these adopted Rules.
40
MARKET VIOLATIONS
The request for appeal must be submitted in writing within 30 days from the date
stated on the Final Enforcement Action or the imposition of conditions resulting
from a dismissal The Hearing shall be conducted within 30 days of the submission
of the appeal request
At the Administrative Hearing the appellant may present evidence and argument
regarding the reasons stated in the Final Enforcement Action or the imposition of
conditions. Administrative Hearings shall result in a written decision upholding,
reversing of amending the Final 1nforcement Action or the imposition of
conditions. This decision shall be the City's final administrative decision and shall
not be subject to further administrative appeal. The decision shall be issued within
30 days after the conclusion of the Administrative Hearing.
om
GLOSSARY OF TERMS
Vy6f,gasrag of terms rspiowskd to defure teimzr rued 11hugImt thir daarnrentfor ilx npare of
piaruliigdariyaudronru1eru3t Tlxfun mega v yternrsap(r riuTlxIiulz dyrxlllx liar 1
Alarry f t!x defer alts ais taker eedukw (vnr Grorrria Gale of Atlyrakons llrticle 65 Durst
Alm'xxlirg,dw�9u13922Derudmm Tlnedefurtmiuwenrdiwledrr/itl)aii sieiuk
CDFA
California Department of Food and Agriculture.
Certified Agricultural Products*
Agricultural products, which are cercifiedunder the jurisdiction of the county agrimdmoil
issuance relative to inspection and verification of compliance with the provisions of the
BarclaysCalifomia Code of Regulations, Article 65, include fresh f nits, nuts, vegetables, shell
eggs, honey, cut flowers and mushy stock [CURFFL 27512 and CCR 1392.2(k)]
Certified Farmers Market(CFM)*
Alocttun approv ed by the county agricultural commissioner of thin couety where agriculmvl
products are sold by producers or certified producers directly m consumes. A certified
farmers' market may be operated by one or more certified producers, by a nonprofit
oryuni ertme, or by a local government agency, [CCR 1392.2(1)]
Certified Producer (farmer)
A producer authorized by the county agricultural commissioner to sell ecrti fled agrirchuml
products, produced by practice of the agricultural arts upon land which the certified producer
antral, pond that the producer or certified producer firms and owns, rents, leases o
shuscrops), directly to consumers at a certified feurerimarket. "Certified produce,' does
not mean "Certified 0wow."n[CCR 1392.2(c)]
Certified Producers Certificate ( CPC)*
A certificate issued by the Couny-Agricultural Commission erauthorizing the transportation
and sale of certified agneultual products. CPC, fist all products grrnvn by a certified producer
as well as the growing location and acreage, projected yieldcand harvest seasons. [CCR
13922(p]
Consumer*
(t) Acustomer who is an end user
(2) individuals, organizations, or entities that subsequently sell the produce dlrecdy to end
ul 11
(3) individuals, organizations, or entities that distributed We produce directly to end users at
no cast to those end uses.
Direct Marketing Regulations
Crlfomia Administrative Code, Title 3, Chapter 3, Group d, Article 6.5.
Dismissal
During a market, a market participant who is dismissed shalt pack up his /her goods and
immediately leave the market premises. The Farmers Market Supro son nnay ."Pose
nnble conditions on the dismissed market participant, m ensure that the violation is not
repeated, before authorizing any melt dismissed market participant to return to the market.
Electronic Balance Trausfer (EBT)
EBT cards are plastic debit cards used for food stamp benefits, makung the issuance of state
public assistance and fedeal food stamp lam ba faster and easier through the use of
electronic tmnsncfioas. To participate in the L'B'1' progam, farmers' markets are mqulred to
use a trip system. At the ShIFAls Scrip is a currency, in the focus wooden tokens designed by
the 61V[FAls namein denominations oF$7.00. Clicntscanuse Weir EB'Pcard to pumkase
trip from the market at a vernal location and Wen use the scrip to purchase eligible Food '.
items from farmers at the market. At the end of the day, farmers am erimbuesed by the market ''..
for the amount of scrip they received.
GLOSSARY OF TERMS
Employee*
Any person employed by a certified producer at a regdnr salary or wageq on either a full or
part time basis It does not induden person mho is reselling or whose compensation is
primarily based on a commission of sales. [CCR 1392.26)]
Expulsion
Market participants, who are capclied, are prohibited from selling at SNIFNts permanently
Immediate Family
Puents, chAdreq grandparents, gruidchildren of the certified producer or a family member
regularly residuhg in the certified producer's household fCCR 1392.2 (A]
Identity, Responsibility and Quantity
I. A declaration ofidentity that is the common or usual name ofthe commodity .
(IRQ)
2. A declaration of msponsbllity that includes the mine, address, and zip code of the
producer.
3. A declaration of die qua dity of the commodity
Load Sheet
Form used by finewe' market participants to report market sales.
Mnnugenieut
Any represcntadvc of the City of Smm� Monica nuthodzed m enforce these rnlcs
hfarket P.nicipant(s)
'Perm used to refer to producers and viral... together
Non - certifiable Agdeultuml 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 masted nuts,
fish and seafo od, poultry and poultry products, livestock and Investock products and dairy.
[CURFFL 29512 and CCR 1392.2 fip)j
Non - certifiable Processed Agricultural
Processed food products where the primary my edient(s) are grown by a Certified producer
Product
butwhere the finished product is not cc.ir blc by the County Agricultural Commissioner due
to the addition of ingredients not produced by die Certified producer.
Partnership
A separate entity distinct from its individual members.
Prepared Food
Food for consumption prepared at die site where it is being sold
Pre - packaged Food
Food for consumption prepared and packaged in a certified kinchen and ten brought to the
site where it will be sold.
Producer
A person or entity who produces agricultural products by practices of die agricultural arts
upon land which the person or entity controls (CCR 1392.2 (d)]
Request for Proposal (RFP)
Applicator form used to apply for Nca,scaified stall space.
Request for Qualification(RFQ)
Application form used for entertainment to illustrate experience andespress morr,t.
Second Certificate
A CPC may include die name of a second Pammenvho has permitted the first farmer, to sell the
second farmers' produce. The CPCs mdl lines both farmers; names and addresses listed on
diem permitting this business mi tionship.
SMFM(s)
Santa Monica Certified Farmers Market(s)
Farmers' Market Nutdto. Program for
Established by Congress in 199? and administered by the Cxhfornia Depart mini fHealth,
\Game. Infants and Children
the F➢INP provides coupons fur\GlC participants whichcan be used to purchase avariety of
(FMNP /WIC)
fiesh fruits and vegetables at Certified Famws'hiarket,maprovided in the)VIC food
package and allorva participants m purchase these foods.
Senior Farmers' Market Nutrition
The SFbINP is administered by tlm California Department of A 'n and porvidis coupon, to
GLOSSARY OF TERMS
Program (SFMNP)
low-income seniors that can he used to purchase fresh fruits, vegetables and herbs at certified
fanners market during May through November. Small fimily farmce, that sell produce m
cerified tauter, markets recri a all ensh from the program.
Suspension
A defined period of time ahem Market Participmts am prohibited from selling at one, many
.call 5Mllfs.
Vendor
Any market panieipmt in the market selling Nom certified products including retail, prepared
foils, or processed food. -- -
MARKET HOURS AND DAYS
Mcu{etivuisandd�Umz bjelodanffundertlxmleauxl ,tyaud(bnetioetfI&CAkinaffl.
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 -lpm
Opened: May 8, 1991
Virginia Avenue Park Farmers Market
Comer of Pico Blvd. and Cloverficld Avenue
Sam - 1pm
Opened: btarch 14,1992
Main Street Farmers Market
2640 Alain Street at Ocean Pads Blvd.
9:30am -1pin
Opened: January 15, 1995
RATES AND FEES
Belo)npkamfiidllxS,A41[Msdxduleof raterandfzrfoi -wi usanar'?tp7i& a)t Fe a�z jetmaa� atwlGyma»ct
manadrment. Uearloiaaie )zfpo=YetofzzyfiesarW, lrloi yfora) gsaleraclinry tl ztta lwplaadmugtlrmailetduyoipgifar
tlximf.
Vendor Type
Rate Charged
Certified Producers
4.5 % of gross safes paid to the SMFMS +$.60 legislative fee
Producers
4.6 % of gross sales paid to the SMFMS +$,60 legislative fee
Prepared and processed Agricultural
4.6 % of gross sales paid to the SMFMS + $,60 legislative Fee
Non - certified Processed Producers
4.5 % of gross sales paid to the SMFMS + $.60 legislative fee
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
SMFMS
160 for first 10x10, $50 each
dditfonal 10x10 paid to the SMFMS
Featured Restaurant
$126.00 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
Compensation
Entertainment (bands, crafts, etc.)
Customertips
r Fees for prepared and packaged food Bend.,, attending the Saturday Pico Famters Market are reduced by $35.00.
5 Fees for prepared and packaged fond eendors attending the Saturday Pico Farmers Market are reduced by $35.00.
NURSERY STOCK
Tojelluuueg rtakat11 xSantaAI& 6a$ imwTblwk& xitifiedpiv( hwamtad /xiefi7/xf11w)hgrtevidmdc
1. 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 be 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�ascxual (crifings, 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, mot, 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 hill root growth in the transplanted
container.
iv. Prepare plant varictals (potted arrangements of mixed plants) using only growers
own certified plants (refer to 3bI, II and /or 11I).
v. All certifiable plants must be labeled with at least the common name and
preferable common and botanical name.
Reference Contract No.
9388 (CCS)