SR 11-27-2018 3E
City Council
Report
City Council Meeting: November 27, 2018
Agenda Item: 3.E
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To: Mayor and City Council
From: Andy Agle, Director, Housing and Economic Development, Economic
Development Division
Subject: Farmers Market Rules, Regulations and Policy Guide Update
Recommended Action
Staff recommends that the City Council approve amendments to the Farmers Market
Rules, Regulations, and Policy Guide to streamline and clarify policies and procedures.
Summary
The City of Santa Monica was a pioneer in supporting certified farmers markets going
back nearly 40 years and now operates three world-renowned farmers markets focused
on providing nutrition, sustainably farmed and locally grown produce and foods. The
Farmers Markets Rules, Regulations, and Policy Guide (“Rules”) provide the structure
of governance and operations, inform participants of their responsibilities, and outline
the enforcement procedures and penalties for violations of the Rules. Last amended in
2013, staff recommends updates to the Rules to streamline the document, clarify the
procedures for administering penalties for violations of the Rules, and simplify the
application process for prospective prepared food vendors to encourage a wider range
of applicants.
Discussion
Since the Rules were first approved by Council on November 10, 2009, they have been
amended three times to revise procedures, clarify language, and recognize new
programs and processes, as indicated in the Past Council Actions chart below. The
proposed amendments address recent changes in State law and regulations related to
certified farmers’ markets, including California Assembly Bill 1871, enacted in 2015,
which contains statutory provisions regarding vendor fees and penalties for false,
deceptive, or misleading marketing.
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The prepared food recruitment and selection process contains complex evaluation
criteria that may reduce interest from high-quality food businesses. The proposed
amendments to the prepared food selection process would simplify the proposal and
selection criteria, similar to the Council’s adopted Santa Monica Pier vending cart
request for proposal (RFP) selection process, while upholding and maintaining high
standards for product mix, value, and sustainable sourcing and business practices, as
well as ensuring a scoring preference for businesses located in Santa Monica. The
proposed amended Rules are incorporated in Attachment D and would supersede the
current Rules. The amended Rules would be effective upon approval by Council.
Attachment E provides the current Rules with the proposed amendments redlined for
reference.
Past Council Actions
Meeting Date Description
05/25/2010
(attachment A)
A revised section 2.3 of the Rules pertaining to the selection
and participation of prepared food vendors was adopted
03/20/2012
(attachment B)
Two amendments were approved to 1) clarify language
regarding violations and due process, penalties, and
appeals in Schedule A violations and 2) waive past due
business license taxes and penalties, since farmers had
never been required to obtain a business license prior to
July 1, 2010
6/11/2013
(attachment C)
Updates to the prepared food contract and attendance
terms, a modified vendor payment and account delinquency
policy, and the establishment of a musical entertainment
selection process for the Saturday Pico Farmers Market
were approved
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
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Prepared By: Laura Avery, Farmers Market Supervisor
Approved
Forwarded to Council
Attachments:
A. Attachment A - Santa Monica Farmers Market Rules 2010
B. Attachment B - Santa Monica Farmers Market Rules 2012
C. Attachment C - Santa Monica Farmers Market Rules 2013
D. Attachment D - Santa Monica Farmers Market Rules 2018
E. Attachment E - SMFMs Rules 2018 Redline
CITY OF SANTA MONICA
Farmers Markets
Rules, Regulations and
Policy Guide
Approved May 25, 2010
FARMERS MAREKTS
Rules, Regulations and Policy Guide
1901 Main Street, Suite F
Santa Monica, CA 90405
Phone 310.458.8712 ~ Fax 310.391.9996
www.farmersmarket.smgov.net
farmersmarket@smgov.net
Table of Contents
1 AUTHORITY TO OPERATE ................................................................................................................... 1
2 PARTICIPATION ........................................................................................................................................ 3
2.1 SMFMS ORGANIZATION AND LAYOUT ............................................................... 3
2.2 CERTIFIED AGRICULTURAL SECTION ................................................................. 4
2.2.1 Required Documentation ..................................................................... 4
2.2.2 Selection Criteria: Certified Producers .............................................. 4
2.2.3 Additional Selection Criteria: Meat, Poultry and Dairy .................. 6
2.2.4 Additional Selection Criteria: Nursery Stock ................................... 6
2.2.5 Additional Selection Criteria: Producers of Fish and Shellfish ..... 6
2.2.6 Second Certificate .................................................................................. 7
2.2.7 Partnerships ............................................................................................. 8
2.2.8 Growing Practices .................................................................................. 8
2.2.9 Organic Products ................................................................................... 8
2.2.10 “No Chemical” “Pesticide Free” labeling ......................................... 9
2.3 NON-CERTIFIED SECTION ......................................................................................... 9
2.3.1 Non-certifiable Processed Agricultural Products ............................. 9
2.3.2 Prepared or Pre-Packaged Food ........................................................ 10
2.3.3 Featured Restaurants ........................................................................... 11
2.3.4 Wild Harvested and Foraged Agricultural Products ...................... 12
2.3.5 Sellers of Wild-Caught Fish and Shellfish ........................................ 12
2.3.6 City Departmental Information Table.............................................. 13
T A B L E O F C O N T E N T S
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2.3.7 Farmers Market Management and Information Booths ............... 13
2.3.8 Retail ....................................................................................................... 14
2.3.9 Musical Entertainment ........................................................................ 14
2.3.10 Children’s Activities ............................................................................. 14
2.3.11 Market Sponsored Consumer Education and Outreach ............... 15
2.4 TERMS OF PARTICIPATION ...................................................................................... 15
2.4.1 Certified Producers and Producers ................................................... 15
2.4.2 Vendors .................................................................................................. 15
2.5 HOW IS STALL SPACE ALLOCATED? .................................................................... 16
2.6 “NO ASSIGNMENT” (CHANGE IN OWNERSHIP OF FARM OR
BUSINESS) .......................................................................................................................... 16
2.7 INFORMATION DISCLOSURE STATEMENT ...................................................... 16
2.8 OTHER ACTIVITIES ...................................................................................................... 17
2.8.1 Filming ................................................................................................... 17
2.8.2 Signature Gathering/petitioning/ Leafleting .................................. 17
2.8.3 Product sample distribution ............................................................... 17
3 DOLLARS AND CENTS ......................................................................................................................... 17
3.1 PRICES & MONEY HANDLING ................................................................................ 17
3.1.1 Product Prices ....................................................................................... 17
3.1.2 Money handling .................................................................................... 17
3.1.3 Refunds .................................................................................................. 17
3.2 LOAD SHEETS ................................................................................................................. 17
3.3 RATES AND FEES ........................................................................................................... 18
3.4 BILLING .............................................................................................................................. 18
3.5 PAYMENTS ........................................................................................................................ 18
3.6 DELINQUENT ACCOUNTS ........................................................................................ 18
3.7 RETURNED CHECKS .................................................................................................... 18
3.8 CREDITS ............................................................................................................................. 18
3.8.1 Assistance Program Participation ...................................................... 18
3.9 OTHER COUPONS ......................................................................................................... 19
3.10 DONATIONS ..................................................................................................................... 19
T A B L E O F C O N T E N T S
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3.11 SALES TAX ......................................................................................................................... 19
4 HEALTH, SAFETY & CONDUCT ....................................................................................................... 21
4.1 ABSENCES ......................................................................................................................... 21
4.2 ANIMALS ............................................................................................................................ 21
4.3 CLEANING STALL SPACE........................................................................................... 21
4.4 COMMERCIAL RESALE ................................................................................................ 22
4.5 COURTEOUS CONDUCT ............................................................................................. 22
4.6 CUSTOMER ADVISORIES ........................................................................................... 22
4.7 DECEPTIVE PACK ......................................................................................................... 22
4.8 FIRE ...................................................................................................................................... 22
4.9 HANDWASHING ............................................................................................................. 23
4.10 HEALTH CODE COMPLIANCE ................................................................................ 23
4.11 MINIMUM GRADE REQUIREMENTS .................................................................... 23
4.12 NOISE, DISTURBANCE OR INTRUSION .............................................................. 23
4.13 NON-MARKET RELATED ACTIVITIES ................................................................ 24
4.14 PARKING ............................................................................................................................ 24
4.15 PREVENTION OF HARRASSMENT IN THE WORKPLACE .......................... 24
4.16 PUNCTUALITY ................................................................................................................. 24
4.17 SAMPLING ......................................................................................................................... 24
4.17.1 Sampling Setup ..................................................................................... 24
4.17.2 Sampling Procedures ........................................................................... 25
4.18 SIDE-SELLING AND DELIVERY .............................................................................. 25
4.19 SMOKING........................................................................................................................... 25
4.20 SUBSTANCE USE ............................................................................................................. 25
4.21 UNDER RIPE OVER RIPE ............................................................................................ 25
5 SETUP & DISPLAY ................................................................................................................................... 27
5.1 STALL LAYOUT ............................................................................................................... 27
5.2 WEIGHTS AND MEASURES ....................................................................................... 27
5.3 LABELING & DISPLAY ................................................................................................. 27
5.3.1 Closed or sealed containers ................................................................ 28
5.3.2 Prices ...................................................................................................... 29
5.3.3 Organic Labeling .................................................................................. 29
T A B L E O F C O N T E N T S
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5.3.4 Signs and Posting ................................................................................. 29
5.3.5 Growing Practices Disclosure ............................................................ 30
5.3.6 Sustainability .......................................................................................... 30
5.4 SETUP & BREAKDOWN TIMES ................................................................................ 30
6 AUDIT PROGRAM ................................................................................................................................... 31
6.1 STALL SALES AUDITS ................................................................................................... 31
6.2 FARM AUDITS .................................................................................................................. 31
6.3 MYSTERY SHOPPER ...................................................................................................... 32
6.4 AUDIT PROGRAM PARTICIPATION ...................................................................... 32
7 MARKET VIOLATIONS ......................................................................................................................... 33
7.1 DUE PROCESS .................................................................................................................. 36
7.2 NOTICE OF INTENT TO TAKE ACTION ............................................................. 36
7.3 APPEALS ............................................................................................................................. 36
GLOSSARY OF TERMS .................................................................................................................................... II
ATTACHMENTS
MARKET HOURS AND DAYS ....................................................................................................................... 1
RATES AND FEES .............................................................................................................................................. 2
NURSERY STOCK ............................................................................................................................................... 3
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A Brief History
Stablished July 15, 1981, the Santa Monica Certified Farmers Markets (SMFMs) 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 Certified Farmers’ Markets (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 the Bayside Business District and is
adjacent to the 3rd Street Promenade retail businesses and restaurants. Each week over
8000 home shoppers, chefs and tourists visit the Wednesday Downtown Market in search
of fresh produce and flowers as well as cooking inspiration and community.
Saturday Downtown Market: The Saturday Downtown Market, also known as the
Organic Market, is held every Saturday from 8:30 am – 1:00 pm on Arizona Avenue
at 3rd Street. The Organic Market boasts the largest percentage of certified organic
growers of the City’s four markets. In the heart of the Bayside Business District, the
Organic Market is adjacent the 3rd Street Promenade retail businesses and
restaurants. Each week over 4000 local residents, 3rd Street Promenade patrons and
tourists visit the Organic Market.
Saturday Pico Market: The Saturday Pico Farmers Market is held every Saturday
from 8:00 am to 1:00 pm in Virginia Avenue Park. This market features locally
grown produce and flowers as well as prepared foods and breads. Each week over
3000 customers, primarily from the local neighborhoods, visit the Pico Farmers
Market.
Sunday Main Street Market: The Sunday Main Street Market is held every Sunday
from 9:30 am to 1:00 pm, in the Heritage Square parking lot. Participants include
local California farmers, prepared food vendors, businesses from the local business
district, children’s activities and musical performances. Each week, over 5000
customers visit The Sunday Main Street Market. Visitors purchase produce, meet
friends and family for breakfast and lunch and often stay two to three hours enjoying
the ambiance, music and food. A complimentary bike valet and validated parking are
also available for customers.
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A U T H O R I T Y T O O P E R A T E
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1 Authority to Operate
Authority to operate is granted by the State of California, the Los Angeles County Departments of
Health and Agriculture/Weights and Measures and the City. These rules were adopted by the City of
Santa Monica Council _____.
MFMs 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 producers are expected to be familiar
with the current Direct Marketing Regulations and these Rules, Regulations and Policy
Guide (hereafter referred to as “The Rules”).
In addition to the CFMs, adjacent non-certified activities are operated under the
authority of these rules and the City.
The purpose of The Rules is to govern the operation, administration and management
of all farmers’ markets under control of the City. As set forth by the Direct Marketing
Regulations, all organizations managing CFMs are required to establish rules and
regulations. The organizations’ rules and regulations may be more stringent than those
established by California provided that they do not violate or conflict with other
relevant state laws or regulations.
SMFMs management and its designated agents will implement and enforce all Rules,
Regulations and Policy pertaining to the operation and management of any Santa
Monica Farmers Market (SMFM) in a fair and equitable manner.
Chapter 1
S
P A R T I C I P A T I O N
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2 Participation
This section answers the questions of how the SMFMs are organized, who may sell at the market, what
products may be sold, how to apply, what permits are required to sell, how participation is determined and
how stall spaces are allocated.
2.1 SMFMS ORGANIZATION AND LAYOUT
Each market is divided into two sections: the Certified Agricultural section and the
Non-Certified Section. Certified agricultural products and Non-certifiable Agricultural
Products may be sold in the Certified Section of the market. Certified agricultural
products are products which are grown by a certified 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, shell
eggs, honey, cut flowers and nursery stock [CCR 1392.2(k)]. Certified producers
selling processed products must also bring some of the primary unprocessed
product to market when in season.
Non-certifiable Agricultural Products include all certified agricultural products that
have been processed, those products other than certified agricultural products
noted in CCR 1392.2(l)…from any tree, vine or plan and their flowers (including
processed products), livestock (including rabbits) and livestock products, and fish
and shellfish produced under controlled conditions in waters or ponds located in
California [CCR 1392.2(m)]. Non-certifiable Agricultural products include: juice,
jams and jellies, dried fruits and vegetables, shelled or roasted nuts, fish and
seafood, poultry and poultry products, livestock and livestock products and dairy.
Certified producers found selling product not of their own production are subject
to a schedule A violation which is grounds for immediate dismissal from the
market with reinstatement of selling privileges contingent upon a hearing.
Non-certifiable Processed Agricultural Products, Retail, Prepared and Pre-packaged Food and
entertainment are all held in the Non-Certified Section of the market and must be
designated as such. Non-Certifiable Processed Agricultural Products are processed food
products where the primary ingredient(s) are grown by a certified producer but where
the finished product is not certifiable by the County Agricultural Commissioner due to
the addition of ingredients not produced by the certified producer.
Chapter 2
P A R T I C I P A T I O N
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All products and services sold or performed at the SMFMs must have the prior
approval of the SMFMs management and are subject to available space. Additional
product or section specific criteria may also apply and are listed below.
2.2 CERTIFIED AGRICULTURAL SECTION
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
copies of the following documentation:
Embossed Certified Producers' Certificate (CPC) listing
Los Angeles County as an "Authorized County".
(Second Certificate requirements reference section
2.2.6)
All leases and agreements between market participants and third parties.
Map of Growing Ground with supporting photographs.
Apiary registration (if selling honey).
Avocado exemption permit or proof of inspection (if selling avocados).
Organic registration and certification.
Annual Health permit for processing facility.
Board of Equalization Permit (for taxable products).
SMFMs management may require the certified producer or 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. SMFMs management may verify information from other market managers
or industry organizations outside the City.
2.2.2 Selection Criteria: Certified Producers
The following criteria, in no particular order, are used to evaluate potential market
participants for the Certified Section of the SMFMs.
Space availability at SMFMs.
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Preference given to growers with no prior violations of the certified
farmers’ markets program.
Desirability of crops - crops which are in demand, are one-of-a-kind or of
exceptional quality or uniqueness, are preferred over crops already in
sufficient supply at the market.
Product mix - products are admitted to the SMFMs with adequate variety
to ensure a wide product mix and to fulfill consumer demand without
creating a surfeit (glut) of any one product.
Length of stay – growers of short-season specialty crops receive higher
priority than growers of year round crops. Short-season crops change
frequently and afford a maximum number of producers access to selling
space.
Fresh products are given priority over processed products.
Preference is given to applicants selling processed products that they
process themselves vs. products taken to a processing facility (i.e. Dried
fruit, juice, shelled nuts, etc.)
Preference is given to applicants whose primary distribution is local, not
national.
Products cannot contain genetically modified ingredients or be grown
from genetically engineered seeds.
Preference is given to producers who follow sustainable farming practices
Sustainable farming takes into account proximity to market, which for
CFM purposes are all crops grown in California. Sustainable farming
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
farming practices also include fair wages for workers and humane
treatment of farm animals.
Credit history.
Certified producers and producers not invited to participate in SMFMs at the
original time of application will be placed on a waiting list for 12 months and will
be reconsidered as space becomes available.
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2.2.3 Additional Selection Criteria: Meat, Poultry and Dairy
All meat and poultry sold at the SMFMs must be processed at a United
States Department of Agriculture (USDA) approved processing facility in
accordance with the Federal and State meat processing standards.
No livestock, meat, or dairy goods in which growth hormones, such as
rBGH, were administered may be sold at SMFMs.
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.certifiedhumane.org).
Only farmstead cheeses (made by the producer) may be sold at the
SMFMs. Cheese and processed milk products sold at the Santa Monica
Farmers Markets SMFMs must come from the milk of animals that are
owned by the Producer. Proof of ownership of dairy animals must
consist of but is not limited to one or more of the following documents:
o Market Milk Permit
o Farm Inspection Report
o Grade A (or B) permit for milk production
o Tuberculosis Test Record
o 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 has
performed propagation, germination, planting of cuttings, or division work.
Products sold must be a higher value than the container in which they are
sold.
Certified producers shall not purchase plants for the sole and immediate
intent to resell them without sufficient propagation or growing time; the
adequate length of time. See Attachment III.
2.2.5 Additional Selection Criteria: Producers of Fish and Shellfish
Aquaculture operators who sell products from controlled ponds or waters are
considered non-certifiable agricultural producers and may sell in the certified section of
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the market. Aquaculture operators are required to submit to SMFMs current
documentation that verifies production including, but not limited to the following:
California Department of Health Services Shellfish Growing 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
Second certificates (certified producers selling certified agricultural products on behalf of
one other certified producer) are admitted to the SMFMs based on the criteria listed in
section 2.2.2, in compliance with 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)].
The name of the certified producer who is selling the products of another
certified producer shall appear on the certificate of the person for whom
he/she is selling. [CR1392.4(g)(4)].
The certified producer selling for another certified producer shall be selling
or offering for sale certified agricultural products which he/she has
produced and which are greater than the amount by volume offered for
sale for the other certified producer at the beginning of each day of sale.
[CR1392.4(g)(5)].
A certified producer who sells certified agricultural products on behalf of
another certified producer or whose products are sold by another certified
producer at the SMFMs shall keep for a period of not less than three years,
the following documentation: [CR1392(g)(9)].
(1) Date and amount of products transferred by variety.
(2) Date and amount of products sold by variety.
(3) Names of both certified producers involved.
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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 payments. Certified producers may only sell for or
be represented by one additional certified producer in any 12-month
period. If absentee farmer is unable to identify the quantity or identity of
their crop(s) being sold at the market, that producers selling privileges will
be revoked.
2.2.7 Partnerships
Certified producers in partnership, with sharecropping agreements or similar contracts
as described in CR1392.9.1 who are issued a CPC are subject to the same regulations
and restrictions and application procedures as listed in sections 2.2.2 and 2.2.6 of The
Rules.
2.2.8 Growing Practices
All certified producers, including certified organic farmers, are required to submit a
Growing Practices Information Form that lists the methods used to control weeds, pests, soil
fertility and visual appearance of their produce. Growing Practices Information forms
are available for review by customers. Certified producers and producers are
responsible for keeping Growing Practices Information forms current and accurate.
2.2.9 Organic Products
Certified producers selling organic products in California must comply with the
California Organic Products Act of 2003 (COPA), effective January 1, 2003.
Certified producers engaged in the production of agricultural products sold as 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 then annually
renew their registration with the secretary of the Department of Food and Agriculture
unless no longer engaged in activities requiring registration [COPA 46013.1 (a)]. All
products sold as organic in CFMs shall be certified by a federally accredited certifying
agent registered with the secretary of the California Department of Food and
Agriculture (CDFA). Federal organic accreditation remains in effect until it is revoked
or the farmer withdraws from the organic certification program.
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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, 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 with a physical barrier, and non-organic
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 SMFMs. The farm
address and the gross sales figures may be redacted for purposes of privacy.1
2.2.10 “No Chemical” “Pesticide Free” labeling
Certified producers may use the terms “No Chemical” and “Pesticide Free” to
advertise their products. As noted above in Section 2.2.8 Growing Practices, all inputs
shall be fully disclosed. The term “No Spray” may not be used since it is vague and
misleading.
2.3 NON-CERTIFIED SECTION
Applicants may visit the City’s Finance website year round to sign up as a vendor and
will be notified when the application periods opens.
2.3.1 Non-certifiable Processed Agricultural Products
Non-certifiable processed agricultural products which are not
permitted in the certified section may only be sold by certified
producers in the non-certified section of the market. Non-
certifiable Processed Agricultural Products include prepared or
packaged foods where the primary ingredient(s) are grown by the
market participant and have included pesto, olives, and nut brittle.
A CPC is required to substantiate the certified producer's claim to
growing the primary ingredients in Non-certifiable Processed Products.
Certified producers of non-certifiable processed agricultural products are subject to the
same documentation and selection criteria as certified producers Section 2.2.
1 California Organic Products Act of 2003, National Organic Program.
Non-Certified Section
The non-certified section is established by the
SMFMs to provide ancillary activities
products and services that enhance the market
ambiance.
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2.3.2 Prepared or Pre-Packaged Food
Prepared and pre-packaged food may only be sold in the Non-certified Section of the
market. Prepared Food is prepared on site such as omelets, burritos and pancakes.
Pre-Packaged Food includes food prepared and packaged off site in a certified kitchen
such as chocolates, breads and sandwiches.
In order to be eligible, applicants must obtain and present appropriate documentation
which may include, but is not limited to:
Annual Health Permit for processing facility.
Board of Equalization Permit (for taxable
products).
Temporary Field Event Health Permit (renewable
quarterly) issued by the Los Angeles County
Department of Health.
Prepared and Pre-packaged food vendors may with apply with their desired menu
through a Request for Proposal (RFP) process. The number of square footage allocated
for any give RFP may change from year to year. RFPs are conducted annually for one
third of allocated spaces with three year contracts awarded. Market management
determines the number and allocation of stall spaces available, which are subject to
change with each RFP. Menu modification requests are reviewed annually during the
RFP application period. The evaluation criterion for prepared and pre-packaged food
applicants includes, but is not limited to:
Business Location
o First preference given to applicants whose established restaurant
resides within the local business district of the market to which
they are applying.
o Second preference given to applicants whose established
restaurant resides within the City of Santa Monica.
o Third preference given to applicants with established restaurants
residing outside the City of Santa Monica.
o Last preference given to itinerant food businesses residing outside
the City of Santa Monica.
Ingredient Sourcing
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Products sold at the market must be homemade (rather than purchased
fully processed and re-sold) and that incorporate ingredients which are:
o Grown in California
o Organic
o Fair trade
o Free range and grass fed meats
o Wild-caught or local seafood from sustainably managed
fisheries
o Purchased from SMFMs certified producers (farmers).
Sustainability
o Environmental Sustainability
Measured through green certifications such as the Sustainable
Work Business Greening program.
Experience
o First preference is given to applicants with experience participating
in outdoor event food preparation.
o Second preference is given to applicants with restaurant or catering
experience.
o Last preference is given to applicants with no prior business
related food preparation experience
Value
Preference for products that are unique and that ensure a wide array of
offerings to adequately fulfill customer demand.
2.3.2.1 Prepared and pre-packaged food (Sunday Main Street Farmers
Market)
Additional stall space allocations apply at the Sunday Main Street Farmers’ Market.
50% of the prepared food area, or 50% of the prepared food 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 food
vendors are offered the reserved stall spaces. Main Street prepared food vendors not
selected for the reserved spaces will be added to the general pool of applicants to
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compete for the remaining spaces. When fewer Main Street businesses apply than
available reserved spaces, such spaces will be available for the general applicant pool.
2.3.3 Featured Restaurants
Market management may create a Featured Restaurant program at the SMFMs to allow
one food establishment per week from the local business district to sell prepared foods
listed on their established restaurant 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 with other qualified applicants in equal
proportion.
In order to participate, vendors must obtain and present required documentation
which may include, but is not limited to:
Board of Equalization Permit (for taxable products).
Current City Business License.
Temporary or Annual Field Event Health Permit (renewable quarterly)
issued by the Los Angeles County Department of Health.
2.3.4 Wild Harvested and Foraged Agricultural Products
Wild harvested and foraged agricultural products may only be sold in the Non-certified
Section of the market. In order to participate, vendors must obtain and present
appropriate documentation which may include, but is not limited to:
National Forest Collectors Permit.
Temporary Field Event Health Permit (renewable quarterly) issued by the
Los Angeles County Department of Health.
2.3.5 Sellers of Wild-Caught Fish and Shellfish
Wild-caught seafood and shellfish may only be sold in
the Non-certified Section of the market. All fish sold
must be harvested from a well-managed fishery in
properly licensed boats in which sustainable harvesting
methods are employed, in accordance with the
Monterey Bay Aquariums Seafood Watch program.
Wild caught seafood and shellfish vendors must obtain
and present appropriate documentation which may
include, but is not limited to:
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DMV 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 Handlers Permit issued by the California Department of
Fish and Game.
Landing Receipts.
Temporary Field Event Health Permit or (renewable quarterly) or a
Vehicle Permit issued by the Los Angeles County Department of Health.
Selection criteria for seafood applicants includes, but is not limited to:
Preference is given to applicants selling fish and seafood which is caught,
raised, collected or grown in California coastal waters.
First preference is given to applicants selling their own catch.
Second preference is giving to applicants selling their own catch and
documented catch of others who fish.
Last preference is given to fishmongers who contract directly with people
who fish.
Any fish or shellfish purchased at a commercial/wholesale fish market is
not allowed to be sold at the SMFMs.
Seafood or seafood products made from species that are overfished or
unsustainably farmed as identified by the Monterey Bay Aquarium’s
Seafood Watch program will not be admitted to the SMFMs.
2.3.6 City Departmental Information Table
Subject to space availability table space at SMFMs is provided only for City
departments to distribute information to market visitors.
2.3.7 Farmers Market Management and Information Booths
Market management or a designated representative can be found at the
information booth of each market during operational hours. Information
displayed at the information table is limited to:
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(1) City of Santa Monica publications
(2) Publications featuring the SMFMs or participating certified
producers (will be labeled with city logo and article reference)
2.3.8 Retail
SMFMs held on private property may have a retail section in the Non-certified section
to allow retailers from the organized local business district to sell products normally
sold in their stores. 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 their scheduled performances.
Other promotional materials such as shirts, stickers, etc. are not allowed for sale.
Musical Entertainers may apply to perform at SMFMs during the open application
period each year by responding to the Request for Qualification (RFQ). A selection
criterion includes, but is not limited to:
Type of music
Quality of music
Preference is to give opportunities to many different musicians.
Experience performing in outdoor venues
Previous performance success and behavior
2.3.10 Children’s Activities
Subject to space availability, children’s activities are
allowed pursuant to local regulations and may
include, pony rides, arts and crafts activities, face
painters, and performers.
Children’s activity performers may apply to
participate at SMFMs by contacting the
administrative offices. All applicants will be
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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:
References
Appropriateness of the activity provided
2.3.11 Market Sponsored Consumer Education and Outreach
SMFMs management encourage Market Sponsored Consumer Education that is
intended to promote healthy eating, support California farming and sustainability and
may include, but is not limited to Ask the Dietitian, the Master Gardeners, and chef
demonstrations.
2.4 TERMS OF PARTICIPATION
2.4.1 Certified Producers and Producers
Once selected first time certified producers and producers will be offered a three
month 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, certified producers and producers will be awarded a stall space subject to
annual review.
Certified producers and producers must provide SMFMs management copies of CPCs
annually, if there are changes to the CPC, continued participation in SMFMs will be
determined in accordance with the Rules and/or admission of changed product mix
will be subject to selling conditions as stipulated in a selling agreement.
2.4.2 Vendors
The terms of participation for vendors who are selected through a RFP or RFQ
process will be set forth in a selling agreements and/or contract. During each RFP
process, staff will determine the duration of agreement and number and type of
vendors to be included in each market. Should a vendor not be able to fulfill the terms
of the agreement the next eligible vendor from the initial RFP process will be offered a
stall space and selling agreement for the remaining term of the departing vendor.
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2.5 HOW IS STALL SPACE ALLOCATED?
Market participants are granted one selling space and may not occupy two separate
selling spaces or sell outside their assigned space under the same CPC. Every effort is
made to assign permanent space locations to market participants. This ensures
continuity, which is beneficial to the participant and to the overall operation of the
market. Occasionally changes must be made in stall assignment location. Such
decisions are made at the Manager's discretion for the benefit of overall market
operations. The following evaluation criteria will used when making stall assignments:
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.
2.6 “NO ASSIGNMENT” (CHANGE IN OWNERSHIP OF FARM OR BUSINESS)
There is no assignment of a selling space in the market in the event a participating farm
or business is sold. New owners must apply for a selling space and will be considered
in accordance with criteria set forth in this chapter.
2.7 INFORMATION DISCLOSURE STATEMENT
All records maintained by the SMFMs are subject to full disclosure to the public. For
purposes of publicizing the markets, SMFMs may promote and share information
about participants, their products, production or growing methods and photographs.
Participants who do not want their contact information shared may complete a “non-
release” form.
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2.8 OTHER ACTIVITIES
All SMFMs are open to the public. As such,
they attract a variety of activities not related to
the SMFMs mission. The most common
activities and the rules which regulate these
activities are listed below:
2.8.1 Filming
Filming is allowed with prior approval from
SMFM management and a valid film permit
issued by the City. An additional permit from
the Bayside District Corporation may also be
required to film in the area designated as the
Bayside District.
2.8.2 Signature Gathering/petitioning/ Leafleting
Signature gathering and petitioning are allowed as free speech activities.
2.8.3 Product sample distribution
Only market participants may offer product samples within the markets.
Soliciting/Panhandling
These activities are protected by First
Amendment rights governing free speech and
public access. Anyone engaging in these
activities is asked to keep the public area free
of discarded literature and must comply with
City of Santa Monica Municipal Code
4.54.020 which prohibits “aggressive
solicitation” such as blocking passage,
following a person who has declined to make
a donation among other things.
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3 Dollars and Cents
This section presents information about stall and other fees & billing, taxes, payments credits and prices.
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
All market participants are expected to be accurate in all monetary transactions. It is
advisable that each farmer have in place a cash handling system. Disputes over
monetary transactions may be mediated on a case by case basis by market management
with final resolution determined by market management.
3.1.3 Refunds
Market participants are encouraged to give customers the benefit of the doubt and
offer a full monetary refund or replacement of equal value when purchases are
disputed. Return or exchange policy shall be posted in writing at the stall.
3.2 LOAD SHEETS
SMFMs participants will complete and turn in a daily load sheet for record keeping and
billing purposes. Market participants shall declare gross sales on load sheets. Load
sheets must be filled out completely noting the volume of commodities brought in, the
volume of commodities sold and gross sales per commodity or commodity group.
SMFMs management will monitor sales reporting as necessary to check for accuracy.
[CCR1392.9 (6b)].
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3.3 RATES AND FEES
Schedule of fees is shown Attachment II.
3.4 BILLING
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 invoice.
3.6 DELINQUENT ACCOUNTS
Payments are due upon receipt. If payment is not received within 30 days from the
date of the invoice, account becomes delinquent.
Market participants whose accounts are over 61 days past due, will be suspended from
participation in SMFMs until the balance is brought current. Thereafter, market
participants shall be placed on a weekly payment plan for six months for the first
occurrence and indefinitely for any future delinquencies. Weekly payment plan
participants must pay their stall fees in full at the completion of each market attended.
3.7 RETURNED CHECKS
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.
3.8 CREDITS
Market participants will receive credits toward their stall fees for a variety of items,
including food stamps, Farmers’ Market Nutrition Program (FMNP) coupons, marketing
coupons, items purchased by the market for use at the market or accompanying
programs. When applicable, credits will appear on the monthly statement.
3.8.1 Assistance Program Participation
SMFMs participants (where applicable) are required to accept SMFMs $1.00 scrip
tokens issued for food stamps (EBT) and Women Infants and Children (WIC),
FMNP, and Farmers’ Market Senior Nutrition Program (FMSNP) issued in $2.00
denominations, and must adhere to all assistance program participation rules and
guidelines. As change cannot be given, producers are expected to assist WIC and EBT
customers by providing produce in $1 or $2 increments.
Sales Monitoring
To read more about sales monitoring, stall or
farm audits and violation penalties, please see
page 9.
Rainy Day Fee Policy
Markets remain open on rainy days and stall fees
will be collected on any sales that take place.
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3.9 OTHER COUPONS
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 SMFMs Information Stalls. Credit vouchers may not be deducted from participant
sales. Credit vouchers are applied toward future billings and are indicated on statements.
3.10 DONATIONS
Occasionally, SMFMs are asked for food donations to support various
organizations, causes or events. When asked, management may forward a letter
detailing the type of donations requested, date and 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. Producers wishing
to donate may request a receipt from the requesting organization.
3.11 SALES TAX
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.
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4 Health, Safety &
Conduct
This section describes participant standards for health, safety and professional conduct. Violations of these
standards are set forth in section 7 Market Violations page 33.
4.1 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 suspension from the
following market.
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.
4.3 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 the
pavement from drips from any part of a market participant’s vehicle and/or from food
prepared or sold in the stall space. Market participants are responsible for bagging and
placing all trash in the appropriate dumpsters (produce waste, overripe or leftover
produce, boxes etc.) and disposing of waste water (from sampling set up or flower
buckets, etc.) in the sewer system at the close of market day. Waste water may not be
dumped in the street, in planters or in storm drains. [City Codes 7.16.020, 7.10.040 and
5.20.010].
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Each market provides a designated trash disposal receptacle for such
waste, or the market participant may take it home. Market participants
are not permitted to dispose of produce waste, overripe or leftover
produce or boxes in any receptacle not specifically designed for that
purpose. Produce and compostable waste shall be placed in appropriate
receptacles.
4.4 COMMERCIAL RESALE
Certified producers may sell to chefs, schools and market basket
programs provided that the seller issues a detailed “memorandum” listing
IRQ. This ensures produce sold or consumed by an entity other than the purchaser
can be traced back to the certified producer. Commercial resale market participants
must comply with pertinent labeling and packaging requirements.
Assembly Bill 2168 stipulates that commercial resale of produce may take place at a
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 Identity Responsibility Quantity (IRQ).
4.5 COURTEOUS CONDUCT
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
Market Violation Schedule A which is grounds for immediate dismissal from the market
with reinstatement of selling privileges contingent upon a hearing.
4.6 CUSTOMER ADVISORIES
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.
4.7 DECEPTIVE PACK
Pre-packed items must clearly indicate the representative size and
quality of all items in the container offered for sale.
4.8 FIRE
Market participants shall comply with all City Fire Code and
Regulations
Cleaning Violation
Market participants who do not clean
their stall space to market standards
may be subject to violations and fines.
See section 7 Market Violations
page 33.
Complaints
Complaint forms are available at
the market. SMFMs management
will respond to customer complaints
with two weeks of receipt.
Quality of Product
Santa Monica Farmers Markets are dedicated to
offering the best quality produce.
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4.9 HANDWASHING
Market participants must wash their hands before returning to work from a food or
restroom break.
4.10 HEALTH CODE COMPLIANCE
The activities at a CFM 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:
a. All food shall be stored at least six inches off the ground or as otherwise
approved.
b. No animals other than service animals are permitted within twenty feet of
any temporary food facility or certified farmers market.
c. Prepackaged food shall bear a label that complies with the labeling
requirements prescribed by the Sherman Food, Drug and Cosmetic Law.
d. No home processed foods shall be sold at SMFSs. All food products
prepared for resale at SMFMs must be prepared in a Health Department
licensed facility, and a copy of the facility’s health permit must be kept at
the seller’s stand.
e. Food preparation is prohibited at certified farmers' markets with the
exception of food samples. Distribution of food samples may occur
provided follow California Retail Food Code and section 4.17 of the Rules.
4.11 MINIMUM GRADE REQUIREMENTS
Commodities brought to market or offered for sale are subject to inspection at any
time by a SMFM Manager or authorized person. Produce must meet minimum grade
requirements, and must represent a "field run" or better quality range. Containers of
culls only will not be permitted for sale unless the producer is also selling the same
product at a "field run" standard or better. Culls must be clearly labeled as "culls",
"overripe", "canning grade" and priced accordingly. Any product not meeting USDA
minimum quality standards may not be sold at any price at SMFMs.
Produce offered for sale in containers or packs must not exceed California Department
of Food and Agriculture (CDFA) tolerance for spoilage and waste.
4.12 NOISE, DISTURBANCE OR INTRUSION
Radios and music played by market participants shall not be audible to customers
during market hours, set-up and breakdown. No loud hawking or shouting to
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promote products is allowed. Any disruptive action, including rough housing or
throwing of items, is prohibited. No bicycling, skateboarding, roller-skating, or riding
of scooters is permitted in SMFMs.
4.13 NON-MARKET RELATED ACTIVITIES
Sales of products not otherwise listed on the producers CPC or Selling Agreement is
strictly prohibited while operating at the market. Market bags may be given away with
a minimum purchase with prior approval from SMFMs management.
4.14 PARKING
When possible, market participants will be provided vehicle parking at their stall space.
When space is not available, market participants must park off-site in designated off-
site market participant parking. Market participants and their employees shall not park
vehicles or trailers in lots or at meters adjacent to the Saturday Pico Market or the
Sunday Main Street Market. Upon closing, participant vehicles must be moved to
accommodate market clean up. Market participants may not leave vehicles parked on
the market site after the close of the market.
4.15 PREVENTION OF HARRASSMENT IN THE WORKPLACE
Market participants must comply with the California Department of Fair Employment
and Housing Guidelines on the Prevention of Harassment in the Workplace.
4.16 PUNCTUALITY
Market participants are expected to arrive on time. To ensure safety, market
participants arriving late must be escorted into the market by authorized personnel or
may be asked to leave their vehicle outside the market boundaries and walk their
product into the market.
4.17 SAMPLING
Distribution of food samples may occur under the following sampling setup and
procedures.
4.17.1 Sampling Setup
1. Water container with downward-facing spout (for hands and produce
washing)
2. Non-absorbent cutting board
3. A knife used exclusively for sampling
4. 1% chlorine solution for sanitizing the cutting knife – 100 ppm (1/2 oz.
per gallon) for four hours. Litmus strips are available from manager to
test for concentration
5. Liquid pump soap dispenser (bar soap is not acceptable)
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6. Single use (paper) towels
7. Cover (sneeze guard) for cut samples
8. Single-serve toothpick dispenser or tongs for handing out samples
9. Bucket to catch wash water.
4.17.2 Sampling Procedures
1. All produce must be washed in potable water before cutting, and waste
water shall be collected in a receptacle and disposed of at an approved site.
2. Bucket containing wash water must be disposed of in a public sewer
system or taken home for disposal. Wash water may not be dumped in
planters or storm drains.
3. Samples must be cut out of reach of customers and under a canopy or
protective cover. Cut samples must be kept covered.
4. Clean, disposable plastic gloves shall be used when cutting food samples.
5. Samples must be served to customers on a toothpick or with tongs
6. Samples shall be kept in approved, clean, covered containers.
7. All food samples shall be distributed by the producer in a sanitary manner.
8. Portioning, for example selling half of a watermelon or portions of a large
squash shall comply with section 4.9c and d of this document.
4.18 SIDE-SELLING AND DELIVERY
Market participants are prohibited from selling and/or distributing products at SMFMs
which have not been previously approved by market management.
4.19 SMOKING
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 fines of up to $250 issued by the City of Santa Monica Police. Market
participants, who smoke, must wash their hands prior to returning to their stall.
4.20 SUBSTANCE USE
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.
4.21 UNDER RIPE OVER RIPE
If produce is overripe and must be consumed the same day, the customer must be
informed in advance of the sale of the products.
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5 Setup & Display
This section discusses stall set up and breakdown times, layout and labeling and display requirements. It is
the goal of the SMFMs to have to have a safe and aesthetically pleasing market.
5.1 STALL LAYOUT
a. Displays shall not extend into the walkway or violate fire code. No boxes
or produce displays may extend into the common customer traffic areas.
b. Directional signs are permissible to guide and direct. Directional signs
shall not impede pedestrian circulation or safety.
c. Market participants who display product on a side table must allow at least
24 inches of unobstructed side aisle.
d. Tables and other display fixtures must be sturdy and not overloaded to a
point where they are unstable.
e. All shades and shelters must be securely fastened. Windy conditions may
necessitate canopies being removed.
f. Vendors whose stalls are not set up to standard shall be asked to
discontinue sales until set up is corrected.
5.2 WEIGHTS AND MEASURES
When any product is sold by weight, the scale used must be approved, tested and
sealed by the County Agricultural Commissioner, Sealer of Weights and Measures.
Every scale in use at SMFMs must be sealed annually and display a current seal. Sellers
are not permitted to use scales with expired seals.
5.3 LABELING & DISPLAY
Market participants are encouraged to create attractive displays.
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5.3.1 Closed or sealed containers
Closed and sealed containers must be properly labeled with the following information:
5.3.1.1 Certified and Non-Certifiable Agricultural Products
1. Contents (if product is not readily identifiable),
2. Weight and grade (where applicable),
3. Name, address and zip code of the certified producer or producer.
4. If the package contains six items or less and items are visible and sold by
count, a quantity statement is not required.
5.3.1.2 Pre-packaged and Non-Certifiable Processed
Agricultural Products.
FOOD prepackaged in a FOOD FACILITY shall bear a
label that complies with the labeling requirements prescribed
by the Sherman Food, Drug, and Cosmetic Law (Part 5
(commencing with Section 109875)), 21C.F.R. 101-Food
Labeling, 9 C.F.R. 317-Labeling, Marking Devices, and
Containers, and 9 C.F.R. 381-Subpart N Labeling and
Containers, and as specified under Sections 114039 and
114039.1.
Label information shall include the following:
1 The common name of the FOOD, or absent a
common name, an adequately descriptive identity statement.
2 If made from two or more ingredients, a list of ingredients in
descending order of predominance by weight, including a declaration
of artificial color or flavor and chemical preservatives, if contained in
the FOOD.
3 An accurate declaration of the quantity of contents.
4 The name and place of business of the manufacturer, packer, or
distributor.
5 Except as exempted in the Federal FOOD, Drug, and Cosmetic Act
Section 403(Q)(3)-(5) (21 U.S.C. Sec. 343(q)(3)-(5), incl.), nutrition
labeling as specified in 21 C.F.R. 101-FOOD Labeling and 9 C.F.R.
317 Subpart B Nutrition Labeling.
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5.3.2 Prices
Prices must be clearly posted and legible. Collusion among market participants to set
price or exertion of any influence, pressure, or persuasion to cause a producer to set
price is forbidden by state laws.
5.3.3 Organic Labeling
Certified producers who claim their produce is “organic” either in signs or in verbal
claims, must be Certified and Registered Organic. A copy of the certification and
registration must be posted at the stand. Portions containing sales information and
personal contact may be redacted for privacy purposes.
5.3.4 Signs and Posting
During selling hours the following documents, where applicable, shall be conspicuously
posted at the point of sale: [CCR1392.4 (d)]
f. Farm or business name. Signs must be legible with lettering at least 3
inches tall.
g. Embossed current Certified Producer's Certificate (CPC) which must list
"Los Angeles" as an Authorized County.
h. Employment Agreement.
i. Current organic registration and certification. Violations of National
Organic Program regulations are a serious offence. All products advertised
as organic must be listed on the State of California Organic Registration.
j. When an organic grower is also selling non-organic produce at the same
stand, the non-organic produce must be physically separated from the
organic produce and clearly labeled "non-organic" in letters at least 2 "
high.
k. All applicable Health permits.
l. All applicable exemption permits.
m. Other signs required by SMFMs management such as “WIC”, “EBT
Accepted Here” or management issued marketing posters and flyers.
n. Prices must be clearly posted.
o. Produce varieties shall be posted.
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5.3.5 Growing Practices Disclosure
Farming practices must be fully and truthfully disclosed. Refer to section 2.2.8 for
growing practices disclosure documentation requirements.
5.3.5.1 No spray
The term “No spray” is not allowed at the SMFMs as it is vague misleading.
5.3.5.2 No Pesticides or chemical free
Claims of “no pesticides” or “chemical free” must be substantiated by accurate
reporting on your growing practices information form.
5.3.6 Sustainability
Market participants shall comply with the City sustainability programs and initiatives
which include, but are not limited to the Zero Waste Program and the Expanded
Polystyrene Ban. Market participants are also required to comply with additional
sustainability programs which may be initiated by SMFMs.
5.4 SETUP & BREAKDOWN TIMES
SMFMs hours are as stipulated by each market. No market participant may sell prior
to market opening and or after the market is closed. SMFMs management may open
or close the market early if extreme inclement weather conditions exist.
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6 Audit Program
Santa Monica Certified Farmers Markets is known for high quality and unique products. To ensure the
integrity of SMFMs and products sold, the following comprehensive audit program includes stall sales
audits and farm visits.
6.1 STALL SALES AUDITS
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 is stationed in the stall to record sales transactions and report total sales at
the end of the day to SMFMs management. Market participants who are being audited
are expected to announce each sales transaction in a clear and audible manner so all
sales can be accurately recorded. Audit procedures are detailed in the Farmers Market
Procedural Guide (available upon request).
Penalties for discrepancies in sales reporting are outlined in Section 7 Market
Violations.
6.2 FARM AUDITS
Farm Audits are conducted by SMFMs management to verify that the products being
sold at SMFMs are in production at the certified location and in accordance with the
provisions of the Direct Marketing Regulations2.
Farm Audits consist of several steps:
1. Stall product audit is conducted during the market. Items presented for
sale are recorded and photographed.
2. Market management and/or a designated representative visits the farm and
documents production and growing practices at the farm.
2 California Code of Regulations, Article 6.5 Direct Marketing, Section 1392 – 1392.1.
Chapter 6
A U D I T P R O G R A M
32
3. A written report is composed and findings are presented to the market
participant and a copy is kept in the certified producers’ file noting any
actions taken for violations or follow up. A copy of the written report
may be submitted to the County Agricultural Commissioner.
Certified producers and producers are selected for Farm Audits based on, but not
limited to the following circumstances:
1. When a certified producer or producer first applies to the SMFMs.
2. When information is received requiring field verification.
3. As part of the normal audit cycle.
6.3 MYSTERY SHOPPER
SMFMs management may utilize mystery shoppers to verify accuracy and integrity in
all sales transactions.
6.4 AUDIT PROGRAM PARTICIPATION
Market participants, shall cooperate with SMFM Management requests for stall sales
audits or farm 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 with reinstatement of selling privileges contingent
upon a hearing. Market participants are responsible for keeping market management
apprised of current address and phone numbers.
M A R K E T V I O L A T I O N S
33
7 Market Violations
Santa Monica Farmers Markets follow an open and fair due process in all matters pertaining to reporting
and investigating market violations.
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 conditioned or limited for failure to comply with these rules and
all other applicable federal, state or local regulations and laws. Failure to comply with
The Rules may result in penalties up to and including revocation of selling privileges at
all SMFMs. Market participants are responsible for the actions of their employees.
All violations will be noted to the market participants file.
Table 1: Market Violations - Schedule A
Violations listed in schedule A, are grounds for immediate dismissal from the market with reinstatement of
selling privileges contingent upon Market Participants submission of and SMFMs management approval of a
corrective action plan or hearing as requested by the Market Participant.
Violation
7.1A Producers selling product not of their own production
7.2A Physical violence or threatening behavior to anyone
7.3A Rude, abusive, insulting, disruptive or threatening language
7.4A Under the influence of drugs or alcohol
7.5A Refusal to participate in the stall or farm audit programs
Chapter 7
M A R K E T V I O L A T I O N S
34
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 1st Offense 2nd Offense 3rd Offense
7.1B
Non-compliance with
local health department
regulations
Oral reprimand immediate
corrective action
1 day suspension from the
same SMFM the following
week
3 month suspension from all
SMFMs
7.2B Selling product not
listed on CPC
Oral reprimand immediately
remove product from table.3
1 day suspension from the
same SMFM the following
week
3 month suspension from all
SMFMs
7.3B Selling product not in
selling agreement
Oral reprimand immediately
remove product from table.3
1 day suspension from the
same SMFM the following
week
3 month suspension from all
SMFMs
7.4B False Organic
Marketing
Oral reprimand immediately
remove product from table. 3
1 day suspension from the
same SMFM the following
week
3 month suspension from all
SMFMs
7.5B Culls, poor quality,
overripe
Oral reprimand immediately
remove product from table.
1 day suspension from the
same SMFM the following
week
3 month suspension from all
SMFMs
7.6B Stall Sales Audit Discrepancy of 20% averaged over 3 months
Any combination of four (4) Schedule B violations in a 12 month period shall be cause for a 3 month suspension from SMFMs
with reinstatement of selling privileges contingent upon space available.
3 Sellers may not return with product, label or claim “organic” until it is amended on the CPC, Certification,
selling agreement or Organic registration (where applicable). An audit may be conducted to verify production
of remaining products. A report may be made to the Seller’s county Agricultural Department and other
appropriate authorities.
M A R K E T V I O L A T I O N S
35
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 1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense
7.1C
No show without
telephoning prior
to market start.4
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
1 day suspension
from the same
SMFM the
following week
1 day suspension
from all SMFMs
the following
week
7.2C Arriving after
market start time.4
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
1 day suspension
from the same
SMFM the
following week
1 day suspension
from all SMFMs
the following
week
7.3C General stall set up
not to standard
Sales suspended
until set up is
correct
Sales suspended
until set up is
correct
Sales suspended
until set up is
correct
Sales suspended
until set up is
correct
Sales suspended
until set up is
correct
7.4C
Failure to submit
load list
Load sheets are due at the
end of each market. Load
sheets will be accepted via
fax or called in on a case by
case basis within 24 hours
after the market.
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
7.5C
Failure to clean
stall space or
leaving trash
behind
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
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.
4 Emergency exception: If vendors miss a market due to an emergency , a 48 hour grace period will be
granted. However, sellers must contact the Santa Monica Farmers Market via email or voicemail within 48
hours of the market start time to avoid a violation and ensure their space for the following market.
M A R K E T V I O L A T I O N S
36
Table 4: Payment Violations
Violation
31-60 Days
From date of
invoice
61-90 Days (1st offence)
From date of invoice
61-90 Days (2st offence)
From date of invoice
7.1D Failure to pay stall
fees on time Written notice
Suspension from all markets until
balance is paid in full, including current
month’s balance. Thereafter, required
to pay stall fees at the completion of
each market day attended for six
months.
Suspension from all markets until
balance is paid in full, including
current month’s balance. Thereafter,
required to pay stall fees at the
completion of each market day
attended as long as a Market
Participant.
7.2D Check returned due to
insufficient funds
$25.00 returned check fee for 1st occurrence, $35.00 for all subsequent occurrences. All future fees
must paid via certified check or money order
7.3D Failure to comply with
weekly payment plan suspension from all markets until account is brought current
7.1 DUE PROCESS
Market management shall provide reasonable due process to all market participants
prior to expulsion from the SMFMs.
7.2 NOTICE OF INTENT TO TAKE ACTION
Market participants shall receive a written notice of Intent to Take Action if the action
includes a suspension longer than 1 day or expulsion from the SMFMs.
Notice shall:
State the specific reason(s) for the proposed action.
Be delivered in person or 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 participant of the written appeal process of the proposed
action.
7.3 APPEALS
Market participants may appeal a Notice of Intent to Take Action. In order to be
granted a hearing, the market participant shall submit a written appeal stating the
reasons for their objection within 10 days from the date stated on the notice.
M A R K E T V I O L A T I O N S
37
7.3.1.1 Departmental Hearing:
Upon timely receipt of a written appeal, the SMFMs management shall arrange
a date and time for the appellant to appear before a hearing panel which shall
consist of the Farmers Market Supervisor and the Economic Development
Manager for a Departmental Hearing. The hearing date shall be within 15
days of receipt of the request. Departmental Hearings provide the participant
an opportunity to present information regarding the Notice of Intent to Take
Action. Departmental hearings shall result in a written decision issued
upholding, reversing or amending the original proposed action. A decision
will be issued within 10 days of the hearing and is effective immediately. All
decisions are final
7.3.1.2 Departmental Hearing Appeal
Farmers may appeal decisions resulting from a Departmental Hearing to the
Los Angeles County Department of Food and Agriculture.
G L O S S A R Y O F T E R M S
Glossary of Terms
This glossary of terms is provided to define terms used throughout this document for the purpose of
providing clarity and consistency. The first time glossary terms appear in The Rules they will be italicized.
Many of the definitions are taken verbatim from California Code of Regulations, Article 6.5 Direct
Marketing, section 1392.2 Definitions. These definitions are indicated with an asterisk.
CDFA California Department of Food and Agriculture.
Certified Agricultural Products * Agricultural products, which are certified under the jurisdiction of the county agricultural
commissioner relative to inspection and verification of compliance with the provisions of the
Barclays California Code of Regulations, Article 6.5, include fresh fruits, nuts, vegetables, shell
eggs, honey, cut flowers and nursery stock. [CURFFL 27512 and CCR 1392.2(k)]
Certified Farmers Market (CFM) * A location approved by the county agricultural commissioner of that county where agricultural
products are sold by producers or certified producers directly to consumers. A certified
farmers’ market may be operated by one or more certified producers, by a nonprofit
organization, or by a local government agency. [CCR 1392.2(a)]
Certified Producer (farmer) * A producer authorized by the county agricultural commissioner to sell certified agricultural
products, produced by practice of the agricultural arts upon land which the certified producer
controls (land that the producer or certified producer farms and owns, rents, leases or
sharecrops), directly to consumers at a certified farmers’ market. “Certified producer” does
not mean "Certified Organic." [CCR 1392.2(e)]
Certified Producers Certificate (CPC)* A certificate issued by the County Agricultural Commissioner authorizing the transportation
and sale of certified agricultural products. CPCs list all products grown by a certified producer
as well as the growing location and acreage, projected yields and harvest seasons. [CCR
1392.2(f)]
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 4, Article 6.5.
Dismissal During a market, market participant who are dismissed shall pack up their goods and leave the
market premises.
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, farmers’ markets are required to
use a scrip system. At the SMFMs Scrip is a currency, in the form wooden tokens designed by
the SMFMs name in denominations of $1.00. Clients can use their EBT card to purchase
scrip from the market at a central location and then use the scrip to purchase eligible food
items from farmers at the market. At the end of the day, farmers are reimbursed by the market
for the amount of scrip they received.
Employee* Any person employed by a certified producer at a regular salary or wage; on either a full or
part time basis. It does not include a person who is reselling or whose compensation is
G L O S S A R Y O F T E R M S
primarily based on a commission of sales. [CCR 1392.2(j)]
Expulsion Market participants, who are expelled, are prohibited from selling at SMFMs permanently
Immediate Family Parents, children, grandparents, grandchildren of the certified producer or a family member
regularly residing in the certified producer’s household. [CCR 1392.2-(i)]
Identity, Responsibility and Quantity
(IRQ)
1. A declaration of identity that is the common or usual name of the commodity.
2. A declaration of responsibility that includes the name, address, and zip code of the
producer.
3. A declaration of the quantity of the commodity
Load Sheets Form used by farmers’ market participants to report market sales.
Market Participants Term used to refer to producers and vendors together.
Non-certifiable Agricultural Products Any agricultural product which is not certified by the California Agricultural Commissioner.
Products include: juice, jams and jellies, dried fruits and vegetables, shelled or roasted nuts,
fish and seafood, poultry and poultry products, livestock and livestock products and dairy.
[CURFFL 27512 and CCR 1392.2-(m)]
Non-certifiable Processed Agricultural
Product
Processed food products where the primary ingredient(s) are grown by a Certified producer
but where the finished product is not certifiable by the County Agricultural Commissioner due
to the addition of ingredients not produced by the Certified producer.
Partnership A spate entity distinct from its individual members.
Prepared Food Food for consumption prepared at the site where it is being sold
Pre-packaged Food Food for consumption prepared and packaged in a certified kitchen and then brought to the
site where it will be sold.
Producer A person or entity who produces agricultural products by practices of the agricultural arts
upon land which the person or entity controls. [CCR 1392.2-(d)]
Request for Proposal (RFP) Application form used to apply for Non-certified stall space.
Request for Qualification (RFQ) Application form used for entertainment to illustrate experience and express interest.
Second Certificate A CPC may include the name of a second farmer who has permitted the first farmer to sell the
second farmers’ produce. The CPCs will have both farmers; names and addresses listed on
them permitting this business relationship.
SMFM(s) Santa Monica Certified Farmers Market(s)
Farmers’ Market Nutrition Program for
Women Infants and Children
(FMNP/WIC)
Established by Congress in 1992 and administered by the California Department of Health,
the FMNP provides coupons for WIC participants which can be used to purchase a variety of
fresh fruits and vegetables at Certified Farmers’ Markets not provided in the WIC food
package and allows participants to purchase these foods.
Senior Farmers’ Market Nutrition
Program (SFMNP)
The SFMNP is administered by the California Department of Aging and provides coupons to
low-income seniors that can be used to purchase fresh fruits, vegetables and herbs at certified
farmers markets during May through November. Small family farmers that sell produce at
certified farmers markets receive all cash from the program.
G L O S S A R Y O F T E R M S
Suspension A defined period of time where Market Participants are prohibited from selling at one, many
or all SMFMs.
Vendor Any participant in the market selling Non-certified products including retail, prepared foods,
or processed food.
M A R K E T H O U R S A N D D A Y S
1
Market Hours and Days
Market hours and days are subject to change under the sole authority and discretion of the City Manager
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 -1pm
Opened: May 8, 1991
Virginia Avenue Park Farmers Market
Comer of Pico Blvd. and Cloverfield Avenue
8am - 1pm
Opened: March 14, 1992
Main Street Farmers Market
2640 Main Street at Ocean Park Blvd.
9:30am -1pm
Opened: January 15, 1995
Attachment 1
R A T E S A N D F E E S
2
Rates and Fees
Below please find the SMFM schedule of rates and fees for various market participants. Fees are subject to change at will by market
management. Vendors are responsible to pay fees as listed below for any sales activity that take place during the market day or portion
thereof.
Vendor Type Rate Charged
Certified Producers 4.5 % of gross sales paid to the SMFMs
Producers 4.5 % of gross sales paid to the SMFMs
Prepared and processed Agricultural 4.5 % of gross sales paid to the SMFMs
Non-certified Processed Producers 4.5 % of gross sales paid to the SMFMs
Prepared Food and Pre-Packaged
Food
(maximum 10x20)
Santa Monica Businesses Non-Santa Monica Businesses
$100 for first 10x10, $50 each
additional 10x10 paid to the
SMFMs
$150 for first 10x10, $50 each
additional 10x10 paid to the SMFMs
Featured Restaurant $125.00 per day paid to the SMFMs
Business Improvement Associations $20.00 per vendor space allotted not contingent upon vendor
attendance
Retail Contact MSBIA
Program Type Rate Paid
Entertainment – Band $125.00 solo performance,
$250.00 bands of two or more.
Entertainment - Crafts $125.00
Chef Demonstration Up to $500.00 market produce stipend, $150.00 honorarium, market keeps
the proceeds.
Chef Marketing Up to $500.00 market produce stipend, $150.00 charge, chef keeps the
proceeds.
Attachment 2
2
N U R S E R Y S T O C K
3
Nursery Stock
To sell nursery stock at the Santa Monica Farmers Markets certified producers must adhere to the following standards.
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-asexual (cuttings, grafting, etc.)
b. The certified producer has practiced agricultural arts upon the plants
including one or more of the following:
I. Sexual propagation using seeds. Documentation can be provided
which supports seed purchase/production.
II. Vegetative or asexual propagation using vegetative tissues (stem,
root, leaves) to create new plants. Documentation can be provided
which supports plant purchase/production.
III. Purchase of plants which must be transplanted to a larger container
as compared to the original and must have full root growth in the
transplanted container.
IV. Prepare plant varietals (potted arrangements of mixed plants) using
only growers own certified plants (refer to 3bI, II and/or III).
V. All certifiable plants must be labeled with at least the common
name and preferable common and botanical name.
Attachment 3
CITY OF SANTA MONICA
Farmers Markets
Approved March 20, 2012
FARMERS MAREKTS
Rules, Regulations and Policy Guide
1901 Main Street, Suite F
Santa Monica, CA 90405
Phone 310.458.8712 ~ Fax 310.391.9996
www.farmersmarket.smgov.net
farmersmarket@smgov.net
T A B L E O F C O N T E N T S
i
Table of Contents
1 AUTHORITY TO OPERATE ................................................................................................................... 1
2 PARTICIPATION ........................................................................................................................................ 3
2.1 SMFMS ORGANIZATION AND LAYOUT ............................................................... 3
2.2 CERTIFIED AGRICULTURAL SECTION ................................................................. 4
2.2.1 Required Documentation ..................................................................... 4
2.2.2 Selection Criteria: Certified Producers .............................................. 4
2.2.3 Additional Selection Criteria: Meat, Poultry and Dairy .................. 6
2.2.4 Additional Selection Criteria: Nursery Stock ................................... 6
2.2.5 Additional Selection Criteria: Producers of Fish and Shellfish ..... 6
2.2.6 Second Certificate .................................................................................. 7
2.2.7 Partnerships ............................................................................................. 8
2.2.8 Growing Practices .................................................................................. 8
2.2.9 Organic Products ................................................................................... 8
2.2.10 “No Chemical” “Pesticide Free” labeling ......................................... 9
2.3 NON-CERTIFIED SECTION ......................................................................................... 9
2.3.1 Non-certifiable Processed Agricultural Products ............................. 9
2.3.2 Prepared or Pre-Packaged Food ........................................................ 10
2.3.3 Featured Restaurants ........................................................................... 12
2.3.4 Wild Harvested and Foraged Agricultural Products ...................... 12
2.3.5 Sellers of Wild-Caught Fish and Shellfish ........................................ 12
2.3.6 City Departmental Information Table.............................................. 13
2.3.7 Farmers Market Management and Information Booths ............... 13
T A B L E O F C O N T E N T S
ii
2.3.8 Retail ....................................................................................................... 14
2.3.9 Musical Entertainment ........................................................................ 14
2.3.10 Children’s Activities ............................................................................. 14
2.3.11 Market Sponsored Consumer Education and Outreach ............... 15
2.4 TERMS OF PARTICIPATION ...................................................................................... 15
2.4.1 Certified Producers and Producers ................................................... 15
2.4.2 Vendors .................................................................................................. 15
2.5 HOW IS STALL SPACE ALLOCATED? .................................................................... 16
2.6 “NO ASSIGNMENT” (CHANGE IN OWNERSHIP OF FARM OR
BUSINESS) .......................................................................................................................... 16
2.7 INFORMATION DISCLOSURE STATEMENT ...................................................... 16
2.8 OTHER ACTIVITIES ...................................................................................................... 17
2.8.1 Filming ................................................................................................... 17
2.8.2 Signature Gathering/petitioning/ Leafleting .................................. 17
2.8.3 Product sample distribution ............................................................... 17
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 SHEETS ................................................................................................................. 19
3.3 RATES AND FEES ........................................................................................................... 20
3.4 BILLING .............................................................................................................................. 20
3.5 PAYMENTS ........................................................................................................................ 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 ......................................................................................................... 21
3.10 DONATIONS ..................................................................................................................... 21
3.11 SALES TAX ......................................................................................................................... 21
T A B L E O F C O N T E N T S
iii
4 HEALTH, SAFETY & CONDUCT ....................................................................................................... 23
4.1 ABSENCES ......................................................................................................................... 23
4.2 ANIMALS ............................................................................................................................ 23
4.3 CLEANING STALL SPACE........................................................................................... 23
4.4 COMMERCIAL RESALE ................................................................................................ 24
4.5 COURTEOUS CONDUCT ............................................................................................. 24
4.6 CUSTOMER ADVISORIES ........................................................................................... 24
4.7 DECEPTIVE PACK ......................................................................................................... 24
4.8 FIRE ...................................................................................................................................... 24
4.9 HANDWASHING ............................................................................................................. 25
4.10 HEALTH CODE COMPLIANCE ................................................................................ 25
4.11 MINIMUM GRADE REQUIREMENTS .................................................................... 25
4.12 NOISE, DISTURBANCE OR INTRUSION .............................................................. 25
4.13 NON-MARKET RELATED ACTIVITIES ................................................................ 26
4.14 PARKING ............................................................................................................................ 26
4.15 PREVENTION OF HARRASSMENT IN THE WORKPLACE .......................... 26
4.16 PUNCTUALITY ................................................................................................................. 26
4.17 SAMPLING ......................................................................................................................... 26
4.17.1 Sampling Setup ..................................................................................... 26
4.17.2 Sampling Procedures ........................................................................... 27
4.18 SIDE-SELLING AND DELIVERY .............................................................................. 27
4.19 SMOKING........................................................................................................................... 27
4.20 SUBSTANCE USE ............................................................................................................. 27
4.21 UNDER RIPE OVER RIPE ............................................................................................ 27
5 SETUP & DISPLAY ................................................................................................................................... 29
5.1 STALL LAYOUT ............................................................................................................... 29
5.2 WEIGHTS AND MEASURES ....................................................................................... 29
5.3 LABELING & DISPLAY ................................................................................................. 29
5.3.1 Closed or sealed containers ................................................................ 30
5.3.2 Prices ...................................................................................................... 31
5.3.3 Organic Labeling .................................................................................. 31
5.3.4 Signs and Posting ................................................................................. 31
T A B L E O F C O N T E N T S
iv
5.3.5 Growing Practices Disclosure ............................................................ 32
5.3.6 Sustainability .......................................................................................... 32
5.4 SETUP & BREAKDOWN TIMES ................................................................................ 32
6 AUDIT PROGRAM ................................................................................................................................... 33
6.1 STALL SALES AUDITS ................................................................................................... 33
6.2 FARM AUDITS .................................................................................................................. 33
6.3 MYSTERY SHOPPER ...................................................................................................... 34
6.4 AUDIT PROGRAM PARTICIPATION ...................................................................... 34
7 MARKET VIOLATIONS ......................................................................................................................... 35
7.1 ENFORCEMENT AND DUE PROCESS .................................................................. 38
7.2 DISMISSALS ....................................................................................................................... 38
7.3 FINES, SUSPENSIONS AND EXPULSIONS .......................................................... 39
7.3.1 Office conference ................................................................................. 39
7.3.2 Final Farmer’s Market Enforcement Action ................................... 39
7.4 ADMINISTRATIVE HEARING ................................................................................... 39
GLOSSARY OF TERMS .................................................................................................................................... II
MARKET HOURS AND DAYS ....................................................................................................................... 1
RATES AND FEES .............................................................................................................................................. 2
NURSERY STOCK ............................................................................................................................................... 3
A Brief History
Stablished July 15, 1981, the Santa Monica Certified Farmers Markets (SMFMs) 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 Certified Farmers’ Markets (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 the Bayside Business District and is
adjacent to the 3rd Street Promenade retail businesses and restaurants. Each week over
8000 home shoppers, chefs and tourists visit the Wednesday Downtown Market in search
of fresh produce and flowers as well as cooking inspiration and community.
Saturday Downtown Market: The Saturday Downtown Market, also known as the
Organic Market, is held every Saturday from 8:30 am – 1:00 pm on Arizona Avenue
at 3rd Street. The Organic Market boasts the largest percentage of certified organic
growers of the City’s four markets. In the heart of the Bayside Business District, the
Organic Market is adjacent the 3rd Street Promenade retail businesses and
restaurants. Each week over 4000 local residents, 3rd Street Promenade patrons and
tourists visit the Organic Market.
Saturday Pico Market: The Saturday Pico Farmers Market is held every Saturday
from 8:00 am to 1:00 pm in Virginia Avenue Park. This market features locally
grown produce and flowers as well as prepared foods and breads. Each week over 3000
customers, primarily from the local neighborhoods, visit the Pico Farmers Market.
Sunday Main Street Market: The Sunday Main Street Market is held every Sunday
from 9:30 am to 1:00 pm, in the Heritage Square parking lot. Participants include
local California farmers, prepared food vendors, businesses from the local business
district, children’s activities and musical performances. Each week, over 5000
customers visit The Sunday Main Street Market. Visitors purchase produce, meet
friends and family for breakfast and lunch and often stay two to three hours enjoying
the ambiance, music and food. A complimentary bike valet and validated parking are
also available for customers.
E
A U T H O R I T Y T O O P E R A T E
1
1 Authority to Operate
Authority to operate is granted by the State of California, the Los Angeles County Departments of
Health and Agriculture/Weights and Measures and the City. These rules were adopted by the City of
Santa Monica Council _____.
MFMs 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 producers are expected to be familiar with
the current Direct Marketing Regulations and these Rules, Regulations and Policy Guide
(hereafter referred to as “The Rules”).
In addition to the CFMs, adjacent non-certified activities are operated under the
authority of these rules and the City.
The purpose of The Rules is to govern the operation, administration and management
of all farmers’ markets under control of the City. As set forth by the Direct Marketing
Regulations, all organizations managing CFMs are required to establish rules and
regulations. The organizations’ rules and regulations may be more stringent than those
established by California provided that they do not violate or conflict with other
relevant state laws or regulations.
SMFMs management and its designated agents will implement and enforce all Rules,
Regulations and Policy pertaining to the operation and management of any Santa
Monica Farmers Market (SMFM) in a fair and equitable manner.
Chapter 1
S
P A R T I C I P A T I O N
3
2 Participation
This section answers the questions of how the SMFMs are organized, who may sell at the market, what
products may be sold, how to apply, what permits are required to sell, how participation is determined and
how stall spaces are allocated.
2.1 SMFMS ORGANIZATION AND LAYOUT
Each market is divided into two sections: the Certified Agricultural section and the
Non-Certified Section. Certified agricultural products and Non-certifiable Agricultural
Products may be sold in the Certified Section of the market. Certified agricultural
products are products which are grown by a certified 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, shell
eggs, honey, cut flowers and nursery stock [CCR 1392.2(k)]. Certified producers
selling processed products must also bring some of the primary unprocessed
product to market when in season.
Non-certifiable Agricultural Products include all certified agricultural products that
have been processed, those products other than certified agricultural products
noted in CCR 1392.2(l)…from any tree, vine or plan and their flowers (including
processed products), livestock (including rabbits) and livestock products, and fish
and shellfish produced under controlled conditions in waters or ponds located in
California [CCR 1392.2(m)]. Non-certifiable Agricultural products include: juice,
jams and jellies, dried fruits and vegetables, shelled or roasted nuts, fish and
seafood, poultry and poultry products, livestock and livestock products and dairy.
Certified producers found selling product not of their own production are subject
to a schedule A violation which is grounds for immediate dismissal from the market
with reinstatement of selling privileges contingent upon a hearing.
Non-certifiable Processed Agricultural Products, Retail, Prepared and Pre-packaged Food and
entertainment are all held in the Non-Certified Section of the market and must be
designated as such. Non-Certifiable Processed Agricultural Products are processed food
products where the primary ingredient(s) are grown by a certified producer but where
the finished product is not certifiable by the County Agricultural Commissioner due to
the addition of ingredients not produced by the certified producer.
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All products and services sold or performed at the SMFMs must have the prior
approval of the SMFMs management and are subject to available space. Additional
product or section specific criteria may also apply and are listed below.
2.2 CERTIFIED AGRICULTURAL SECTION
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
copies of the following documentation:
Embossed Certified Producers' Certificate (CPC) listing
Los Angeles County as an "Authorized County". (Second
Certificate requirements reference section 2.2.6)
All leases and agreements between market participants
and third parties.
Map of Growing Ground with supporting photographs.
Apiary registration (if selling honey).
Avocado exemption permit or proof of inspection (if selling avocados).
Organic registration and certification.
Annual Health permit for processing facility.
Board of Equalization Permit (for taxable products).
SMFMs management may require the certified producer or 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. SMFMs management may verify information from other market managers
or industry organizations outside the City.
2.2.2 Selection Criteria: Certified Producers
The following criteria, in no particular order, are used to evaluate potential market
participants for the Certified Section of the SMFMs.
Space availability at SMFMs.
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Preference given to growers with no prior violations of the certified
farmers’ markets program.
Desirability of crops - crops which are in demand, are one-of-a-kind or of
exceptional quality or uniqueness, are preferred over crops already in
sufficient supply at the market.
Product mix - products are admitted to the SMFMs with adequate variety
to ensure a wide product mix and to fulfill consumer demand without
creating a surfeit (glut) of any one product.
Length of stay – growers of short-season specialty crops receive higher
priority than growers of year round crops. Short-season crops change
frequently and afford a maximum number of producers access to selling
space.
Fresh products are given priority over processed products.
Preference is given to applicants selling processed products that they
process themselves vs. products taken to a processing facility (i.e. Dried
fruit, juice, shelled nuts, etc.)
Preference is given to applicants whose primary distribution is local, not
national.
Products cannot contain genetically modified ingredients or be grown
from genetically engineered seeds.
Preference is given to producers who follow sustainable farming practices
Sustainable farming takes into account proximity to market, which for
CFM purposes are all crops grown in California. Sustainable farming
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
farming practices also include fair wages for workers and humane
treatment of farm animals.
Credit history.
Certified producers and producers not invited to participate in SMFMs at the
original time of application will be placed on a waiting list for 12 months and will
be reconsidered as space becomes available.
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2.2.3 Additional Selection Criteria: Meat, Poultry and Dairy
All meat and poultry sold at the SMFMs must be processed at a United
States Department of Agriculture (USDA) approved processing facility in
accordance with the Federal and State meat processing standards.
No livestock, meat, or dairy goods in which growth hormones, such as
rBGH, were administered may be sold at SMFMs.
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.certifiedhumane.org).
Only farmstead cheeses (made by the producer) may be sold at the
SMFMs. Cheese and processed milk products sold at the Santa Monica
Farmers Markets SMFMs must come from the milk of animals that are
owned by the Producer. Proof of ownership of dairy animals must
consist of but is not limited to one or more of the following documents:
o Market Milk Permit
o Farm Inspection Report
o Grade A (or B) permit for milk production
o Tuberculosis Test Record
o 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 has
performed propagation, germination, planting of cuttings, or division work.
Products sold must be a higher value than the container in which they are
sold.
Certified producers shall not purchase plants for the sole and immediate
intent to resell them without sufficient propagation or growing time; the
adequate length of time. See Attachment III.
2.2.5 Additional Selection Criteria: Producers of Fish and Shellfish
Aquaculture operators who sell products from controlled ponds or waters are
considered non-certifiable agricultural producers and may sell in the certified section of
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the market. Aquaculture operators are required to submit to SMFMs current
documentation that verifies production including, but not limited to the following:
California Department of Health Services Shellfish Growing 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
Second certificates (certified producers selling certified agricultural products on behalf of
one other certified producer) are admitted to the SMFMs based on the criteria listed in
section 2.2.2, in compliance with 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)].
The name of the certified producer who is selling the products of another
certified producer shall appear on the certificate of the person for whom
he/she is selling. [CR1392.4(g)(4)].
The certified producer selling for another certified producer shall be selling
or offering for sale certified agricultural products which he/she has
produced and which are greater than the amount by volume offered for
sale for the other certified producer at the beginning of each day of sale.
[CR1392.4(g)(5)].
A certified producer who sells certified agricultural products on behalf of
another certified producer or whose products are sold by another certified
producer at the SMFMs shall keep for a period of not less than three years,
the following documentation: [CR1392(g)(9)].
(1) Date and amount of products transferred by variety.
(2) Date and amount of products sold by variety.
(3) Names of both certified producers involved.
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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 payments. Certified producers may only sell for or
be represented by one additional certified producer in any 12-month
period. If absentee farmer is unable to identify the quantity or identity of
their crop(s) being sold at the market, that producers selling privileges will
be revoked.
2.2.7 Partnerships
Certified producers in partnership, with sharecropping agreements or similar contracts as
described in CR1392.9.1 who are issued a CPC are subject to the same regulations and
restrictions and application procedures as listed in sections 2.2.2 and 2.2.6 of The
Rules.
2.2.8 Growing Practices
All certified producers, including certified organic farmers, are required to submit a
Growing Practices Information Form that lists the methods used to control weeds, pests, soil
fertility and visual appearance of their produce. Growing Practices Information forms
are available for review by customers. Certified producers and producers are
responsible for keeping Growing Practices Information forms current and accurate.
2.2.9 Organic Products
Certified producers selling organic products in California must comply with the
California Organic Products Act of 2003 (COPA), effective January 1, 2003.
Certified producers engaged in the production of agricultural products sold as 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 then annually
renew their registration with the secretary of the Department of Food and Agriculture
unless no longer engaged in activities requiring registration [COPA 46013.1 (a)]. All
products sold as organic in CFMs shall be certified by a federally accredited certifying
agent registered with the secretary of the California Department of Food and
Agriculture (CDFA). Federal organic accreditation remains in effect until it is revoked
or the farmer withdraws from the organic certification program.
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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, 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 with a physical barrier, and non-organic
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 SMFMs. The farm
address and the gross sales figures may be redacted for purposes of privacy.1
2.2.10 “No Chemical” “Pesticide Free” labeling
Certified producers may use the terms “No Chemical” and “Pesticide Free” to
advertise their products. As noted above in Section 2.2.8 Growing Practices, all inputs
shall be fully disclosed. The term “No Spray” may not be used since it is vague and
misleading.
2.3 NON-CERTIFIED SECTION
Applicants may visit the City’s Finance website year round to sign up as a vendor and
will be notified when the application periods opens.
2.3.1 Non-certifiable Processed Agricultural Products
Non-certifiable processed agricultural products which are not
permitted in the certified section may only be sold by certified
producers in the non-certified section of the market. Non-
certifiable Processed Agricultural Products include prepared or
packaged foods where the primary ingredient(s) are grown by the
market participant and have included pesto, olives, and nut brittle.
A CPC is required to substantiate the certified producer's claim to
growing the primary ingredients in Non-certifiable Processed Products.
Certified producers of non-certifiable processed agricultural products are subject to the
same documentation and selection criteria as certified producers Section 2.2.
1 California Organic Products Act of 2003, National Organic Program.
Non-Certified Section
The non-certified section is established by the
SMFMs to provide ancillary activities
products and services that enhance the market
ambiance.
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2.3.2 Prepared or Pre-Packaged Food
Prepared and pre-packaged food may only be sold in the Non-certified Section of the
market. Prepared Food is prepared on site such as omelets, burritos and pancakes.
Pre-Packaged Food includes food prepared and packaged off site in a certified kitchen
such as chocolates, breads and sandwiches.
In order to be eligible, applicants must obtain and present appropriate documentation
which may include, but is not limited to:
Annual Health Permit for processing facility.
Board of Equalization Permit (for taxable
products).
Temporary Field Event Health Permit (renewable
quarterly) issued by the Los Angeles County
Department of Health.
Prepared and Pre-packaged food vendors may with apply with their desired menu
through a Request for Proposal (RFP) process. The number of square footage allocated
for any give RFP may change from year to year. RFPs are conducted annually for one
third of allocated spaces with three year contracts awarded. Market management
determines the number and allocation of stall spaces available, which are subject to
change with each RFP. Menu modification requests are reviewed annually during the
RFP application period. The evaluation criterion for prepared and pre-packaged food
applicants includes, but is not limited to:
Business Location
o First preference given to applicants whose established restaurant
resides within the local business district of the market to which
they are applying.
o Second preference given to applicants whose established
restaurant resides within the City of Santa Monica.
o Third preference given to applicants with established restaurants
residing outside the City of Santa Monica.
o Last preference given to itinerant food businesses residing outside
the City of Santa Monica.
Ingredient Sourcing
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Products sold at the market must be homemade (rather than purchased
fully processed and re-sold) and that incorporate ingredients which are:
o Grown in California
o Organic
o Fair trade
o Free range and grass fed meats
o Wild-caught or local seafood from sustainably managed
fisheries
o Purchased from SMFMs certified producers (farmers).
Sustainability
o Environmental Sustainability. Measured through green
certifications such as the Sustainable Work Business Greening
program.
Experience
o First preference is given to applicants with experience participating
in outdoor event food preparation.
o Second preference is given to applicants with restaurant or catering
experience.
o Last preference is given to applicants with no prior business
related food preparation experience
Value
Preference for products that are unique and that ensure a wide array of
offerings to adequately fulfill customer demand.
2.3.2.1 Prepared and pre-packaged food (Sunday Main Street Farmers
Market)
Additional stall space allocations apply at the Sunday Main Street Farmers’ Market.
50% of the prepared food area, or 50% of the prepared food 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 food
vendors are offered the reserved stall spaces. Main Street prepared food vendors not
selected for the reserved spaces will be added to the general pool of applicants to
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compete for the remaining spaces. When fewer Main Street businesses apply than
available reserved spaces, such spaces will be available for the general applicant pool.
2.3.3 Featured Restaurants
Market management may create a Featured Restaurant program at the SMFMs to allow
one food establishment per week from the local business district to sell prepared foods
listed on their established restaurant 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 with other qualified applicants in equal
proportion.
In order to participate, vendors must obtain and present required documentation
which may include, but is not limited to:
Board of Equalization Permit (for taxable products).
Current City Business License.
Temporary or Annual Field Event Health Permit (renewable quarterly)
issued by the Los Angeles County Department of Health.
2.3.4 Wild Harvested and Foraged Agricultural Products
Wild harvested and foraged agricultural products may only be sold in the Non-certified
Section of the market. In order to participate, vendors must obtain and present
appropriate documentation which may include, but is not limited to:
National Forest Collectors Permit.
Temporary Field Event Health Permit (renewable quarterly) issued by the
Los Angeles County Department of Health.
2.3.5 Sellers of Wild-Caught Fish and Shellfish
Wild-caught seafood and shellfish may only be sold in
the Non-certified Section of the market. All fish sold
must be harvested from a well-managed fishery in
properly licensed boats in which sustainable harvesting
methods are employed, in accordance with the
Monterey Bay Aquariums Seafood Watch program.
Wild caught seafood and shellfish vendors must obtain
and present appropriate documentation which may
include, but is not limited to:
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DMV 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 Handlers Permit issued by the California Department of
Fish and Game.
Landing Receipts.
Temporary Field Event Health Permit or (renewable quarterly) or a
Vehicle Permit issued by the Los Angeles County Department of Health.
Selection criteria for seafood applicants includes, but is not limited to:
Preference is given to applicants selling fish and seafood which is caught,
raised, collected or grown in California coastal waters.
First preference is given to applicants selling their own catch.
Second preference is giving to applicants selling their own catch and
documented catch of others who fish.
Last preference is given to fishmongers who contract directly with people
who fish.
Any fish or shellfish purchased at a commercial/wholesale fish market is
not allowed to be sold at the SMFMs.
Seafood or seafood products made from species that are overfished or
unsustainably farmed as identified by the Monterey Bay Aquarium’s
Seafood Watch program will not be admitted to the SMFMs.
2.3.6 City Departmental Information Table
Subject to space availability table space at SMFMs is provided only for City
departments to distribute information to market visitors.
2.3.7 Farmers Market Management and Information Booths
Market management or a designated representative can be found at the
information booth of each market during operational hours. Information
displayed at the information table is limited to:
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(1) City of Santa Monica publications
(2) Publications featuring the SMFMs or participating certified
producers (will be labeled with city logo and article reference)
2.3.8 Retail
SMFMs held on private property may have a retail section in the Non-certified section
to allow retailers from the organized local business district to sell products normally
sold in their stores. 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 their scheduled performances.
Other promotional materials such as shirts, stickers, etc. are not allowed for sale.
Musical Entertainers may apply to perform at SMFMs during the open application
period each year by responding to the Request for Qualification (RFQ). A selection
criterion includes, but is not limited to:
Type of music
Quality of music
Preference is to give opportunities to many different musicians.
Experience performing in outdoor venues
Previous performance success and behavior
2.3.10 Children’s Activities
Subject to space availability, children’s activities are
allowed pursuant to local regulations and may
include, pony rides, arts and crafts activities, face
painters, and performers.
Children’s activity performers may apply to
participate at SMFMs by contacting the
administrative offices. All applicants will be
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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:
References
Appropriateness of the activity provided
2.3.11 Market Sponsored Consumer Education and Outreach
SMFMs management encourage Market Sponsored Consumer Education that is
intended to promote healthy eating, support California farming and sustainability and
may include, but is not limited to Ask the Dietitian, the Master Gardeners, and chef
demonstrations.
2.4 TERMS OF PARTICIPATION
2.4.1 Certified Producers and Producers
Once selected first time certified producers and producers will be offered a three
month 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, certified producers and producers will be awarded a stall space subject to
annual review.
Certified producers and producers must provide SMFMs management copies of CPCs
annually, if there are changes to the CPC, continued participation in SMFMs will be
determined in accordance with the Rules and/or admission of changed product mix
will be subject to selling conditions as stipulated in a selling agreement.
2.4.2 Vendors
The terms of participation for vendors who are selected through a RFP or RFQ
process will be set forth in a selling agreements and/or contract. During each RFP
process, staff will determine the duration of agreement and number and type of
vendors to be included in each market. Should a vendor not be able to fulfill the terms
of the agreement the next eligible vendor from the initial RFP process will be offered a
stall space and selling agreement for the remaining term of the departing vendor.
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2.5 HOW IS STALL SPACE ALLOCATED?
Market participants are granted one selling space and may not occupy two separate
selling spaces or sell outside their assigned space under the same CPC. Every effort is
made to assign permanent space locations to market participants. This ensures
continuity, which is beneficial to the participant and to the overall operation of the
market. Occasionally changes must be made in stall assignment location. Such
decisions are made at the Manager's discretion for the benefit of overall market
operations. The following evaluation criteria will used when making stall assignments:
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.
2.6 “NO ASSIGNMENT” (CHANGE IN OWNERSHIP OF FARM OR BUSINESS)
There is no assignment of a selling space in the market in the event a participating farm
or business is sold. New owners must apply for a selling space and will be considered
in accordance with criteria set forth in this chapter.
2.7 INFORMATION DISCLOSURE STATEMENT
All records maintained by the SMFMs are subject to full disclosure to the public. For
purposes of publicizing the markets, SMFMs may promote and share information
about participants, their products, production or growing methods and photographs.
Participants who do not want their contact information shared may complete a “non-
release” form.
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2.8 OTHER ACTIVITIES
All SMFMs are open to the public. As such,
they attract a variety of activities not related to
the SMFMs mission. The most common
activities and the rules which regulate these
activities are listed below:
2.8.1 Filming
Filming is allowed with prior approval from
SMFM management and a valid film permit
issued by the City. An additional permit from
the Bayside District Corporation may also be
required to film in the area designated as the
Bayside District.
2.8.2 Signature Gathering/petitioning/ Leafleting
Signature gathering and petitioning are allowed as free speech activities.
2.8.3 Product sample distribution
Only market participants may offer product samples within the markets.
Soliciting/Panhandling
These activities are protected by First
Amendment rights governing free speech and
public access. Anyone engaging in these
activities is asked to keep the public area free
of discarded literature and must comply with
City of Santa Monica Municipal Code
4.54.020 which prohibits “aggressive
solicitation” such as blocking passage,
following a person who has declined to make
a donation among other things.
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3 Dollars and Cents
This section presents information about stall and other fees & billing, taxes, payments credits and prices.
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
All market participants are expected to be accurate in all monetary transactions. It is
advisable that each farmer have in place a cash handling system. Disputes over
monetary transactions may be mediated on a case by case basis by market management
with final resolution determined by market management.
3.1.3 Refunds
Market participants are encouraged to give customers the benefit of the doubt and
offer a full monetary refund or replacement of equal value when purchases are
disputed. Return or exchange policy shall be posted in writing at the stall.
3.2 LOAD SHEETS
SMFMs participants will complete and turn in a daily load sheet for record keeping and
billing purposes. Market participants shall declare gross sales on load sheets. Load
sheets must be filled out completely noting the volume of commodities brought in, the
volume of commodities sold and gross sales per commodity or commodity group.
SMFMs management will monitor sales reporting as necessary to check for accuracy.
[CCR1392.9 (6b)].
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3.3 RATES AND FEES
Schedule of fees is shown Attachment II.
3.4 BILLING
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 invoice.
3.6 DELINQUENT ACCOUNTS
Payments are due upon receipt. If payment is not received within 30 days from the
date of the invoice, account becomes delinquent.
Market participants whose accounts are over 61 days past due, will be suspended from
participation in SMFMs until the balance is brought current. Thereafter, market
participants shall be placed on a weekly payment plan for six months for the first
occurrence and indefinitely for any future delinquencies. Weekly payment plan
participants must pay their stall fees in full at the completion of each market attended.
3.7 RETURNED CHECKS
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.
3.8 CREDITS
Market participants will receive credits toward their stall fees for a variety of items,
including food stamps, Farmers’ Market Nutrition Program (FMNP) coupons, marketing
coupons, items purchased by the market for use at the market or accompanying
programs. When applicable, credits will appear on the monthly statement.
3.8.1 Assistance Program Participation
SMFMs participants (where applicable) are required to accept SMFMs $1.00 scrip
tokens issued for food stamps (Electronic Balance Transfer - EBT) and Women Infants and
Children (WIC), FMNP, and Senior Nutrition Farmers’ Market Program (SFMNP) issued in
$2.00 denominations, and must adhere to all assistance program participation rules and
guidelines. As change cannot be given, producers are expected to assist WIC and EBT
customers by providing produce in $1 or $2 increments.
Sales Monitoring
To read more about sales monitoring, stall or
farm audits and violation penalties, please see
page 9.
Rainy Day Fee Policy
Markets remain open on rainy days and stall fees
will be collected on any sales that take place.
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3.9 OTHER COUPONS
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 SMFMs Information Stalls. Credit vouchers may not be deducted from participant
sales. Credit vouchers are applied toward future billings and are indicated on statements.
3.10 DONATIONS
Occasionally, SMFMs are asked for food donations to support various
organizations, causes or events. When asked, management may forward a letter
detailing the type of donations requested, date and 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. Producers wishing
to donate may request a receipt from the requesting organization.
3.11 SALES TAX
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.
H E A L T H , S A F E T Y & C O N D U C T
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4 Health, Safety &
Conduct
This section describes participant standards for health, safety and professional conduct. Violations of these
standards are set forth in section 7 Market Violations page 35.
4.1 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 suspension from the following
market.
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.
4.3 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 the
pavement from drips from any part of a market participant’s vehicle and/or from food
prepared or sold in the stall space. Market participants are responsible for bagging and
placing all trash in the appropriate dumpsters (produce waste, overripe or leftover
produce, boxes etc.) and disposing of waste water (from sampling set up or flower
buckets, etc.) in the sewer system at the close of market day. Waste water may not be
dumped in the street, in planters or in storm drains. [City Codes 7.16.020, 7.10.040 and
5.20.010].
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Each market provides a designated trash disposal receptacle for such
waste, or the market participant may take it home. Market participants
are not permitted to dispose of produce waste, overripe or leftover
produce or boxes in any receptacle not specifically designed for that
purpose. Produce and compostable waste shall be placed in appropriate
receptacles.
4.4 COMMERCIAL RESALE
Certified producers may sell to chefs, schools and market basket
programs provided that the seller issues a detailed “memorandum” listing
Identity, Responsibility and Quantity (IRQ). This ensures produce sold or consumed by an
entity other than the purchaser can be traced back to the certified producer.
Commercial resale market participants must comply with pertinent labeling and
packaging requirements.
Assembly Bill 2168 stipulates that commercial resale of produce may take place at a
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.
4.5 COURTEOUS CONDUCT
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
Market Violation Schedule A which is grounds for immediate dismissal from the market
with reinstatement of selling privileges contingent upon a hearing.
4.6 CUSTOMER ADVISORIES
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.
4.7 DECEPTIVE PACK
Pre-packed items must clearly indicate the representative size and
quality of all items in the container offered for sale.
4.8 FIRE
Market participants shall comply with all City Fire Code and
Regulations
Cleaning Violation
Market participants who do not clean
their stall space to market standards
may be subject to violations and fines.
See section 7 Market Violations
page 35.
Complaints
Complaint forms are available at
the market. SMFMs management
will respond to customer complaints
with two weeks of receipt.
Quality of Product
Santa Monica Farmers Markets are dedicated to
offering the best quality produce.
H E A L T H , S A F E T Y & C O N D U C T
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4.9 HANDWASHING
Market participants must wash their hands before returning to work from a food or
restroom break.
4.10 HEALTH CODE COMPLIANCE
The activities at a CFM 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:
a. All food shall be stored at least six inches off the ground or as otherwise
approved.
b. No animals other than service animals are permitted within twenty feet of
any temporary food facility or certified farmers market.
c. Prepackaged food shall bear a label that complies with the labeling
requirements prescribed by the Sherman Food, Drug and Cosmetic Law.
d. No home processed foods shall be sold at SMFSs. All food products
prepared for resale at SMFMs must be prepared in a Health Department
licensed facility, and a copy of the facility’s health permit must be kept at
the seller’s stand.
e. Food preparation is prohibited at certified farmers' markets with the
exception of food samples. Distribution of food samples may occur
provided follow California Retail Food Code and section 4.17 of the Rules.
4.11 MINIMUM GRADE REQUIREMENTS
Commodities brought to market or offered for sale are subject to inspection at any
time by a SMFM Manager or authorized person. Produce must meet minimum grade
requirements, and must represent a "field run" or better quality range. Containers of
culls only will not be permitted for sale unless the producer is also selling the same
product at a "field run" standard or better. Culls must be clearly labeled as "culls",
"overripe", "canning grade" and priced accordingly. Any product not meeting USDA
minimum quality standards may not be sold at any price at SMFMs.
Produce offered for sale in containers or packs must not exceed California Department
of Food and Agriculture (CDFA) tolerance for spoilage and waste.
4.12 NOISE, DISTURBANCE OR INTRUSION
Radios and music played by market participants shall not be audible to customers
during market hours, set-up and breakdown. No loud hawking or shouting to
H E A L T H , S A F E T Y & C O N D U C T
26
promote products is allowed. Any disruptive action, including rough housing or
throwing of items, is prohibited. No bicycling, skateboarding, roller-skating, or riding
of scooters is permitted in SMFMs.
4.13 NON-MARKET RELATED ACTIVITIES
Sales of products not otherwise listed on the producers CPC or Selling Agreement is
strictly prohibited while operating at the market. Market bags may be given away with
a minimum purchase with prior approval from SMFMs management.
4.14 PARKING
When possible, market participants will be provided vehicle parking at their stall space.
When space is not available, market participants must park off-site in designated off-
site market participant parking. Market participants and their employees shall not park
vehicles or trailers in lots or at meters adjacent to the Saturday Pico Market or the
Sunday Main Street Market. Upon closing, participant vehicles must be moved to
accommodate market clean up. Market participants may not leave vehicles parked on
the market site after the close of the market.
4.15 PREVENTION OF HARRASSMENT IN THE WORKPLACE
Market participants must comply with the California Department of Fair Employment
and Housing Guidelines on the Prevention of Harassment in the Workplace.
4.16 PUNCTUALITY
Market participants are expected to arrive on time. To ensure safety, market
participants arriving late must be escorted into the market by authorized personnel or
may be asked to leave their vehicle outside the market boundaries and walk their
product into the market.
4.17 SAMPLING
Distribution of food samples may occur under the following sampling setup and
procedures.
4.17.1 Sampling Setup
1. Water container with downward-facing spout (for hands and produce
washing)
2. Non-absorbent cutting board
3. A knife used exclusively for sampling
4. 1% chlorine solution for sanitizing the cutting knife – 100 ppm (1/2 oz.
per gallon) for four hours. Litmus strips are available from manager to
test for concentration
5. Liquid pump soap dispenser (bar soap is not acceptable)
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6. Single use (paper) towels
7. Cover (sneeze guard) for cut samples
8. Single-serve toothpick dispenser or tongs for handing out samples
9. Bucket to catch wash water.
4.17.2 Sampling Procedures
1. All produce must be washed in potable water before cutting, and waste
water shall be collected in a receptacle and disposed of at an approved site.
2. Bucket containing wash water must be disposed of in a public sewer
system or taken home for disposal. Wash water may not be dumped in
planters or storm drains.
3. Samples must be cut out of reach of customers and under a canopy or
protective cover. Cut samples must be kept covered.
4. Clean, disposable plastic gloves shall be used when cutting food samples.
5. Samples must be served to customers on a toothpick or with tongs
6. Samples shall be kept in approved, clean, covered containers.
7. All food samples shall be distributed by the producer in a sanitary manner.
8. Portioning, for example selling half of a watermelon or portions of a large
squash shall comply with section 4.9c and d of this document.
4.18 SIDE-SELLING AND DELIVERY
Market participants are prohibited from selling and/or distributing products at SMFMs
which have not been previously approved by market management.
4.19 SMOKING
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 fines of up to $250 issued by the City of Santa Monica Police. Market
participants, who smoke, must wash their hands prior to returning to their stall.
4.20 SUBSTANCE USE
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.
4.21 UNDER RIPE OVER RIPE
If produce is overripe and must be consumed the same day, the customer must be
informed in advance of the sale of the products.
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5 Setup & Display
This section discusses stall set up and breakdown times, layout and labeling and display requirements. It is
the goal of the SMFMs to have to have a safe and aesthetically pleasing market.
5.1 STALL LAYOUT
a. Displays shall not extend into the walkway or violate fire code. No boxes
or produce displays may extend into the common customer traffic areas.
b. Directional signs are permissible to guide and direct. Directional signs
shall not impede pedestrian circulation or safety.
c. Market participants who display product on a side table must allow at least
24 inches of unobstructed side aisle.
d. Tables and other display fixtures must be sturdy and not overloaded to a
point where they are unstable.
e. All shades and shelters must be securely fastened. Windy conditions may
necessitate canopies being removed.
f. Vendors whose stalls are not set up to standard shall be asked to
discontinue sales until set up is corrected.
5.2 WEIGHTS AND MEASURES
When any product is sold by weight, the scale used must be approved, tested and
sealed by the County Agricultural Commissioner, Sealer of Weights and Measures.
Every scale in use at SMFMs must be sealed annually and display a current seal. Sellers
are not permitted to use scales with expired seals.
5.3 LABELING & DISPLAY
Market participants are encouraged to create attractive displays.
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5.3.1 Closed or sealed containers
Closed and sealed containers must be properly labeled with the following information:
5.3.1.1 Certified and Non-Certifiable Agricultural Products
1. Contents (if product is not readily identifiable),
2. Weight and grade (where applicable),
3. Name, address and zip code of the certified producer or producer.
4. If the package contains six items or less and items are visible and sold by
count, a quantity statement is not required.
5.3.1.2 Pre-packaged and Non-Certifiable Processed
Agricultural Products.
FOOD prepackaged in a FOOD FACILITY shall bear a
label that complies with the labeling requirements prescribed
by the Sherman Food, Drug, and Cosmetic Law (Part 5
(commencing with Section 109875)), 21C.F.R. 101-Food
Labeling, 9 C.F.R. 317-Labeling, Marking Devices, and
Containers, and 9 C.F.R. 381-Subpart N Labeling and
Containers, and as specified under Sections 114039 and
114039.1.
Label information shall include the following:
1. The common name of the FOOD, or absent
a common name, an adequately descriptive identity statement.
2. If made from two or more ingredients, a list of ingredients in
descending order of predominance by weight, including a
declaration of artificial color or flavor and chemical preservatives, if
contained in the FOOD.
3. An accurate declaration of the quantity of contents.
4. The name and place of business of the manufacturer, packer, or
distributor.
5. Except as exempted in the Federal FOOD, Drug, and Cosmetic
Act Section 403(Q)(3)-(5) (21 U.S.C. Sec. 343(q)(3)-(5), incl.),
nutrition labeling as specified in 21 C.F.R. 101-FOOD Labeling and
9 C.F.R. 317 Subpart B Nutrition Labeling.
S E T U P & D I S P L A Y
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5.3.2 Prices
Prices must be clearly posted and legible. Collusion among market participants to set
price or exertion of any influence, pressure, or persuasion to cause a producer to set
price is forbidden by state laws.
5.3.3 Organic Labeling
Certified producers who claim their produce is “organic” either in signs or in verbal
claims, must be Certified and Registered Organic. A copy of the certification and
registration must be posted at the stand. Portions containing sales information and
personal contact may be redacted for privacy purposes.
5.3.4 Signs and Posting
During selling hours the following documents, where applicable, shall be conspicuously
posted at the point of sale: [CCR1392.4 (d)]
f. Farm or business name. Signs must be legible with lettering at least 3
inches tall.
g. Embossed current Certified Producer's Certificate (CPC) which must list
"Los Angeles" as an Authorized County.
h. Employment Agreement.
i. Current organic registration and certification. Violations of National
Organic Program regulations are a serious offence. All products advertised
as organic must be listed on the State of California Organic Registration.
j. When an organic grower is also selling non-organic produce at the same
stand, the non-organic produce must be physically separated from the
organic produce and clearly labeled "non-organic" in letters at least 2 "
high.
k. All applicable Health permits.
l. All applicable exemption permits.
m. Other signs required by SMFMs management such as “WIC”, “EBT
Accepted Here” or management issued marketing posters and flyers.
n. Prices must be clearly posted.
o. Produce varieties shall be posted.
S E T U P & D I S P L A Y
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5.3.5 Growing Practices Disclosure
Farming practices must be fully and truthfully disclosed. Refer to section 2.2.8 for
growing practices disclosure documentation requirements.
5.3.5.1 No spray
The term “No spray” is not allowed at the SMFMs as it is vague misleading.
5.3.5.2 No Pesticides or chemical free
Claims of “no pesticides” or “chemical free” must be substantiated by accurate
reporting on your growing practices information form.
5.3.6 Sustainability
Market participants shall comply with the City sustainability programs and initiatives
which include, but are not limited to the Zero Waste Program and the Expanded
Polystyrene Ban. Market participants are also required to comply with additional
sustainability programs which may be initiated by SMFMs.
5.4 SETUP & BREAKDOWN TIMES
SMFMs hours are as stipulated by each market. No market participant may sell prior
to market opening and or after the market is closed. SMFMs management may open
or close the market early if extreme inclement weather conditions exist.
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33
6 Audit Program
Santa Monica Certified Farmers Markets is known for high quality and unique products. To ensure the
integrity of SMFMs and products sold, the following comprehensive audit program includes stall sales
audits and farm visits.
6.1 STALL SALES AUDITS
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 is stationed in the stall to record sales transactions and report total sales at
the end of the day to SMFMs management. Market participants who are being audited
are expected to announce each sales transaction in a clear and audible manner so all
sales can be accurately recorded. Audit procedures are detailed in the Farmers Market
Procedural Guide (available upon request).
Penalties for discrepancies in sales reporting are outlined in Section 7 Market
Violations.
6.2 FARM AUDITS
Farm Audits are conducted by SMFMs management to verify that the products being
sold at SMFMs are in production at the certified location and in accordance with the
provisions of the Direct Marketing Regulations2.
Farm Audits consist of several steps:
1. Stall product audit is conducted during the market. Items presented for
sale are recorded and photographed.
2. Market management and/or a designated representative visits the farm and
documents production and growing practices at the farm.
2 California Code of Regulations, Article 6.5 Direct Marketing, Section 1392 – 1392.1.
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3. A written report is composed and findings are presented to the market
participant and a copy is kept in the certified producers’ file noting any
actions taken for violations or follow up. A copy of the written report
may be submitted to the County Agricultural Commissioner.
Certified producers and producers are selected for Farm Audits based on, but not
limited to the following circumstances:
1. When a certified producer or producer first applies to the SMFMs.
2. When information is received requiring field verification.
3. As part of the normal audit cycle.
6.3 MYSTERY SHOPPER
SMFMs management may utilize mystery shoppers to verify accuracy and integrity in
all sales transactions.
6.4 AUDIT PROGRAM PARTICIPATION
Market participants, shall cooperate with SMFM Management requests for stall sales
audits or farm 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 with reinstatement of selling privileges contingent
upon a hearing. Market participants are responsible for keeping market management
apprised of current address and phone numbers.
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7 Market Violations
Santa Monica Farmers Markets follow an open and fair due process in all matters pertaining to reporting
and investigating market violations.
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 conditioned or limited for failure to comply with these rules and
all other applicable federal, state or local regulations and laws. Failure to comply with
The Rules may result in penalties up to and including expulsion at all SMFMs. Market
participants are responsible for the actions of their employees.
All violations will be noted to the market participants file.
Table 1: Market Violations - Schedule A
Violations listed in Schedule A, are grounds for immediate dismissal and expulsion from the market.
Violation
7.1A Producers selling product not of their own production
7.2A Physical violence or threatening behavior to anyone
7.3A Rude, abusive, insulting, disruptive or threatening language
7.4A Under the influence of drugs or alcohol
7.5A Refusal to participate in the stall or farm audit programs
Chapter 7
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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 1st Offense 2nd Offense 3rd Offense
7.1B
Non-compliance with
local health department
regulations
Oral reprimand immediate
corrective action
1 day suspension from the
same SMFM the following
week
3 month suspension from all
SMFMs
7.2B Selling product not
listed on CPC
Oral reprimand immediately
remove product from table.3
1 day suspension from the
same SMFM the following
week
3 month suspension from all
SMFMs
7.3B Selling product not in
selling agreement
Oral reprimand immediately
remove product from table.3
1 day suspension from the
same SMFM the following
week
3 month suspension from all
SMFMs
7.4B False Organic
Marketing
Oral reprimand immediately
remove product from table. 3
1 day suspension from the
same SMFM the following
week
3 month suspension from all
SMFMs
7.5B Culls, poor quality,
overripe
Oral reprimand immediately
remove product from table.
1 day suspension from the
same SMFM the following
week
3 month suspension from all
SMFMs
7.6B Stall Sales Audit Discrepancy of 20% averaged over 3 months
Any combination of four (4) Schedule B violations in a 12 month period shall be cause for a 3 month suspension from SMFMs
with reinstatement of selling privileges contingent upon space available.
3 Sellers may not return with product, label or claim “organic” until it is amended on the CPC, Certification,
selling agreement or Organic registration (where applicable). An audit may be conducted to verify production
of remaining products. A report may be made to the Seller’s county Agricultural Department and other
appropriate authorities.
M A R K E T V I O L A T I O N S
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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 1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense
7.1C
No show without
telephoning prior
to market start.4
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
1 day suspension
from the same
SMFM the
following week
1 day suspension
from all SMFMs
the following
week
7.2C Arriving after
market start time.4
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
1 day suspension
from the same
SMFM the
following week
1 day suspension
from all SMFMs
the following
week
7.3C General stall set up
not to standard
Sales suspended
until set up is
correct
Sales suspended
until set up is
correct
Sales suspended
until set up is
correct
Sales suspended
until set up is
correct
Sales suspended
until set up is
correct
7.4C
Failure to submit
load list
Load sheets are due at the
end of each market. Load
sheets will be accepted via
fax or called in on a case by
case basis within 24 hours
after the market.
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
7.5C
Failure to clean
stall space or
leaving trash
behind
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file
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.
4 Emergency exception: If vendors miss a market due to an emergency, a 48 hou r grace period will be
granted. However, 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.
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Table 4: Payment Violations
Violation
31-60 Days
From date of
invoice
61-90 Days (1st offence)
From date of invoice
61-90 Days (2st offence)
From date of invoice
7.1D Failure to pay stall
fees on time Written notice
Suspension from all markets until
balance is paid in full, including current
month’s balance. Thereafter, required
to pay stall fees at the completion of
each market day attended for six
months.
Suspension from all markets until
balance is paid in full, including
current month’s balance. Thereafter,
required to pay stall fees at the
completion of each market day
attended as long as a Market
Participant.
7.2D Check returned due to
insufficient funds
$25.00 returned check fee for 1st occurrence, $35.00 for all subsequent occurrences. All future fees
must paid via certified check or money order
7.3D Failure to comply with
weekly payment plan suspension from all markets until account is brought current
7.1 ENFORCEMENT AND 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.
7.2 DISMISSALS
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 the right to resume
operations at all SMFMs.
Any conditions imposed 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 with the required conditions.
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7.3 FINES, SUSPENSIONS AND EXPULSIONS
Market participants shall receive a written Notice of Proposed Action if the proposed
enforcement action includes a suspension longer than 1 day, any fine or expulsion
from the SMFMs. The enforcement actions proposed in the Notice are not effective
until finaled 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 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 finaled.
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.
7.4 APPEALS AND ADMINISTRATIVE HEARING
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 the these adopted Rules.
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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 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.
G L O S S A R Y O F T E R M S
Glossary of Terms
This glossary of terms is provided to define terms used throughout this document for the purpose of
providing clarity and consistency. The first time glossary terms appear in The Rules they will be italicized.
Many of the definitions are taken verbatim from California Code of Regulations, Article 6.5 Direct
Marketing, section 1392.2 Definitions. These definitions are indicated with an asterisk.
CDFA California Department of Food and Agriculture.
Certified Agricultural Products * Agricultural products, which are certified under the jurisdiction of the county agricultural
commissioner relative to inspection and verification of compliance with the provisions of the
Barclays California Code of Regulations, Article 6.5, include fresh fruits, nuts, vegetables, shell
eggs, honey, cut flowers and nursery stock. [CURFFL 27512 and CCR 1392.2(k)]
Certified Farmers Market (CFM) * A location approved by the county agricultural commissioner of that county where agricultural
products are sold by producers or certified producers directly to consumers. A certified
farmers’ market may be operated by one or more certified producers, by a nonprofit
organization, or by a local government agency. [CCR 1392.2(a)]
Certified Producer (farmer) * A producer authorized by the county agricultural commissioner to sell certified agricultural
products, produced by practice of the agricultural arts upon land which the certified producer
controls (land that the producer or certified producer farms and owns, rents, leases or
sharecrops), directly to consumers at a certified farmers’ market. “Certified producer” does
not mean "Certified Organic." [CCR 1392.2(e)]
Certified Producers Certificate (CPC)* A certificate issued by the County Agricultural Commissioner authorizing the transportation
and sale of certified agricultural products. CPCs list all products grown by a certified producer
as well as the growing location and acreage, projected yields and harvest seasons. [CCR
1392.2(f)]
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 4, 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 impose
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, farmers’ markets are required to
use a scrip system. At the SMFMs Scrip is a currency, in the form wooden tokens designed by
the SMFMs name in denominations of $1.00. Clients can use their EBT card to purchase
scrip from the market at a central location and then use the scrip to purchase eligible food
items from farmers at the market. At the end of the day, farmers are reimbursed by the market
for the amount of scrip they received.
G L O S S A R Y O F T E R M S
Employee* Any person employed by a certified producer at a regular salary or wage; on either a full or
part time basis. It does not include a person who is reselling or whose compensation is
primarily based on a commission of sales. [CCR 1392.2(j)]
Expulsion Market participants, who are expelled, are prohibited from selling at SMFMs permanently
Immediate Family Parents, children, grandparents, grandchildren of the certified producer or a family member
regularly residing in the certified producer’s household. [CCR 1392.2-(i)]
Identity, Responsibility and Quantity
(IRQ)
1. A declaration of identity that is the common or usual name of the commodity.
2. A declaration of responsibility that includes the name, address, and zip code of the
producer.
3. A declaration of the quantity of the commodity
Load Sheets Form used by farmers’ market participants to report market sales.
Market Participants Term used to refer to producers and vendors together.
Non-certifiable Agricultural Products Any agricultural product which is not certified by the California Agricultural Commissioner.
Products include: juice, jams and jellies, dried fruits and vegetables, shelled or roasted nuts,
fish and seafood, poultry and poultry products, livestock and livestock products and dairy.
[CURFFL 27512 and CCR 1392.2-(m)]
Non-certifiable Processed Agricultural
Product
Processed food products where the primary ingredient(s) are grown by a Certified producer
but where the finished product is not certifiable by the County Agricultural Commissioner due
to the addition of ingredients not produced by the Certified producer.
Partnership A spate entity distinct from its individual members.
Prepared Food Food for consumption prepared at the site where it is being sold
Pre-packaged Food Food for consumption prepared and packaged in a certified kitchen and then brought to the
site where it will be sold.
Producer A person or entity who produces agricultural products by practices of the agricultural arts
upon land which the person or entity controls. [CCR 1392.2-(d)]
Request for Proposal (RFP) Application form used to apply for Non-certified stall space.
Request for Qualification (RFQ) Application form used for entertainment to illustrate experience and express interest.
Second Certificate A CPC may include the name of a second farmer who has permitted the first farmer to sell the
second farmers’ produce. The CPCs will have both farmers; names and addresses listed on
them permitting this business relationship.
SMFM(s) Santa Monica Certified Farmers Market(s)
Farmers’ Market Nutrition Program for
Women Infants and Children
(FMNP/WIC)
Established by Congress in 1992 and administered by the California Department of Health,
the FMNP provides coupons for WIC participants which can be used to purchase a variety of
fresh fruits and vegetables at Certified Farmers’ Markets not provided in the WIC food
package and allows participants to purchase these foods.
Senior Farmers’ Market Nutrition
Program (SFMNP)
The SFMNP is administered by the California Department of Aging and provides coupons to
low-income seniors that can be used to purchase fresh fruits, vegetables and herbs at certified
farmers markets during May through November. Small family farmers that sell produce at
G L O S S A R Y O F T E R M S
certified farmers markets receive all cash from the program.
Suspension A defined period of time where Market Participants are prohibited from selling at one, many
or all SMFMs.
Vendor Any participant in the market selling Non-certified products including retail, prepared foods,
or processed food.
M A R K E T H O U R S A N D D A Y S
Market Hours and Days
Market hours and days are subject to change under the sole authority and discretion of the City Manager
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 -1pm
Opened: May 8, 1991
Virginia Avenue Park Farmers Market
Comer of Pico Blvd. and Cloverfield Avenue
8am - 1pm
Opened: March 14, 1992
Main Street Farmers Market
2640 Main Street at Ocean Park Blvd.
9:30am -1pm
Opened: January 15, 1995
Attachment 1
R A T E S A N D F E E S
Rates and Fees
Below please find the SMFM schedule of rates and fees for various market participants. Fees are subject to change at will by market
management. Vendors are responsible to pay fees as listed below for any sales activity that take place during the market day or portion
thereof.
Vendor Type Rate Charged
Certified Producers 4.5 % of gross sales paid to the SMFMs
Producers 4.5 % of gross sales paid to the SMFMs
Prepared and processed Agricultural 4.5 % of gross sales paid to the SMFMs
Non-certified Processed Producers 4.5 % of gross sales paid to the SMFMs
Prepared Food and Pre-Packaged
Food
(maximum 10x20)
Santa Monica Businesses Non-Santa Monica Businesses
$100 for first 10x10, $50 each
additional 10x10 paid to the
SMFMs5
$150 for first 10x10, $50 each
additional 10x10 paid to the SMFMs6
Featured Restaurant $125.00 per day paid to the SMFMs
Business Improvement Associations $20.00 per vendor space allotted not contingent upon vendor
attendance
Retail Contact MSBIA
Program Type Rate Paid
Entertainment (bands, crafts, etc.) Tips
5 Fees for prepared and packaged food vendors attending the Saturday Pico Farmers Market are reduced by $25.00.
6 Fees for prepared and packaged food vendors attending the Saturday Pico Farmers Market are reduced by $25.00.
Attachment 2
N U R S E R Y S T O C K
Nursery Stock
To sell nursery stock at the Santa Monica Farmers Markets certified producers must adhere to the following standards.
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-asexual (cuttings, grafting, etc.)
b. The certified producer has practiced agricultural arts upon the plants
including one or more of the following:
I. Sexual propagation using seeds. Documentation can be provided
which supports seed purchase/production.
II. Vegetative or asexual propagation using vegetative tissues (stem,
root, leaves) to create new plants. Documentation can be provided
which supports plant purchase/production.
III. Purchase of plants which must be transplanted to a larger container
as compared to the original and must have full root growth in the
transplanted container.
IV. Prepare plant varietals (potted arrangements of mixed plants) using
only growers own certified plants (refer to 3bI, II and/or III).
V. All certifiable plants must be labeled with at least the common
name and preferable common and botanical name.
Attachment 3
CITY OF SANTA MONICA
Farmers Markets
Rules, Regulations and
Policy Guide
Adopted
May 25, 2010
Updated
March 20, 2012; June 11 2013
FARMERS MAREKTS
Rules, Regulations and Policy Guide
1901 Main Street, Suite F
Santa Monica, CA 90405
Phone 310.458.8712 ~ Fax 310.391.9996
www.farmersmarket.smgov.net
farmersmarket@smgov.net
TABLE OF CONTENTS
i
Table of Contents
1 AUTHORITY TO OPERATE ................................................................................................................... 1
2 PARTICIPATION ........................................................................................................................................ 3
2.1 SMFMS ORGANIZATION AND LAYOUT ............................................................... 3
2.1.1 Certified Agricultural Section ............................................................... 3
2.1.2 Non-Certified Section ........................................................................... 4
2.2 CERTIFIED AGRICULTURAL 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 Organic Products ................................................................................... 9
2.2.10 “No Chemical” “Pesticide Free” labeling ......................................... 9
2.3 NON-CERTIFIED SECTION ....................................................................................... 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 Shellfish ........................................ 13
TABLE OF CONTENTS
ii
2.3.6 Information Tables .............................................................................. 14
2.3.7 Farmers Market Management and Information Booths ............... 14
2.3.8 Retail ....................................................................................................... 15
2.3.9 Musical Entertainment ........................................................................ 15
2.3.10 Children’s Activities ............................................................................. 15
2.3.11 Market Sponsored Consumer Education and Outreach ............... 16
2.4 TERMS OF PARTICIPATION ...................................................................................... 16
2.4.1 Certified Producers and Producers ................................................... 16
2.4.2 Vendors .................................................................................................. 16
2.5 HOW IS STALL SPACE ALLOCATED? .................................................................... 17
2.6 “NO ASSIGNMENT” (CHANGE IN OWNERSHIP OF FARM OR
BUSINESS) .......................................................................................................................... 17
2.7 INFORMATION DISCLOSURE STATEMENT ...................................................... 18
2.8 OTHER ACTIVITIES ...................................................................................................... 18
2.8.1 Filming ................................................................................................... 18
2.8.2 Signature Gathering/petitioning/ Leafleting .................................. 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 SHEETS ................................................................................................................. 19
3.3 RATES AND FEES ........................................................................................................... 20
3.4 BILLING .............................................................................................................................. 20
3.5 PAYMENTS ........................................................................................................................ 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
TABLE OF CONTENTS
iii
3.10 DONATIONS ..................................................................................................................... 21
3.11 SALES TAX ......................................................................................................................... 21
4 HEALTH, SAFETY & CONDUCT ....................................................................................................... 23
4.1 ABSENCES ......................................................................................................................... 23
4.1.1 Prepared Food Absences .................................................................... 23
4.2 ANIMALS ............................................................................................................................ 23
4.3 CLEANING STALL SPACE........................................................................................... 23
4.4 COMMERCIAL RESALE ................................................................................................ 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 MINIMUM GRADE REQUIREMENTS .................................................................... 26
4.12 NOISE, DISTURBANCE OR INTRUSION .............................................................. 26
4.13 NON-MARKET RELATED ACTIVITIES ................................................................ 27
4.14 PARKING ............................................................................................................................ 27
4.15 PREVENTION OF HARRASSMENT 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-SELLING AND DELIVERY .............................................................................. 28
4.19 SMOKING........................................................................................................................... 28
4.20 SUBSTANCE USE ............................................................................................................. 28
4.21 OVER RIPE ........................................................................................................................ 28
5 SETUP & DISPLAY ................................................................................................................................... 29
5.1 STALL LAYOUT ............................................................................................................... 29
5.2 WEIGHTS AND MEASURES ....................................................................................... 29
5.3 LABELING & DISPLAY ................................................................................................. 29
5.3.1 Closed or sealed containers ................................................................ 30
TABLE OF CONTENTS
iv
5.3.2 Prices ...................................................................................................... 30
5.3.3 Organic Labeling .................................................................................. 31
5.3.4 Signs and Posting ................................................................................. 31
5.3.5 Growing Practices Disclosure ............................................................ 31
5.3.6 Sustainability .......................................................................................... 32
5.4 SETUP & BREAKDOWN TIMES ................................................................................ 32
6 AUDIT PROGRAM ................................................................................................................................... 33
6.1 STALL SALES AUDITS ................................................................................................... 33
6.2 FARM AUDITS .................................................................................................................. 33
6.3 MYSTERY SHOPPER ...................................................................................................... 34
6.4 AUDIT PROGRAM PARTICIPATION ...................................................................... 34
7 MARKET VIOLATIONS ......................................................................................................................... 36
7.1 ENFORCEMENT AND DUE PROCESS .................................................................. 39
7.2 DISMISSALS ....................................................................................................................... 39
7.3 FINES, SUSPENSIONS AND EXPULSIONS .......................................................... 40
7.3.1 Office conference ................................................................................. 40
7.3.2 Final Farmer’s Market Enforcement Action ................................... 40
7.4 APPEALS AND ADMINISTRATIVE HEARINGS................................................. 40
GLOSSARY OF TERMS .................................................................................................................................... II
MARKET HOURS AND DAYS ....................................................................................................................... 1
RATES AND FEES .............................................................................................................................................. 2
NURSERY STOCK ............................................................................................................................................... 3
A Brief History
Stablished July 15, 1981, the Santa Monica Certified Farmers Markets (SMFMs) 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 Certified Farmers’ Markets (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 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 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 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 Participants
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.
E
AUTHORITY TO OPERATE
1
1 Authority to Operate
Authority to operate is granted by the State of California, the Los Angeles County Departments of
Health and Agriculture/Weights and Measures and the City of Santa Monica, hereafter referred to as
the City. These rules were adopted by the City of Santa Monica Council May 25, 2010 and
subsequently updated March 20, 2012 and May ___ 2013.
MFMs 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 producers are expected to be familiar with
the current Direct Marketing Regulations and these Rules, Regulations and Policy Guide
(hereafter referred to as “The Rules”).
In addition to the CFMs, adjacent non-certified activities are operated under the
authority of these rules and the City.
The purpose of The Rules is to govern the operation, administration and management
of all farmers’ markets under control of the City. As set forth by the Direct Marketing
Regulations, all organizations managing CFMs are required to establish rules and
regulations. The organizations’ rules and regulations may be more stringent than those
established by 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 implement and enforce all Rules,
Regulations and Policy pertaining to the operation and management of any Santa
Monica Farmers Market (SMFM) in a fair and equitable manner.
Chapter 1
S
PARTICIPATION
3
2 Participation
This section answers the questions of how the SMFMs are organized, who may sell at the market, what
products may be sold, how to apply, what permits are required to sell, how participation is determined and
how stall spaces are allocated. All products and services at the SMFMs must have the prior approval of
the SMFMs management and are subject to available space.
2.1 SMFMS ORGANIZATION AND LAYOUT
Each market is divided into two sections: the Certified Agricultural section and the
Non-Certified Section.
2.1.1 Certified Agricultural Section
Certified agricultural products and Non-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
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, 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 Agricultural Products include all certified agricultural
products that have been processed and include those products other than
certified agricultural products noted in CCR 1392.2(l)…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.
Chapter 2
PARTICIPATION
4
2.1.2 Non-Certified Section
Non-certifiable Processed Agricultural Products, Prepared and Pre-packaged Food, Retail, and
entertainment are located in the Non-Certified Section of the market and must be
designated as such.
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.
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. Entertainment: Musical entertainment, children’s art activities, balloon
twisters, face painting.
2.2 CERTIFIED AGRICULTURAL SECTION
Any California farmer who owns, leases or rents 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 Certified Producers' Certificate (CPC) listing Los
Angeles County as an "Authorized County". (Second
Certificate requirements reference section 2.2.6)
• City of Santa Monica Business License
• All leases and agreements between market participants and third parties.
• Map of Growing Ground with supporting photographs.
PARTICIPATION
5
• Apiary registration (if selling honey).
• Avocado exemption permit or proof of inspection (if selling avocados).
• Organic registration and certification.
• Annual Health permit for processing facility.
• Board of Equalization Permit (for taxable products).
SMFMs management may require the certified producer or 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. SMFMs 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 SMFMs.
• Products may not contain genetically modified ingredients or be grown
from genetically engineered seeds.
• Product mix - products are admitted to the SMFMs with adequate variety
to ensure a wide product mix and to fulfill consumer demand without
creating a surfeit (glut) of any one product.
• Desirability of crops - crops which are in demand, are one-of-a-kind or of
exceptional quality or uniqueness, are preferred over crops already in
sufficient supply at the market.
• 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.
PARTICIPATION
6
• Preference is given to producers who follow sustainable farming practices.
Sustainable farming takes into account proximity to market, which for
CFM purposes are all crops grown in California. Sustainable farming
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
farming practices also include fair wages for workers and humane
treatment of farm 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 SMFMs at the
original time 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 SMFMs.
• 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.certifiedhumane.org).
• Only farmstead cheeses (made by the producer) may be sold at the
SMFMs. Cheese and processed milk products sold at the Santa Monica
Farmers Markets SMFMs must come from the milk of animals that are
owned by the Producer. Proof of ownership of dairy animals must
consist of but is not limited to one or more of the following documents:
(1) Market Milk Permit
(2) Farm Inspection Report
(3) Grade A (or B) permit for milk production
PARTICIPATION
7
(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 has
performed propagation, germination, planting of cuttings, or division work.
• Products sold must be a higher value than the container in which they are
sold.
• Certified producers shall not purchase plants for the sole and immediate
intent to resell them without sufficient propagation or growing time. See
Attachment III.
2.2.5 Additional Selection Criteria: Producers of Fish and Shellfish
Aquaculture operators who sell products from controlled ponds or waters are
considered non-certifiable agricultural producers and may sell in the certified section of
the market. Aquaculture operators are required to submit to SMFMs current
documentation that verifies production including, but not limited to the following:
• California Department of Health Services Shellfish Growing 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
Second certificates (certified producers selling certified agricultural products on behalf of
one other certified producer) are admitted to the SMFMs based on the criteria listed in
section 2.2.2, in compliance with 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
8
• The name of the certified producer who is selling the products of another
certified producer shall appear on the certificate of the person for whom
he/she is selling. [CR1392.4(g)(4)].
• The certified producer selling for another certified producer shall be selling
or offering for sale certified agricultural products which he/she has
produced and which are greater than the amount by volume offered for
sale for the other certified producer at the beginning of each day of sale.
[CR1392.4(g)(5)].
• A certified producer who sells certified agricultural products on behalf of
another certified producer or whose products are sold by another certified
producer at the SMFMs shall keep for a period of not less than three years,
the following documentation: [CR1392(g)(9)].
(1) Date and amount of products transferred by variety.
(2) Date and amount of products sold by variety.
(3) Names of both certified producers involved.
• 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 payments. Certified producers may only sell for or
be represented by one additional certified producer in any 12-month
period. If absentee farmer is unable to identify the quantity or identity of
their crop(s) being sold at the market, that producers selling privileges will
be revoked.
2.2.7 Partnerships
Certified producers in partnership, with sharecropping agreements or similar contracts as
described in CR1392.9.1 who are issued a CPC are subject to the same regulations and
restrictions and application procedures as listed in sections 2.2.2 and 2.2.6 of The
Rules.
PARTICIPATION
9
2.2.8 Growing Practices
All certified producers, including certified organic farmers, are required to submit a
Growing Practices Information Form that lists the methods used to control weeds, pests, soil
fertility and visual appearance of their produce. Growing Practices Information forms
are available for review by customers. Certified producers and producers are
responsible for keeping Growing Practices Information forms current and accurate.
2.2.9 Organic Products
Certified producers selling organic products in California must comply with the
California Organic Products Act of 2003 (COPA), effective January 1, 2003.
Certified producers engaged in the production of agricultural products sold as 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 then annually
renew their registration with the secretary of the Department of Food and Agriculture
unless no longer engaged in activities requiring registration [COPA 46013.1 (a)]. All
products sold as organic in CFMs shall be certified by a federally accredited certifying
agent registered with the secretary of the California Department of Food and
Agriculture (CDFA). Federal organic accreditation remains in effect until it is revoked
or the farmer withdraws from the organic certification program.
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, 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 with a physical barrier, and non-organic
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 SMFMs. The farm
address and the gross sales figures may be redacted for purposes of privacy.1
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
1 California Organic Products Act of 2003, National Organic Program.
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shall be fully disclosed. The term “No Spray” may not be used since it is vague and
misleading.
2.3 NON-CERTIFIED SECTION
Applicants may visit the SMFMs website year round to register as a vendor and will be
notified when the application periods opens.
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 producer's claim to
growing the primary ingredients in Non-certifiable Processed Products.
Certified producers of non-certifiable processed agricultural products are subject to the
same documentation and selection criteria as certified producers Section 2.2.
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 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.
The Main 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.
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 Equalization Permit (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)
Non-Certified Section
The non-certified section is established by the
SMFMs to provide ancillary activities
products and services that enhance the market
ambiance.
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Prepared and Pre-packaged food vendors may with apply with their desired menu
through a Request for Proposal (RFP) 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
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 Pre-packaged food applicants
includes five areas of evaluation.
• Business Location
o First preference given to applicants whose established restaurant
resides within the local business district of the market to which they
are applying.
o Second preference given to applicants whose established restaurant
resides within the City of Santa Monica.
o Third preference given to applicants with businesses outside the City
of Santa Monica.
• Ingredient Sourcing
o Products sold at the market must be homemade (rather than
purchased fully processed and re-sold) and that incorporate ingredients
which are:
o Grown in California
o Organic
o Fair trade
o Free range and grass fed meats
o Wild-caught or local seafood from sustainably managed fisheries
o Purchased from SMFMs certified producers (farmers).
• Sustainability
Environmental Sustainability. Evaluated through substantiated business
practices and green certifications such as the Sustainable Work Business
Greening program.
o Waste
Composting
Recycling
o Water
Water saving measures
o Toxic Chemicals
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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
• Experience
o First preference is given to applicants with experience participating in
outdoor event food preparation and sales.
o 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 Farmers’ 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 remaining spaces. When fewer Main
Street businesses apply than available reserved spaces, such spaces will be available for
the general applicant pool.
2.3.3 Featured Restaurants
Market management may create a Featured Restaurant program at the SMFMs to allow
one food establishment per week from the local business district to sell prepared foods
listed on their established restaurant 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-three month quarters,
with other qualified applicants in equal proportion.
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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 the
Monterey Bay Aquariums Seafood Watch program.
Wild caught seafood and shellfish vendors must obtain
and present appropriate documentation which may
include, but is not limited to:
• DMV Boat registration.
• Commercial California fishing license issued by the California Department
of Fish and Game.
• Boat registration issued by the California Department of Fish and Game.
• Processers and Handlers Permit issued by the California Department of
Fish and Game.
• Landing Receipts.
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• 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 fishmongers who contract directly with people
who fish.
• Any fish or shellfish purchased at a commercial/wholesale fish market is
not allowed to be sold at the SMFMs.
• Seafood or seafood products made from species that are overfished or
unsustainably farmed as identified by the Monterey Bay Aquarium’s
Seafood Watch program will not be admitted to the SMFMs.
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
(CalFresh/EBT) (will be labeled with city logo).
4. Market promotional items such as bags, aprons and cookbook.
PARTICIPATION
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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 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. 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
Request for Qualification (RFQ). 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. Bands are limited to four
performers per band and shall perform in a designated location. Performers are
selected in order of application. If more performers 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
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include, pony rides, arts and crafts activities, face painters, and performers.
Children’s activity performers may apply to participate at SMFMs by submitting the
Children’s Activity interest form found on the SMFMs 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
SMFMs management provide Market Sponsored Consumer Education that is intended
to promote healthy eating, support California farming and sustainability and may
include, but is not limited to Ask the Dietitian, the Master Gardeners, speaker panels,
school tours and chef demonstrations.
2.4 TERMS OF 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 line is a good fit, certified producers and
producers will 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 RFP or RFQ
process will be set forth in a selling agreements and/or contract. Contract terms,
number and type of vendors will be set with each RFP or RFQ. If a vendor is unable
to fulfill the terms 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
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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 STALL SPACE ALLOCATED?
Market participants are granted one selling space and may not occupy two separate
selling spaces or sell outside their assigned space under the same CPC. Every effort is
made to assign permanent space locations to market participants. This ensures
continuity, which is beneficial to the market participant and to the overall operation of
the market. Occasionally changes must be made in stall assignment location. Such
decisions are 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 “NO ASSIGNMENT” (CHANGE IN OWNERSHIP OF FARM OR BUSINESS)
There is no assignment of a selling space in the market in the event a participating farm
or business is sold. New owners must apply for a selling space and will be considered
in accordance with criteria set forth in this chapter.
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2.7 INFORMATION DISCLOSURE STATEMENT
Many records maintained by the SMFMs 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 information shared may
complete a “non-release” form.
2.8 OTHER ACTIVITIES
All SMFMs are open to the public. As such,
they attract a variety of activities not related to
the SMFMs mission. The most common
activities and the rules which regulate these
activities are listed below:
2.8.1 Filming
Filming is allowed with prior approval from
SMFM management and a valid film permit
issued by the City’s Film Permit 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 within the markets.
Soliciting/Panhandling
These activities are protected by First
Amendment rights governing free speech and
public access. Anyone engaging in these
activities is asked to keep the public area free
of discarded literature and must comply with
City of Santa Monica Municipal Code
4.54.020 which prohibits “aggressive
solicitation” such as blocking passage,
following a person who has declined to make
a donation or approaching customers who
are waiting in line.
DOLLARS AND CENTS
19
3 Dollars and Cents
This section presents information about stall and other fees & billing, taxes, payments credits and prices.
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
All market participants are expected to be accurate in all monetary transactions. It is
advisable that each farmer have in place a cash handling system. Disputes over
monetary transactions may be mediated on a case by case basis by 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 full monetary refund or replacement of equal value when purchases are
disputed. Return or exchange policy shall be posted in writing at the stall.
3.2 LOAD SHEETS
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 commodity group. SMFMs
management will monitor sales reporting as necessary to check for accuracy.
Chapter 3
DOLLARS AND CENTS
20
3.3 RATES AND FEES
Schedule of fees is shown Attachment II.
3.4 BILLING
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.
3.6 DELINQUENT ACCOUNTS
Payments are due upon receipt. If payment is not received
within 30 days from the date of the invoice, account becomes past due. Please see
Chapter 7, table 4 for a schedule of payment violation policies and penalties.
3.7 RETURNED CHECKS
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.
3.8 CREDITS
Market participants will receive credits toward their stall fees for a variety of items,
including food stamps, Farmers’ Market Nutrition Program (FMNP) 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 commodity.
3.8.1 Assistance Program Participation
Market participants (where applicable) are required to accept SMFMs tokens issued for
food stamps (CalFresh) and Women Infants and Children (WIC), FMNP, and Senior
Nutrition Farmers’ Market Program (SFMNP), and must adhere to all assistance program
participation rules and guidelines. As change cannot be given, producers are expected
to assist WIC and CalFresh customers by providing produce in $1 or $2 increments.
3.9 OTHER COUPONS
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 SMFMs Information Stalls. Credit vouchers must be reported as income and
Sales Monitoring
To read more about sales monitoring, stall or
farm audits and violation penalties, please see
page 10.
Rainy Day Fee Policy
Markets remain open on rainy days and stall fees
will be collected on any sales that take place.
Vendors whose rates are based on a % of sales
remain the same. Prepared and packaged food
vendors will have a 50% reduced stall fee when
average farmer sales are down by 40% or more
from the average annual sales of the previous year.
DOLLARS AND CENTS
21
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 SALES TAX
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.
HEALTH, SAFETY & CONDUCT
23
4 Health, Safety &
Conduct
This section describes standards for health, safety and professional conduct expected of all market
participants. Violations of these standards are set forth in section 7 Market Violations page 36.
4.1 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 suspension from the following
market.
4.1.1 Prepared Food Absences
Prepared and packaged food vendors are allowed three excused absences per year for
any reason including but not limited to: weather conditions, vacations, illness, staffing,
etc. Market fees will be waived for excused absences. Beyond these absences,
Prepared and Packaged 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.
4.3 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 the
Chapter 4
HEALTH, SAFETY & CONDUCT
24
pavement from drips from any part of a market participant’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 (from sampling set up or flower buckets, etc.) in the
sewer system at the close of market day. Waste water may not be dumped in
the street, in planters or in storm drains. [City Codes 7.16.020, 7.10.040 and
5.20.010].
• 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.
At the 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.
4.4 COMMERCIAL RESALE
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 Quantity (IRQ) 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. Commercial 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 IRQ.
Cleaning Violation
Market participants who do not clean
their stall space to market standards
may be subject to violations and fines.
See section 7 Market Violations
page 36.
HEALTH, SAFETY & CONDUCT
25
4.5 COURTEOUS CONDUCT
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
Market Violation 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 CUSTOMER ADVISORIES
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.
4.7 DECEPTIVE PACK
Pre-packed items must clearly indicate the representative size and
quality of all items in the container offered for sale.
4.8 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 CODE COMPLIANCE
The activities at a CFM 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 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 clearly
labeled with the following information
Complaints
Complaint forms are available at
the market. SMFMs management
will try to respond to customer
complaints with two weeks of
receipt.
Quality of Product
Santa Monica Farmers Markets are dedicated to
offering the best quality produce.
HEALTH, SAFETY & CONDUCT
26
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 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 may occur
provided follow 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 45o.
7. Processed products such as dried fruits and salad mix must be covered or
clearly marked with a sign stating “wash before consuming”
4.11 MINIMUM GRADE REQUIREMENTS
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 run" or better quality range.
Containers of culls only will not be permitted for sale unless the producer is also selling
the same product at a "field run" standard or better. Culls must be clearly labeled as
"culls", "overripe", "canning grade" and priced accordingly. Any product not meeting
USDA minimum quality standards may not be sold at any price at SMFMs.
Produce offered for sale in containers or packs must not exceed California Department
of Food and Agriculture (CDFA) tolerance for spoilage and waste.
4.12 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 prohibited. No bicycling, skateboarding, roller-
skating, or riding of scooters is permitted in SMFMs.
HEALTH, SAFETY & CONDUCT
27
4.13 NON-MARKET RELATED ACTIVITIES
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 minimum 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 SMFMs.
4.14 PARKING
When possible, market participants will be provided vehicle parking at their stall space.
When space is not available, market participants must park off-site in designated off-
site market participant parking. Market participants and their employees shall not park
vehicles or trailers in lots or at meters adjacent to the Saturday Pico Market or the
Sunday Main Street Market. Upon closing, market participant vehicles must be moved
to accommodate 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.
4.15 PREVENTION OF HARRASSMENT IN THE WORKPLACE
Market participants must comply with the California Department of Fair Employment
and Housing Guidelines on the Prevention of Harassment in the Workplace.
4.16 PUNCTUALITY
Market participants are expected to arrive on time. To ensure safety, market
participants arriving late must be escorted into the market by authorized personnel or
may be asked to leave their vehicle outside the market boundaries and walk their
product into the market.
4.17 SAMPLING
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 100o 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)
HEALTH, SAFETY & CONDUCT
28
8. 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 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-SELLING AND DELIVERY
Market participants are prohibited from selling and/or distributing products at SMFMs
which have not been previously approved by market management.
4.19 SMOKING
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 fines of up to $250 issued by the City of Santa Monica Police. Market
participants, who smoke, must wash their hands prior to returning to their stall.
4.20 SUBSTANCE USE
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.
4.21 OVER RIPE
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
29
5 Setup & Display
This section discusses stall set up and breakdown times, layout and labeling and display requirements. It is
the goal of the SMFMs to have a safe and aesthetically pleasing market.
5.1 STALL LAYOUT
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 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
discontinue sales until set up is corrected.
5.2 WEIGHTS AND MEASURES
When any product is sold by weight, the scale used must be approved, tested and
sealed by the County Agricultural Commissioner, Sealer of Weights and Measures.
Every scale in use at SMFMs 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 LABELING & DISPLAY
Market participants are encouraged to create attractive displays.
Chapter 5
SETUP & DISPLAY
30
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 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 FACILITY shall bear a
label that complies with the labeling requirements prescribed
by the Sherman Food, Drug, and Cosmetic Law (Part 5
(commencing with Section 109875)), 21C.F.R. 101-Food
Labeling, 9 C.F.R. 317-Labeling, Marking Devices, and
Containers, and 9 C.F.R. 381-Subpart N Labeling and
Containers, and as specified under Sections 114039 and
114039.1.
Label information shall include the following:
1. The common name of the food, or absent a
common name, an adequately descriptive identity statement.
2. If made from two or more ingredients, a list of ingredients in descending
order of predominance by weight, including a declaration of artificial color
or flavor and chemical preservatives, if contained in the FOOD.
3. An accurate declaration of the quantity of contents.
4. The name and place of business of the manufacturer, packer, or
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 laws.
SETUP & DISPLAY
31
5.3.3 Organic Labeling
Certified producers who claim their produce is “organic” either in signs or in verbal
claims, must be Certified and Registered Organic. A copy of the certification and
registration must be posted at the stand. Portions containing sales information and
personal contact may be redacted for privacy purposes.
5.3.4 Signs and Posting
During selling hours the following documents, where applicable, shall be conspicuously
posted at the point of sale:
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 list
"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, 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.
8. Other signs required by SMFMs management such as “WIC”,
“EBT/CalFresh” 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.
SETUP & DISPLAY
32
5.3.5.1 No spray
The term “No spray” is not allowed at the SMFMs as it is vague misleading.
5.3.5.2 No Pesticides or chemical free
Claims of “no pesticides” or “chemical free” must be substantiated by accurate
reporting on your growing practices information form.
5.3.6 Sustainability
Market participants shall comply with the City sustainability programs and initiatives
which include, but are not limited to the Zero Waste Program, the Single-Use Carryout
Bag Ban and the Expanded Polystyrene Ban. Market participants are also required to
comply with additional sustainability programs which may be initiated by SMFMs.
5.4 SETUP & BREAKDOWN TIMES
SMFMs hours are as stipulated by each market. No market participant may sell prior
to market opening or after the market is closed. SMFMs management may open or
close the market early if extreme threatening or inclement weather conditions exist or
on certain holidays.
AUDIT PROGRAM
33
6 Audit Program
SMFMs are known for high quality and unique products. To ensure the integrity of SMFMs and
products sold, the following comprehensive audit program includes stall sales audits and farm visits.
6.1 STALL SALES AUDITS
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 the stall to record sales transactions and report total
sales at the end of the day to SMFMs management. Market participants who are being
audited are expected to 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 Farmers Market Procedural Guide (available upon
request).
Penalties for discrepancies in sales reporting are outlined in Section 7 Market
Violations.
6.2 FARM AUDITS
Farm Audits are conducted by SMFMs management to verify that the products being
sold at SMFMs are in production at the certified location and in accordance with the
provisions of the Direct Marketing Regulations2.
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.
2 California Code of Regulations, Article 6.5 Direct Marketing, Section 1392 – 1392.1.
Chapter 6
AUDIT PROGRAM
34
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 Farm Audits based on, but not
limited to the following circumstances:
2. When a certified producer or producer first applies to the SMFMs.
3. When information is received requiring field verification.
4. As part of the normal audit cycle.
6.3 MYSTERY SHOPPER
SMFMs management may utilize mystery shoppers to verify accuracy and integrity in
all sales transactions.
6.4 AUDIT PROGRAM PARTICIPATION
Market participants, shall cooperate requests by with SMFM Management for stall sales
audits or farm 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 with reinstatement of selling privileges contingent
upon a hearing.
Market participants are responsible for keeping market management apprised of
current address and phone numbers.
MARKET VIOLATIONS
36
7 Market Violations
Santa Monica Farmers Markets follow an open and fair due process in all matters pertaining to reporting
and investigating market violations.
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 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 expulsion at all SMFMs. Market participants
are responsible for the actions of their employees.
All violations will be noted to the market participants file.
Table 1: Market Violations - Schedule A
Violations listed in Schedule A, are grounds for immediate dismissal and expulsion from the market.
Violation
7.1A Producers selling product not of their own production
7.2A Physical violence or threatening behavior to anyone
7.3A Rude, abusive, insulting, disruptive or threatening language
7.4A Under the influence of drugs or alcohol
7.5A Refusal to participate in the stall or farm audit programs
Chapter 7
MARKET VIOLATIONS
37
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 1st Offense 2nd Offense 3rd Offense
7.1B
Non-compliance with
local health department
regulations
Oral reprimand immediate
corrective action
Oral reprimand immediate
corrective action
1 day suspension from all
SMFMs
7.2B Selling product not
listed on CPC
Oral reprimand immediate
corrective action
Oral reprimand immediate
corrective action
1 day suspension from all
SMFMs
7.3B Selling product not in
selling agreement
Oral reprimand immediate
corrective action
Oral reprimand immediate
corrective action
1 day suspension from all
SMFMs
7.4B False Organic
Marketing
Oral reprimand immediate
corrective action. 3
Oral reprimand immediate
corrective action
1 day suspension from all
SMFMs
7.5B Culls, poor quality,
overripe
Oral reprimand immediate
corrective action.
Oral reprimand immediate
corrective action
1 day suspension from all
SMFMs
7.6B
Stall Sales Audit
Discrepancy of 20%
averaged over 3 months
Oral reprimand immediate
corrective action. $250 fine $500 fine
Any combination of four (4) Schedule B violations in a 12 month period shall be cause for a 3 month suspension from SMFMs
with reinstatement of selling privileges contingent upon space available.
MARKET VIOLATIONS
38
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 1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense
7.1C
No show without
telephoning prior
to market start.3
Oral reprimand
with note to file Written violation
Written violation
with proposed
one-day
suspension
warning
1 day suspension
from the same
SMFM the
following week
1 day suspension
from all SMFMs
the following
week
7.2C Arriving after
market start time.4
Oral reprimand
with note to file
Oral reprimand
with note to file
Written violation
and correction
plan
Notice of
proposed one
day suspension
1 day suspension
from the market
the following
week
7.3C General stall set up
unsafe
Sales suspended
until set up is
correct
Sales suspended
until set up is
correct
Sales suspended
until set up is
correct
Sales suspended
until set up is
correct; written
warning
Sales suspended
until set up is
correct; warning
of one day
suspension;
correction plan
7.4C
Failure to submit
load list
Load sheets are due at the
end of each market. Load
sheets will be accepted via
fax or called in on a case by
case basis within 24 hours
after the market.
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with note to file;
written
correction plan
Compliance with
correction plan
Compliance with
correction plan
7.5C
Failure to clean
stall space or
leaving trash
behind
Oral reprimand
with note to file
Oral reprimand
with note to file
Oral reprimand
with notification
of proposed fine
$50 $100
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.
3 Emergency exception: If vendors miss a market due to an emergency, a 48 hour grace period will be
granted. However, sellers must contact the Santa Monica Farmers Market via email or voicemail within 48
hours of the market start time to avoid a violation and ensure their space for the following market.
MARKET VIOLATIONS
39
Table 4: Payment Violations
Violation
61 Days
past due
From date of
invoice
61 Days (2nd offence)
From date of invoice
61 Days (3rd offence)
From date of invoice
7.1D Failure to pay stall
fees on time
Suspension from
all markets until
balance is
brought current
within 30 days
Suspension from all markets until
balance is brought current within 30
days
Suspension from all markets until
balance is paid in full, including
current month’s balance. Thereafter,
required to pay stall fees weekly. .
7.2D Check returned due to
insufficient funds
$25.00 returned check fee for 1st occurrence, $35.00 for all subsequent occurrences. All future fees
must paid via certified check or money order
7.3D Failure to comply with
weekly payment plan suspension from all markets until account is brought current
7.1 ENFORCEMENT AND 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.
7.2 DISMISSALS
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 the right to resume
operations at all SMFMs.
Any conditions imposed 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 with the required conditions.
MARKET VIOLATIONS
40
7.3 FINES, SUSPENSIONS AND EXPULSIONS
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 finaled 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
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 finaled.
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.
7.4 APPEALS AND ADMINISTRATIVE HEARINGS
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.
MARKET VIOLATIONS
41
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 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.
GLOSSARY OF TERMS
Glossary of Terms
This glossary of terms is provided to define terms used throughout this document for the purpose of
providing clarity and consistency. The first time glossary terms appear in The Rules they will be italicized.
Many of the definitions are taken verbatim from California Code of Regulations, Article 6.5 Direct
Marketing, section 1392.2 Definitions. These definitions are indicated with an asterisk.
CDFA California Department of Food and Agriculture.
Certified Agricultural Products * Agricultural products, which are certified under the jurisdiction of the county agricultural
commissioner relative to inspection and verification of compliance with the provisions of the
Barclays California Code of Regulations, Article 6.5, include fresh fruits, nuts, vegetables, shell
eggs, honey, cut flowers and nursery stock. [CURFFL 27512 and CCR 1392.2(k)]
Certified Farmers Market (CFM) * A location approved by the county agricultural commissioner of that county where agricultural
products are sold by producers or certified producers directly to consumers. A certified
farmers’ market may be operated by one or more certified producers, by a nonprofit
organization, or by a local government agency. [CCR 1392.2(a)]
Certified Producer (farmer) * A producer authorized by the county agricultural commissioner to sell certified agricultural
products, produced by practice of the agricultural arts upon land which the certified producer
controls (land that the producer or certified producer farms and owns, rents, leases or
sharecrops), directly to consumers at a certified farmers’ market. “Certified producer” does
not mean "Certified Organic." [CCR 1392.2(e)]
Certified Producers Certificate (CPC)* A certificate issued by the County Agricultural Commissioner authorizing the transportation
and sale of certified agricultural products. CPCs list all products grown by a certified producer
as well as the growing location and acreage, projected yields and harvest seasons. [CCR
1392.2(f)]
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 4, 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 impose
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, farmers’ markets are required to
use a scrip system. At the SMFMs Scrip is a currency, in the form wooden tokens designed by
the SMFMs name in denominations of $1.00. Clients can use their EBT card to purchase
scrip from the market at a central location and then use the scrip to purchase eligible food
items from farmers at the market. At the end of the day, farmers are reimbursed by the market
for the amount of scrip they received.
GLOSSARY OF TERMS
Employee* Any person employed by a certified producer at a regular salary or wage; on either a full or
part time basis. It does not include a person who is reselling or whose compensation is
primarily based on a commission of sales. [CCR 1392.2(j)]
Expulsion Market participants, who are expelled, are prohibited from selling at SMFMs permanently
Immediate Family Parents, children, grandparents, grandchildren of the certified producer or a family member
regularly residing in the certified producer’s household. [CCR 1392.2-(i)]
Identity, Responsibility and Quantity
(IRQ)
1. A declaration of identity that is the common or usual name of the commodity.
2. A declaration of responsibility that includes the name, address, and zip code of the
producer.
3. A declaration of the quantity of the commodity
Load Sheet Form used by farmers’ market participants to report market sales.
Management Any representative of the City of Santa Monica authorized to enforce these rules
Market Participant(s) Term used to refer to producers and vendors together.
Non-certifiable Agricultural Products Any agricultural product which is not certified by the California Agricultural Commissioner.
Products include: juice, jams and jellies, dried fruits and vegetables, shelled or roasted nuts,
fish and seafood, poultry and poultry products, livestock and livestock products and dairy.
[CURFFL 27512 and CCR 1392.2-(m)]
Non-certifiable Processed Agricultural
Product
Processed food products where the primary ingredient(s) are grown by a Certified producer
but where the finished product is not certifiable by the County Agricultural Commissioner due
to the addition of ingredients not produced by the Certified producer.
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.
Producer A person or entity who produces agricultural products by practices of the agricultural arts
upon land which the person or entity controls. [CCR 1392.2-(d)]
Request for Proposal (RFP) Application form used to apply for Non-certified stall space.
Request for Qualification (RFQ) Application form used for entertainment to illustrate experience and express interest.
Second Certificate A CPC may include the name of a second farmer who has permitted the first farmer to sell the
second farmers’ produce. The CPCs will have both farmers; names and addresses listed on
them permitting this business relationship.
SMFM(s) Santa Monica Certified Farmers Market(s)
Farmers’ Market Nutrition Program for
Women Infants and Children
(FMNP/WIC)
Established by Congress in 1992 and administered by the California Department of Health,
the FMNP provides coupons for WIC participants which can be used to purchase a variety of
fresh fruits and vegetables at Certified Farmers’ Markets not provided in the WIC food
package and allows participants to purchase these foods.
Senior Farmers’ Market Nutrition The SFMNP is administered by the California Department of Aging and provides coupons to
GLOSSARY OF TERMS
Program (SFMNP) low-income seniors that can be used to purchase fresh fruits, vegetables and herbs at certified
farmers markets during May through November. Small family farmers that sell produce at
certified farmers markets receive all cash from the program.
Suspension A defined period of time where Market Participants are prohibited from selling at one, many
or all SMFMs.
Vendor Any market participant in the market selling Non-certified products including retail, prepared
foods, or processed food.
MARKET HOURS AND DAYS
Market Hours and Days
Market hours and days are subject to change under the sole authority and discretion of the City Manager
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 -1pm
Opened: May 8, 1991
Virginia Avenue Park Farmers Market
Comer of Pico Blvd. and Cloverfield Avenue
8am - 1pm
Opened: March 14, 1992
Main Street Farmers Market
2640 Main Street at Ocean Park Blvd.
9:30am -1pm
Opened: January 15, 1995
Attachment 1
RATES AND FEES
Rates and Fees
Below please find the SMFM schedule of rates and fees for various market participants. Fees are subject to change at will by market
management. Vendors are responsible to pay fees as listed below for any sales activity that take place during the market day or portion
thereof.
Vendor Type Rate Charged
Certified Producers 4.5 % of gross sales paid to the SMFMs + $.60 legislative fee
Producers 4.5 % of gross sales paid to the SMFMs + $.60 legislative fee
Prepared and processed Agricultural 4.5 % 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
SMFMs4
$125 for first 10x10, $50 each
additional 10x10 paid to the
SMFMs5
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
4 Fees for prepared and packaged food vendors attending the Saturday Pico Farmers Market are reduced by $25.00.
5 Fees for prepared and packaged food vendors attending the Saturday Pico Farmers Market are reduced by $25.00.
Attachment 2
NURSERY STOCK
Nursery Stock
To sell nursery stock at the Santa Monica Farmers Markets certified producers must adhere to the following standards.
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-asexual (cuttings, grafting, etc.)
b. The certified producer has practiced agricultural arts upon the plants including one or
more of the following:
i. Sexual propagation using seeds. Documentation can be provided which
supports seed purchase/production.
ii. Vegetative or asexual propagation using vegetative tissues (stem, root, leaves) to
create new plants. Documentation can be provided which supports plant
purchase/production.
iii. Purchase of plants which must be transplanted to a larger container as
compared to the original and must have full root growth in the transplanted
container.
iv. Prepare plant varietals (potted arrangements of mixed plants) using only growers
own certified plants (refer to 3bI, II and/or III).
v. All certifiable plants must be labeled with at least the common name and
preferable common and botanical name.
Attachment 3
Rules, Regulations and Policy Guide
Adopted
May 25, 2010
Updated
March 20, 2012; June 11 2013, and November 13, 2018
ADMINISTRATIVE OFFICE
1901 Main Street, Suite F
Santa Monica, CA 90405
310.458.8712
www.farmersmarket.smgov.net
farmersmarket@smgov.net
WEDNESDAYS DOWNTOWN
8:00 am – 1:00 pm
Arizona Avenue and 2nd Street
SATURDAYS DOWNTOWN
8:00 am – 1:00 pm
Arizona Avenue between 3rd Court and 1st Court
SATURDAYS PICO
8:00 am to 1:00 pm
2200 Virginia Avenue
MAIN STREET SUNDAYS
8:30 am – 1:30 pm
2640 Main Street
TABLE OF CONTENTS
ii
TABLE OF CONTENTS
A BRIEF HISTORY ...................................................................................................................................................
1. AUTHORITY TO OPERATE ..................................................................................................................... 4
2. PARTICIPATION .......................................................................................................................................... 6
2.1. CERTIFIED AGRICULTURAL SECTION ...................................................................... 6
2.1.1. Required Documentation Certified Producers ............................. 7
2.1.2. Selection Criteria: Certified Producers .......................................... 7
2.1.3. Additional Selection Criteria: Meat, Poultry and Dairy .............. 9
2.1.4. Additional Selection Criteria: Nursery Stock ............................... 9
2.1.5. Additional Selection Criteria: Producers of Fish and Shellfish . 9
2.1.6. Second Certificate .............................................................................. 10
2.1.7. Probationary Period ........................................................................... 10
2.1.8. Partnerships ......................................................................................... 10
2.1.9. Organic Products ................................................................................ 10
2.1.10. “No Chemical” “Pesticide Free” labeling ..................................... 11
2.2. NON-CERTIFIED/COMMUNITY EVENT SECTION ............................................. 11
2.2.1. Wild Harvested and Foraged Agricultural Products ................. 12
2.2.2. Sellers of Wild-Caught Fish and Shellfish ..................................... 12
2.2.3. Children’s Activities ........................................................................... 13
2.2.4. Market Sponsored Consumer Education ..................................... 13
2.2.5. Prepared and Prepackaged Food Vendors ................................... 13
2.2.6. How is Stall Space Allocated? .......................................................... 14
2.2.7. Information Disclosure Statement ................................................. 15
2.2.8. Other Activities .................................................................................. 15
2.2.9. Filming and Photography................................................................... 15
2.2.10. Signature Gathering/Petitioning/ Leafleting .................................. 15
2.2.11. Product sample distribution............................................................. 15
TABLE OF CONTENTS
iii
3. DOLLARS AND CENTS .......................................................................................................................... 16
3.1. PRICES & MONEY HANDLING ................................................................................... 16
3.2. REFUNDS ............................................................................................................................ 16
3.3. LOAD SHEETS ................................................................................................................... 16
3.4. RATES AND FEES ............................................................................................................. 16
3.4.1. Rainy Day Fee Policy.......................................................................... 17
3.5. BILLING ............................................................................................................................... 17
3.6. PAYMENTS ......................................................................................................................... 17
3.6.1. Delinquent Accounts ......................................................................... 17
3.6.2. Returned Checks ................................................................................ 17
3.6.3. Credits................................................................................................... 17
3.7. ASSISTANCE PROGRAM PARTICIPATION ............................................................ 17
3.8. DONATIONS .................................................................................................................... 18
3.9. SALES TAX ......................................................................................................................... 18
4. HEALTH, SAFETY & CONDUCT ......................................................................................................... 23
4.1. ABSENCES .......................................................................................................................... 23
4.1.1. Prepared Food Absences.................................................................. 23
4.2. ANIMALS ............................................................................................................................. 23
4.3. CLEANING STALL SPACE ............................................................................................. 23
DIRECT SALES ................................................................................................................... 24
4.4. 24
4.5. COURTEOUS CONDUCT ............................................................................................ 24
4.6. CUSTOMER ADVISORIES .............................................................................................. 24
4.7. DECEPTIVE PACK ............................................................................................................ 24
4.8. HANDWASHING ............................................................................................................. 24
4.9. HEALTH CODE COMPLIANCE .................................................................................. 24
4.10. MINIMUM GRADE REQUIREMENTS ......................................................................... 25
4.11. NOISE, DISTURBANCE OR INTRUSION................................................................. 25
4.12. NON-MARKET RELATED ACTIVITIES ..................................................................... 25
4.13. PARKING ............................................................................................................................ 26
4.14. DISCRIMINATION AND HARASSMENT ................................................................. 26
4.15. PUNCTUALITY ................................................................................................................. 26
TABLE OF CONTENTS
iv
4.16. SAMPLING .......................................................................................................................... 26
4.16.1. Sampling Setup .................................................................................... 26
4.16.2. Sampling Procedures ......................................................................... 27
4.17. SIDE-SELLING AND DELIVERY ................................................................................... 27
4.18. SMOKING ........................................................................................................................... 27
4.19. SUBSTANCE USE .............................................................................................................. 27
5. SETUP & DISPLAY ..................................................................................................................................... 29
5.1. STALL LAYOUT ................................................................................................................ 29
5.2. WEIGHTS AND MEASURES ......................................................................................... 29
5.3. LABELING & DISPLAY .................................................................................................... 29
5.3.1. Prices ..................................................................................................... 30
5.4. SUSTAINABILITY .............................................................................................................. 31
5.5. SETUP & BREAKDOWN TIMES ................................................................................... 31
6. AUDIT PROGRAM .................................................................................................................................... 31
6.1. BOOTH SALES AUDITS ................................................................................................. 33
6.2. FARM AUDITS ................................................................................................................... 33
6.3. MYSTERY SHOPPER ........................................................................................................ 33
6.4. AUDIT PROGRAM PARTICIPATION ........................................................................ 33
7. MARKET VIOLATIONS ........................................................................................................................... 36
7.1. MARKET VIOLATIONS. ................................................................................................. 36
7.2. SCHEDULE A. .................................................................................................................... 36
7.3. SCHEDULE B...................................................................................................................... 37
7.4. SCHEDULE C. PAYMENT. ............................................................................................. 37
7.5. ENFORCEMENT AND DUE PROCESS ..................................................................... 38
7.5.1. Notice of Action. ................................................................................ 38
7.5.2. Office Conference .............................................................................. 38
7.5.3. Decision After Office Conference. ................................................ 38
7.6. APPEALS AND ADMINISTRATIVE HEARINGS. ..................................................... 39
7.6.1. Appeal to Hearing Examiner ........................................................... 39
7.6.2. Conduct of Hearing ........................................................................... 39
7.6.3. Decision of Hearing Examiner. ....................................................... 39
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2
A Brief History
Established July 15, 1981, the Santa Monica Certified Farmers Markets create thriving, vibrant
communities that are inclusive, connected and diverse by promoting the prosperity of California
farmers and small food businesses, preservation of the agricultural arts and sustainable food
systems. The City of Santa Monica (“City”) oversees the operation and management of four
Certified Farmers Markets (“CFM”):
Wednesday Downtown Market: The oldest farmers market in Santa Monica is held every
Wednesday from 8:00 am – 1:00 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
8:00 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 Saturday Downtown 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 Saturday Downtown Market. A complimentary
bike valet is available.
Saturday Pico Market: The Saturday Pico Farmers Market is held every Saturday from 8:00
am to 1:00 pm in Virginia Avenue Park. adjacent to the Pico Branch Library The market features
seasonal special events with Virginia Avenue Park and the Pico Branch Library, Prepared foods,
and occasional live entertainment. The Pico Farmers Market offers Market Match to eligible food
assistance customers. Each week over 3,000 customers, visit the Pico Farmers Market. A
complimentary bike valet is available.
Sunday Main Street Market: The Sunday Main Street Market is held every Sunday from 8:30
am to 1:30 pm, in the Heritage Square parking lot. In addition to California farmers, Market
Participants include 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
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Authority to operate
4
1. AUTHORITY TO OPERATE
Authority to operate a Certified Farmers Market (CFM) is granted by the State of California, the
Los Angeles County Departments of Health and Agriculture/Weights and Measures, and the City
of Santa Monica. The Santa Monica Farmers Markets are Certified Farmers Markets established
under California law to provide direct marketing of agricultural products from California Producers
to local consumers.1 By providing direct marketing of agricultural products, the Santa Monica
Farmers Markets benefit the agricultural community and the consumer by, among other things,
providing an alternative method for growers to sell their products while benefiting the consumer
by supplying quality produce at reasonable prices.2 The state regulatory framework for direct
marketing is designed to ensure agricultural products are of acceptable quality and selling activities
are conducted honestly and fairly.3 Additionally, the framework authorizes additional
nonagricultural vending activities that are ancillary but contiguous to a CFM, thereby providing a
larger community event amenity.
The Santa Monica City Council has adopted these Rules, Regulations and Policy Guide (“Rules”)
for the operation of the Santa Monica Farmers Markets (“SMFMs”). All participating Producers and
market participants are required to abide by these Rules, along with all applicable local, county,
state, federal laws and regulations (collectively, the “applicable law”)4 in effect, and as may be
amended from time to time. The City, through its SMFMs’ management and its designated agents,
shall implement and enforce all Rules pertaining to the operation the CFM in a fair and equitable
manner.
1 Cal Food and Agricultural Code, Section 47000; 3, California Code of Regulations (CCR), Sections 1392.2 (a) and 1392 et al.
2 Cal Food and Agricultural Code, Section 47000(a).
3 3, CCR, Section 1392.
4 3, CCR, , Section 1392.2(p)(local regulations are permitted to be more stringent than those established by state regulations provided they do not violate or conflict with other
relevant state laws or regulations).
Chapter 1
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PARTICIPATION
6
2. PARTICIPATION
This chapter describes how the SMFMs are organized, who may sell at the market, what products may
be sold, how to apply, which permits are required to sell, how participation is determined and how stall
spaces are allocated. Each Santa Monica Farmers Market is a CFM with each market divided into two
sections: the Certified Agricultural Section and the Non-Certified/Community Events Section.
2.1. CERTIFIED AGRICULTURAL SECTION
• The Certified Agricultural Section of each market consists of Producers and
Certified Producers (farmers) selling either Certified Agricultural Products or
Noncertifiable Agricultural Products as these terms are defined by law.5
Agricultural Product means a fresh or processed product produced in California,
including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey,
pollen, unprocessed bees wax, propolis, royal jelly, flowers, grains, nursery stock,
raw sheared wool, livestock meats, poultry meats, rabbit meats, and fish, including
shellfish that is produced under controlled conditions in the waters located in
California.6
• Producer is a person, partnership, corporation or an otherwise legally formed farm
or ranch that produces agricultural products by practice of the agricultural arts
upon land that the person or entity owns, rents, leases, sharecrops, or otherwise
controls and has the documented legal right to possession.7 A person or entity
that rents, leases, or otherwise acquires the right to possession of property
essentially for or limited to the period of the harvest season of the agricultural
products produced on that property shall not be considered a producer.8 Certified
Producer is a Producer authorized by the county agricultural commissioner to sell
Certified Agricultural Products, produced by the practice of the agricultural arts
5 Cal. Food and Agricultural Code, Section 47000.5(a); see 3 CCR, Section 1392.2.
6 California Food and Agricultural Code, Section 47000.5(a); see Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.2, “Definitions.”
7 California Food and Agricultural Code, Section 47000.5(c); see Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.2(d).
8 California Food and Agricultural Code, Section 47000.5(c).
Chapter 2
PARTICIPATION
7
upon land which the Certified Producer controls, to customers at a Certified
Farmers Market.9
• Certified Agricultural Products are Agricultural Products that are Certified under
the jurisdiction of the county agricultural commissioner relative to inspection and
verification.10 Examples of Certified Agricultural Products include fresh fruits, nuts,
vegetables, shell eggs, honey, flowers, mushroom, herbs, and nursery stock.
• Non-certifiable Agricultural Products are all Certified Agricultural Products that have
been processed, as well as dairy, pollen, unprocessed bees wax, propolis, royal
jelly, raw sheared wool, livestock meats, poultry meats, rabbit meats, and fish,
including shellfish that are produced under controlled conditions in waters located
in California.11
• Processed Agricultural Products are those Agricultural Products that have been
altered or Prepared by such means as, but not limited to, slicing, juicing, drying,
shelling, smoking, freezing or cooking; provided, however, that the seller has
produced all of the ingredients contained in the final product.12 The only
exceptions to this production requirement shall be the inclusion of food coloring,
pectin, rennin/rennet or ingredients used as preservatives, seasonings and
flavorings.
2.1.1. Required Documentation Certified Producers
The following, where applicable, must be posted at the booth during market hours
• Embossed Certified Producers ' Certificate (CPC) listing Los Angeles County as an
"Authorized County”13;
• Apiary registration;
• Avocado exemption permit or proof of inspection;
• Organic registration and certification;
• Annual Health permit for processing facility; and
• Egg Handler Registration.
2.1.2. Selection Criteria: Certified Producers
The following criteria, in no particular order, are used to evaluate potential market participants
for the Certified Section of the SMFMs.
9 Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.2(e).
10 Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.2(l).
11 Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.2(m)
12Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.2(v)
13 Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Sections 1392.2 and 1392.4.
PARTICIPATION
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• Products may not contain genetically modified ingredients or be grown from
genetically engineered seeds.
• Product mix - products are admitted to the SMFMs with adequate variety to
ensure a wide product mix and to fulfill consumer demand without creating a
surfeit (glut) of any one product.
• Desirability of crops - crops which are in demand, are one-of-a-kind or of
exceptional quality or uniqueness, are preferred over crops already in sufficient
supply at the market.
• 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 rather than 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.
• Preference is given to Producers who follow sustainable farming practices.
Sustainable farming practices include organic ( as Certified 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, as well as biodynamic farming methods.
.Sustainable farming practices also include fair wages for workers and humane
treatment of farm animals.
• Preference is given to growers with no prior violations of the Certified farmers
markets program.
• Preference is given to farms that are locally owned by individuals as opposed to
corporate farms that are controlled by individuals or entities not located near the
farm and that are operated by farm management companies.
SMFMs 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. SMFMs
management may verify information from other market managers or industry organizations
outside the City.
PARTICIPATION
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2.1.3. Additional Selection Criteria: Meat, Poultry and Dairy
• All meat sold at the SMFMs must be processed at a United States Department of
Agriculture (USDA) facility. Chicken falls under California Department of Food
and Agriculture oversight when more than 20,000 chickens per year are processed
at one facility.
• No livestock, meat, or dairy goods in which the pre-emptive use of hormones or
antibiotics is used. The use of rBGH (bovine growth hormone) is not accepted.
• 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.Certifiedhumane.org) or similar organizations.
• Only farmstead dairy products (made by the producer) processed on the farm and
made from the milk of animals that are owned by the Producer are permitted.
Proof of ownership of dairy animals must consist of but is not limited to one or
more of the following documents:
i. Market Milk Permit
ii. Farm Inspection Report
iii. Grade A (or B) permit for milk production
iv. Tuberculosis Test Record
v. Producers /Handlers/Processors Application and Registration
2.1.4. Additional Selection Criteria: Nursery Stock
Nursery Stock consists of potted plants, trees or nursery starts where the seller has performed
propagation, germination, planting of cuttings, or division work.
• Products sold must be a higher value than the container in which they are sold.
• Certified Producers shall not purchase plants for the sole and immediate intent to
resell them without sufficient propagation or growing time.
2.1.5. 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 provide 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;
PARTICIPATION
10
• State of California Department of Health Services Food and Drug Branch Shellfish
Handling and Marketing Certificate;
2.1.6. Second Certificate
Second certificates (Certified Producers selling Certified agricultural products on behalf of one
other Certified producer) are admitted to the SMFMs based on the criteria listed for Certified
Producers . The Producer carrying product for another Producer on a second certificate must
have agricultural products in greater volume, measured by weight or dollar amount, than the
other Certified Producer as measured at the beginning of the sales day 14. A Certified Producer
shall not represent, or be represented by more than one other Certified Producer in a 12-month
period.
• Second certificate holders will be given one selling season’s notice if their product
is no longer needed at the market
• Each Certified Producer will receive a separate load sheet and is individually
responsible for stall fee payments. If the absentee (second certificate) farmer is
unable to identify the quantity or identity of their crop(s) being sold at the market,
that producer’s selling privileges shall be revoked.
2.1.7. Probationary Period
Once selected first time Certified Producers and Producers will be offered a three-month
probationary participation agreement Provided there are no notices of violation during the three-
month period Certified Producers and Producers will be awarded a participation agreement.
Farmers wishing to add a product to their product mix that was not included in their original
participation agreement must apply to do so.
2.1.8. Partnerships
A partnership is a separate entity distinct from its individual members. As a separate entity, a
partnership must obtain a Certified Producers certificate to market its Agricultural Products. Such
Agricultural Products shall be produced by practice of the agricultural arts upon land that the
partnership, as a separate entity, exclusively controls.15
2.1.9. Organic Products
Any product sold as organic must post have a current Organic Registration from the state of
California and an Organic Certification from an approved third-party organic certifying
organization. No representation of organic production, either written or verbal may be used by
a Producer who does not have organic certification and registration documentation. These
documents must be posted during sales hours. posted in their booth.
14 3 CCR, Section 1392.4
15 3 CCR, Sections 1392.2(s) and 1393.9.1.
PARTICIPATION
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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 with a physical barrier, and non-organic produce must be clearly labeled and identified
as such by means of a sign stating “Non Organic” in letters at least 2” high.
... “o hemical”“esticide ree”labeling
Certified Producers may use the terms “No Chemical” and “Pesticide Free” to advertise their
products. The term “No Spray” may not be used since it is vague and misleading.
2.2. NON-CERTIFIED/COMMUNITY EVENT SECTION
• All products other than Certified and Non-certifiable Agricultural Products shall be
located in the Non-Certified/Community Event Section of the market. This section
includes the Non-certifiable Processed Agricultural Products, Prepared and Pre-
packaged Food, Retail, and entertainment, and other items as may be approved by
the Market Manager from time to time. 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 but
contain additional ingredients not grown by the farmer. These include stuffed
olives.
• Non-Certified Agricultural Products are Agricultural Products collected or foraged on
land or in water not under the Producer’s control. Examples in wild mushrooms
harvested on federal or public lands, and wild caught seafood.
• 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 coffee, breads, pastry and sandwiches. Prepared Food is Prepared on site and
includes omelets, burritos and pancakes.
• Retail: Retail products are permitted in the Little Main Street section of the Sunday
Main Street Farmers Market or in an area designated by market management. and
may include clothing, accessories, pottery, books, art, home goods. Retail
products do not include any food products.
• Entertainment: Musical entertainment, children’s art activities, balloon twisters,
face painting or other activities as approved by the SMFMs.
• Featured Restaurant: Restaurants and catering companies that are located in Santa
Monica or that serve food that is wholly sourced from California farmers who
participate in the Santa Monica Farmers Markets.
• Tabling: Table or booth space at SMFMs is provided only for City departments and
programs
• Market Manager/Information Booth: Staffed by market manager, staff or
volunteers, this is where CalFresh is distributed and general information is
provided.
PARTICIPATION
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2.2.1. Wild Harvested and Foraged Agricultural Products
Wild harvested and foraged agricultural products, which are products that are not grown on land
that is controlled by the Producer 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.
• Community Event Permit issued by the Los Angeles County Department of
Health.
2.2.2. 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 Aquariums
Seafood Watch program. Wild caught seafood and shellfish vendors must obtain and present
appropriate documentation which may include, but is not limited to:
• DMV Boat registration;
• Commercial California fishing license issued by the California Department of Fish
and Game;
• Boat registration issued by the California Department of Fish and Game;
• Processers and Handlers Permit issued by the California Department of Fish and
Game;
• Landing Receipts;
• Community Event Permit or a Vehicle Permit issued by the Los Angeles County
Department of Health.
2.2.2.1 Additional Selection Criteria Wild Caught Fish and Shellfish
Selection criteria for wild caught seafood applicants includes, but is not limited to:
• First preference is given to applicants selling their own catch which is caught, in
California coastal waters, or by boats that originate in California coastal waters.
• Second preference is giving to applicants selling their own catch and documented
catch of others who fish in California coastal waters, or by boats that originate in
California coastal waters.
• Last preference is given to fishmongers who contract directly with people who
fish.
• Any fish or shellfish purchased at a commercial/wholesale fish market is not
allowed to be sold at the SMFMs.
PARTICIPATION
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• Seafood or seafood products made from species that are overfished or
unsustainably farmed as identified by the Monterey Bay Aquarium’s Seafood Watch
program will not be admitted to the SMFMs.
2.2.3. Children’s Activities
Children’s activities are a market sponsored activity and are conducted by either market staff
or by independent contractors. Application for a children’s activity booth is on the farmers
market website.
All applicants will be accommodated on a space available basis. Once there is no space,
selection will be conducted through an RFP process. Selection criteria include, but are not
limited to the following:
• Experience performing children’s activities
• References
• Appropriateness and quality of the activity provided
2.2.4. Market Sponsored Consumer Education
Consumer Education is intended to promote healthy eating, support California farming and
sustainability and may include but is not limited to seasonal festivals, Master Gardeners, speaker
panels, school tours and chef demonstrations.
2.2.5. Prepared and Prepackaged Food Vendors
Prepared and Prepackaged Food vendors are selected through a Request for Proposals (RFP)
process. Prepared Food Permits are awarded for set terms to allow access for interested
applicants.
5.3.1 Selection Criteria Prepared and Pre-Packaged Food
Prepared and Pre-Packaged food vendors will be selected based on evaluation criteria in four
equally rated categories: Ingredient Sourcing, Environmental Sustainability, Qualifications and
Experience and Value and Product Concept. Additional consideration is given to businesses that
are located in Santa Monica.
1. Ingredient Sourcing
a. GMO produces are prohibited
b. Pre-emptive use of antibiotics or hormones to promote growth is prohibited
c. Preference for purchases of California grown products
d. Preference for products purchased at SMFMs
e. Preference for Organic Ingredients
f. Preference for sustainable and/or fair-trade products
PARTICIPATION
14
g. Demonstrated use of sustainable ingredients
2. Environmental Sustainability
a. Proof of sustainable business practices (Green Business Certification,
Sustainable quality Award) preferred
b. Demonstrated use of sustainable practices with regard to recycling,
composting, green cleaning products, water conservation measures, energy
efficiency
3. Qualifications and Experience
a. Preference for businesses with a proven record of successful temporary event
booth operation
b. Preference for businesses with a stated policy of excellent customer service
and high-quality standards
c. Preference for booths with attractive, unique displays
4. Value and Product Concept
a. Preference for businesses that provide one of a kind offering that enhance
overall variety and consumer choice
b. Preference for business with an operating policy that supports community
wellbeing, inclusiveness and fair pricing
2.2.6. How is Stall Space Allocated?
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. The size and location of each selling
space is determined by market management. Every effort is made 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 assignment location. Such decisions are made at the market management’s discretion for
the benefit of overall market operations. The following evaluation criteria will be 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
• Stall space may be reduced or increased based on:
• Sales volume indicating a need to reduce or increase stall space allotment.
• Offloading due to shortage of parking space.
PARTICIPATION
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2.2.7. Information Disclosure Statement
Many records maintained by the SMFMs are subject to the California Public Records Act,
Government Code Section 6250 et al. For purposes of publicizing the markets, SMFMs may
promote and share information about market participants, their products, production or growing
methods and photographs.
2.2.8. Other Activities
All SMFMs 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:
2.2.9. Filming and Photography
Filming and photography for commercial purposes or for broadcast purposes other than by an
accredited news organization are subject to prior approval from SMFM management and must
have a valid film permit issued by the City’s designated film permit coordinator. An additional
permit from the Downtown Santa Monica Inc., may also be required to film in the area designated
as the Downtown Santa Monica.
2.2.10. Signature Gathering/Petitioning/ Leafleting
Signature gathering and petitioning are allowed as free speech activities.
2.2.11. Product sample distribution
Only market participants may offer product samples within the markets
.
DOLLARS AND CENTS
16
3. DOLLARS AND CENTS
This chapter presents information about fees, billing, taxes, payments credits and prices.
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
All market participants are expected to be accurate in all monetary transactions. It is advisable
that each farmer have in place a cash handling system. Disputes over monetary transactions may
be mediated on a case by case basis by the market manager with final resolution determined by
the market manager.
3.2. REFUNDS
Market participants are encouraged to give customers the benefit of the doubt and offer a full
monetary refund or replacement of equal value when purchases are disputed. Return or
exchange policy shall be posted in writing at the stall.
3.3. LOAD SHEETS
Market participants will complete and turn in a load sheet for record keeping and billing purposes.
Load sheets shall include an itemized list of all products sold at the CFM. Additionally, all market
participants shall indicate sales by commodity group and total gross sales per commodity group.
Load sheets shall contain a declaration of the dollar amount of amount of wholesale transactions.
Load sheet reporting is subject to verification by a booth audit
3.4. RATES AND FEES
Certified Producers are billed 5% of their reported daily commodity sales as listed in each
commodity category on their load sheet. Prepared and prepackaged food vendors are assessed
market participation fees per individual participation permit. Retail booths located in the Little
Main Street section of the Sunday Main Street Market are subject to fees as determined by an
Chapter 3
DOLLARS AND CENTS
17
agreement between the Main Street Business Improvement Association (MSBIA) and SMFMs. In
addition, all vendors shall also pay a $2 per market fee as required by state law.
3.4.1. Rainy Day Fee Policy
Markets remain open on rainy days and stall fees will be collected on any sales that take place.
Prepared and packaged food vendors will have a 50% reduced stall fee when average farmer sales
are down by 40% or more from the average annual sales of the previous year.
3.5. BILLING
Market participants shall be billed for all stall fees at the beginning of each month and payment is
due upon receipt.
3.6. 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. The City may,
from time to time, modify acceptable payment procedures.
3.6.1. Delinquent Accounts
Accounts over 61 days past due are delinquent accounts
3.6.2. Returned Checks
Checks returned to the City for insufficient funds will be charged a $25.00 penalty for the first
occurrence and $35.00 for a subsequent occurrence in addition to the amount owed. Thereafter
future payments shall be made by a Certified check or money order.
3.6.3. Credits
Market participants will receive credits toward their stall fees for a variety of items, including
CalFresh (food stamps), Farmers Market Nutrition Program (FMNP) checks, market dollars and
Market Match (Pico Market only.) Credits will appear on the monthly statement. Credits must
be reported as income and included in the daily gross sales report by commodity.
3.7. ASSISTANCE PROGRAM PARTICIPATION
All market participants selling SNAP eligible food items as authorized by the USDA
(https://www.fns.usda.gov/snap/eligible-food-items) are required to accept SMFMs tokens issued
for CalFresh (food stamps). Women Infants and Children (WIC), Farmers Market Nutrition Program
FMNP, and Senior Nutrition Farmers Market Program (SFMNP) and other programs approved by
local, county, state or federal agencies from time to time. Farmers must be authorized to accept
FMNP and Senior FMNP by renewing their eligibility with the California Department of Health
Services as required and must have an authorized 6-digit WIC number. No change for food
assistance vouchers can be given. Farmers are encouraged to provide produce in even dollar
amounts.
DOLLARS AND CENTS
18
3.8. DONATIONS
SMFMs in a partnership with Food Forward, authorizes the collection of leftover produce from
individual farmers at the end of the market day. No money for the food collected and distributed
is ever charged or collected. The City of Santa Monica, its employees and agencies do not solicit
donations from farmers, and market staff is required to pay full price for any items purchased for
personal consumption. Farmers may, at their own discretion, donate produce to any individual
or entity other than paid farmers market staff that they choose.
3.9. SALES TAX
Market participants will be individually responsible for conformance to local, state and federal
laws. Market participants selling taxable items must obtain a Board of Equalization Permit listing
Santa Monica as a sales location.
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HEALTH, SAFETY & CONDUCT
23
4. HEALTH, SAFETY & CONDUCT
This chapter describes standards for health, safety and professional conduct expected of all market
participants.
4.1. 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 suspension
from the following market or termination of market participation.
4.1.1. Prepared Food Absences
Prepared and packaged food vendors operating under a signed permit are allowed three excused
absences per year for any reason including but not limited to: weather conditions, vacations,
illness, staffing, etc. Market fees will be waived for excused absences. Beyond these absences,
Prepared and Packaged food vendors will be required to pay market fees regardless of the reason
for absence.
4.2. ANIMALS
No live animals are allowed within 20 feet of any area where food is stored or held17 with the
exception of service animals as defined by the American With Disabilities Act (ADA).
4.3. 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 the pavement from drips
from any part of a market participant’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. In compliance with the City of Santa Monica’s Sustainability program, each market has
17 Cal. Health and Safety Code, Section 114371(d).
Chapter 4
HEALTH, SAFETY & CONDUCT
24
a compost and recycling program. Market participants who do not clean their stall space or
incorrectly dispose of waste may be subject to fines and penalties
Water from handwash or sampling set up must be disposed of in a treated sewer line (such as
the public toilet) and may not be dumped in planters or gutters.
4.4. DIRECT SALES
Direct sales at a Certified farmers market may be conducted to consumers who are end users,
individuals, organizations or entities that subsequently sell the produce directly to end users and
individuals, organizations or entities that distribute the produce to end users at no cost to those
users. When produce is being re-sold or distributed at no charge, a farmer must provide a
memorandum that lists the identity of the producer, address of the Producer and the identity
and quantity of the produce purchased. (California Food and Agricultural Code Section 6 47002
(d) 1-3). All produce sales, whether sold by pre-order, at the market table, or in any farmers
market designated area must be declared on the load sheet.
4.5. COURTEOUS CONDUCT
Market participants are expected to conduct themselves in a respectful and courteous manner..
No rude, abusive, insulting, disruptive or threatening language or behavior is permitted. Violation
of this rule is grounds for immediate dismissal as a Schedule A violation in Chapter 7.
4.6. CUSTOMER ADVISORIES
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.
4.7. DECEPTIVE PACK
Pre-packed items must clearly indicate the representative size and quality of all items in the
container offered for sale.
4.8. HANDWASHING
Market participants must wash their hands before returning to work from a food, smoking or
restroom break.
4.9. HEALTH CODE COMPLIANCE
SMFMs are licensed food facilities that operate under a Public Health Operating Permit issued by
the Los Angeles County Department of Environmental Health. 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.
2. No live animals are permitted within twenty feet of food being stored or sold, except
for service animals as defined by the ADA.
HEALTH, SAFETY & CONDUCT
25
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
o Name of the item;
o Weight or volume of the package;
o Ingredient list; and
o Name and location of the manufacturer.
4. No home processed foods shall be sold at SMFSs including food Prepared under AB 1616
(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. Produce sampling that follows the California Health and Safety Code guidelines is
permitted.
6. Cut melons with skin on and sprouts must be kept on ice. Dairy products must be
maintained at 45 degrees.
7. Processed products such as dried fruits and salad mix must be covered or clearly marked
with a sign stating “wash before consuming”
4.10. MINIMUM GRADE REQUIREMENTS
Commodities offered for sale are subject to inspection at any time by SMFM management or
authorized person. Produce must meet minimum grade requirements and must represent a "field
run" or better-quality range. Containers of culls or “seconds” 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", “seconds” "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.
Customers must be informed if produce is over-ripe and requires immediate consumption or
processing
4.11. 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 prohibited. No bicycling, skateboarding, roller-skating, or riding of scooters is permitted.
4.12. NON-MARKET RELATED ACTIVITIES
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 minimum purchase with prior approval from SMFMs management. Market participants
HEALTH, SAFETY & CONDUCT
26
may advertise events they are hosting Market participants shall not market, advertise or display
information for events or causes not related to the SMFMs.
4.13. PARKING
When possible, market participants will be provided vehicle parking at their stall space. When
space is not available, market participants must park off-site in designated off-site market
participant parking. Market participants and their employees shall not park vehicles or trailers in
lots or at meters adjacent to the Saturday Pico Market or the Sunday Main Street Market. Upon
closing, market participant vehicles must be moved to accommodate 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. Farmers may receive up to four reduced rate parking passes
at the downtown farmers markets for employees while they are working at the market.
4.14. DISCRIMINATION AND HARASSMENT
The SMFMs have a zero tolerance policy for discrimination or harassment toward any person
while at the SMFMs. Discrimination consists of directing negative, derogatory or demeaning
comments or behavior toward any person on the basis of race, religion, age, gender, sexual
orientation, national origin or disability. Harassment is any word or action meant to embarrass,
offend, intimidate or impede another person’s ability to engage in lawful activities while at the
SMFMs. Harassment includes any conduct which could be unwelcome or unwanted even if the
individual has no intention to harass. Even well-intentioned conduct can constitute harassment
if the individual would find it offensive (e.g. gifts, over-attention, endearing nicknames, hugs.)
Simply because no one has complained about a joke, gesture, picture, physical contact or
comment does not mean that the conduct is welcome.
4.15. PUNCTUALITY
Market participants are expected to arrive on time. To ensure safety, market participants arriving
late must be escorted into the market by authorized personnel or may be asked to leave their
vehicle outside the market boundaries and walk their product into the market.
4.16. SAMPLING
Distribution of food samples may occur under the following conditions
4.16.1. Sampling Setup
• Five (5) gallon hot (100o) water container with downward-facing continuous flow
spout (for hands and produce washing);
• Non-absorbent cutting board;
• A knife used exclusively for sampling;
• 1% chlorine solution for sanitizing the cutting knife – 100 ppm (1/2 oz. per gallon).
Litmus strips are available from market management to test for concentration;
• Liquid pump soap dispenser (bar soap is not acceptable);
HEALTH, SAFETY & CONDUCT
27
• Single use (paper) towels;
• Cover (sneeze guard) for cut samples;
• Single-serve toothpick dispenser or tongs for handing out samples;
• Bucket to catch wash water.
4.16.2. Sampling Procedures
• 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;
• Samples must be cut out of reach of customers and under a canopy or protective
cover. Cut samples must be kept covered;
• Clean, disposable plastic gloves shall be used when cutting food samples;
• Samples must be served to customers on a toothpick or with tongs;
• Samples shall be kept in approved, clean, covered containers;
• All food samples shall be distributed by the Producer in a sanitary manner.
4.17. SIDE-SELLING AND DELIVERY
The sale of non-approved products at the SMFMs or adjacent areas under the market’s control
is prohibited.
4.18. SMOKING
Smoking is prohibited at SMFMs and within 20 feet of all entrances, exits and open windows of
buildings open to the public Market participants who smoke must wash their hands prior to
returning to their stall.
4.19. SUBSTANCE USE
Consumption of alcoholic beverages or any controlled substance while at the SMFMs is prohibited
and constitutes a Schedule A violation, subject to immediate dismissal under Chapter 7.
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SETUP & DISPLAY
29
5. SETUP & DISPLAY
This chapter describes stall set up and breakdown times, booth layout, labeling and display requirements.
It is the goal of the SMFMs to have a safe and aesthetically pleasing market.
5.1. STALL LAYOUT
All stalls much comply with the following layout requirements:
• 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;
• Directional signs are permissible to guide and direct. Directional signs shall not
impede pedestrian circulation or safety;
• Market participants who display product on a side table must allow at least 24
inches of unobstructed side aisle;
• Tables and other display fixtures must be sturdy and not overloaded to a point
where they are unstable;
• All shades and shelters must be securely fastened. Windy conditions may
necessitate canopies being removed; and
• Market participants whose stalls are not set up to standard shall be asked to
discontinue sales until set up is corrected.
5.2. WEIGHTS AND MEASURES
When any product is sold by weight, the scale used must be approved, tested and sealed by the
County Agricultural Commissioner, Sealer of Weights and Measures. Scales 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. LABELING & DISPLAY
Market participants are encouraged to create attractive displays.
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SETUP & DISPLAY
30
5.3.2 Closed or sealed containers
All Certified and Non-certifiable Agricultural Products (fresh fruits, nuts and vegetables) sold in closed
consumer containers shall be labeled with the name, address, and ZIP code of the producer, and
a declaration of identity and net quantity of the commodity in the package18.
5.3.1.1 Pre-packaged and Non-certifiable Processed Agricultural Products.
Food prepackaged in a food facility shall bear a label that complies with the following:
1. The common name of the food, or absent a common name, an adequately
descriptive identity statement;
2. If made from two or more ingredients, a list of ingredients in descending order of
predominance by weight, including a declaration of artificial color or flavor and
chemical preservatives, if contained in the food;
3. An accurate declaration of the quantity of contents;
4. The name and place of business of the manufacturer, packer, or distributor.
Bulk Food that is available for consumer self-service shall be prominently labeled with either (1)
manufacturer’s or processor’s label that was provided with the food or (2) a card, sign or other
method of notification that includes the information specified under paragraphs 1 – 4 above.
5.3.1. Prices
Prices must be clearly posted and legible. Collusion among market participants to set price or
exertion of any influence, pressure, or persuasion to cause a Producer to set price is forbidden
by state laws.
5.3.3 Organic Labeling
Certified Producers who claim their produce is “organic” either in signs or in verbal claims, must
be Certified and Registered Organic. A copy of the certification and registration must be posted
at the stand. Portions containing sales information and personal contact may be redacted for
privacy purposes.
5.3.4 Signs and Posting
During selling hours the following documents shall be conspicuously posted at the point of sale:
1. A sign or banner that states the farm name, the county of production and a
statement” We Grow What We Sell” or similar phrase for each farm that is
selling in the booth 19;
18 Cal. Food and Agricultural Code, Section 47002(c).
19 Cal. Food and Agricultural Code, Section 47004(c)(1).
SETUP & DISPLAY
31
2. Embossed current Certified Producer's Certificate (CPC) which lists "Los
Angeles" as an Authorized County 20;
3. Employment Agreement;
4. Current organic registration and certification;
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;
8. Other signs as required by SMFMs as “WIC”, “EBT/CalFresh” Accepted here” or
market management issued marketing posters and flyers;
9. Prices must be clearly posted; and
10. Produce varieties shall be posted.
5.4. SUSTAINABILITY
Market participants shall comply with the City sustainability programs and initiatives which
include, but are not limited to the Zero Waste Program, the Single-Use Carryout Bag Ban and
the Expanded Polystyrene Ban. Market participants are also required to comply with additional
sustainability programs which may be initiated by SMFMs.
5.5. SETUP & BREAKDOWN TIMES
SMFMs hours are as stipulated by each market. No market participant may sell prior to market
opening or after the market is closed. SMFMs management may open or close the market early
if inclement weather conditions exist
Market participants are not permitted to leave the market prior to closing unless special
arrangements are made with market management
20 3 CCR, Section 1392.4.
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A UDIT PROGRAM
33
6. AUDIT PROGRAM
SMFMs are known for high quality and unique products. To ensure the integrity of SMFMs and products
sold, the following audit program is in place.
6.1. BOOTH SALES AUDITS
Booth sales audits are conducted at the market participants’ stall during the market hours of
operation to ensure accuracy in sales reporting.
6.2. FARM AUDITS
Farm Audits are conducted by SMFMs management to verify that the products being sold at
SMFMs are in production at the Certified location and in accordance with the provisions of the
Direct Marketing Regulations 22. Farmers are required to be at the farm during the farm audit.
Failure to allow a scheduled farm audit by authorized farmers market representatives may result
in suspension or revocation of participation privileges.
6.3. MYSTERY SHOPPER
SMFMs management may utilize mystery shoppers to verify accuracy and integrity in all sales
transactions.
6.4. AUDIT PROGRAM PARTICIPATION
Market participants shall cooperate with requests by SMFM Management for booth sales audits
or farm audits by SMFMs management or authorized person. Refusing to comply with audit
requests shall result in a Schedule A Violation subject to immediate dismissal.
22 3 CCR 1392 CA Food and Ag Code Part 1, Division 1, chapter 9, section 890 (a)
Chapter 6
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MARKET VIOLATIONS
36
7. MARKET VIOLATIONS
Santa Monica Farmers Markets follow an open and fair due process in all matters pertaining to reporting
and investigating market violations.
The SMFMs management may issue warnings, fines, and suspensions; remove a market participant
from any market, curtail selling privileges at SMFMs or expel a market participant for failure to
comply with these rules or other applicable federal, state or local regulations and laws. Market
participants are responsible for the actions of their employees. All violations will be documented
to the market participants file.
7.1. MARKET VIOLATIONS.
The Farmers Market Manager or designee may issue a Notice of Action for violation of The Rules
by any market participant, and may suspend, dismiss or expel any market participant according
to the following schedule:
7.2. SCHEDULE A.
Schedule A violations are violations that are serious in nature, impact public health, safety and
welfare, or severely interfere with the operations of the SMFMs. These violations include, but are
not limited to, the following:
1. Producers selling product not of their own production;
2. Physical violence or threatening behavior to anyone;
3. Rude, abusive, insulting, disruptive or threatening language to anyone;
4. Under the influence of drugs or alcohol at the market;
5. Refusing to participate in the stall or farm audit program or to comply with any
corrective action required by the City through the audit;
6. Refusal to comply with a directive from the Market Manager;
7. Violations of the California Food and Agriculture Code.
Schedule A violations are grounds for immediate dismissal and expulsion from the market as
determined by the Market Manager or designee. Within 72 hours from the dismissal, the market
participant will be provided with a Notice of Action as set forth in Section 7.5.1 below.
Chapter 7
MARKET VIOLATIONS
37
7.3. SCHEDULE B.
Schedule B violations are violations for selling products not authorized, false marketing,
interfering with the operations of the SMFM or other violations of the Rules. These violations
include, but are not limited to, the following:
1. Noncompliance with local health department regulations;
2. Selling product not listed on CPC;
3. Selling product not listed in selling agreement;
4. False organic marketing;
5. Failure to submit load sheet;
6. Failure to comply with other market rules, except nonpayment;
Schedule B violations may be grounds for suspension and/or expulsion by the Market Manager or
designee absent corrective action. Within 72 hours of the determination by the Market Manager
or designee, the market participant will be provided with a Notice of Action set forth in Section
7.5.1 below.
7.4. SCHEDULE C. PAYMENT.
Schedule C violations involve nonpayment of stall fees in a timely manner. The following notices
and opportunity to cure will shall be applied:
1. First Notice. A Notice(s) of payment violation will be issued for any delinquency
over 601 days, and the market participant will be suspended until the delinquent
payment is received. full over 60 61 day past due payment is received for a first
violation.
2. Second Notice. A second notice for payment violation over 61 day past due
violation will result in suspension until the entire balance is paid in full, including
the current balance.
3. Third Notice. Any market participant with three payment
violations/delinquencies will be placed on a weekly payment plan and will be
required which requires to make the payment at the end of each market day and
to maintain a $0 balance at all times.
4. Failure to pay arrears after the SMFM’s issuance of three notices of payment
violation will result in an additional one (1) day suspension from the SMFMs. The
market participant may not participate in the SMFMs until all arrears are paid in
full.
5. Final Notice. The final notice of violation may result in either a suspension from
the market for a duration as determined by the Market Manager or expulsion
from the market. Payment. Section
MARKET VIOLATIONS
38
7.5. ENFORCEMENT AND DUE PROCESS
In determining the appropriate action by the City for the violation by the market participant, the
City shall take into consideration the following factors: (i) whether the violation is a Schedule A,
Schedule B, or Schedule C violation; (ii) the frequency, recurrence and number of violations by
the market participant; (iii) history of the violation; (iv) market participant’s good faith efforts to
come into compliance; (iv) impact upon market customers; (v) impact upon market operations;
and (vi) such other factors as justice may require. Market management shall provide reasonable
due process relating to the imposition of any fine, suspension, dismissal or expulsion from the
SMFMs as follows:
7.5.1. Notice of Action.
For Schedule C violations, the market management will follow the sequence of notices and actions
set forth in Section 7.4, above. For Schedules A violations and Schedule B violations, the market
manager shall issue a Notice of Action within 72 hours from the violation. The Notice of Action
shall contain the following information:
• A description of the violation and the section of the Rule violated;
• The action imposed (i.e., suspension, dismissal or expulsion from the SMFM);
• Any required corrective action as a condition to reinstatement; and
• The appeals process set forth in Sections 7.6 and 7.6.1.
• The Notice of Action shall be sent by (i) personal delivery to the market
participant or (ii) by deposit in the United States Mail, in a sealed envelope postage
prepaid, to the address provided to the Farmers Market, or (iii) by overnight
express mail or (iv) by email to the market participant, or a combination of two
of the above methods. Service by mail shall be deemed to have been completed at
the time of deposit in the post office.
• The action imposed by the Market Manager shall be effective from the service of
a Notice of Action.
7.5.2. Office Conference
A market participant may request an Office Conference with the Economic Development
Manager or designee to review a Notice of Action. Any such request must be made within five
(5) days after service of the Notice of Action. The Office Conference is an informal opportunity
for the market participant to present evidence and argument against the action by the Market
Manager.
7.5.3. Decision After Office Conference.
Following an Office Conference, the Economic Development Manager or designee shall issue a
written decision (“Economic Development Decision”) within five (5) days after the conclusion of
the Office Conference. The Economic Development Decision is effective on the date of issuance.
MARKET VIOLATIONS
39
Any determination to suspend, dismiss or expel shall remain in full force and effect during the
pendency of the appeals process set forth in Section 7.6.
7.6. APPEALS AND ADMINISTRATIVE HEARINGS.
7.6.1. Appeal to Hearing Examiner
An Economic Development Decision may be appealed to a Hearing Examiner appointed by the
City of Santa Monica to conduct a hearing in accordance with SMMC Section 1.10.090. The
request for appeal must be submitted in writing within thirty (30) days from the date of the
Economic Development Manager’s Decision. Absent good cause for extension or agreement by
the parties to extend the hearing date, the hearing will be conducted within thirty (30) days from
the submission of the appeal request.
7.6.2. Conduct of Hearing
The Hearing Examiner shall consider any written or oral evidence consistent with the
Administrative rules and procedures regarding the violation and the decision by the Economic
Development Manager. The appellant has the burden of proof. In order for the appellant to
prevail, the appellant must show, by a preponderance of the evidence, that the City staff’s decision
under review is not authorized by applicable local, state or federal law or is inconsistent with
these Rules.
7.6.3. Decision of Hearing Examiner.
The Hearing Examiner shall issue a written decision upholding, reversing or amending the
Economic Development Decision. This decision shall be final and shall not be subject to further
administrative appeal. The decision shall be issued within thirty (30) days after the conclusion of
the Administrative Hearing.
CITY OF SANTA MONICA
Farmers Markets
Rules, Regulations and Policy Guide
Adopted
May 25, 2010
TABLE OF CONTENTS
1
Updated
March 20, 2012; June 11 2013, and November 13, 2018
SANTA MONICA farmers marKET
Rules, Regulations and Policy Guide
ADMINISTRATIVE OFFICE
1901 Main Street, Suite F
Santa Monica, CA 90405
310.458.8712
www.farmersmarket.smgov.net
farmersmarket@smgov.net
WEDNESDAYS DOWNTOWN
8:00 am – 1:00 pm
Arizona Avenue and 2nd Street
SATURDAYS DOWNTOWN
8:00 am – 1:00 pm
Arizona Avenue between 3rd Court and 1st Court
SATURDAYS PICO
8:00 am to 1:00 pm
ii
2200 Virginia Avenue
MAIN STREET SUNDAYS
8:30 am – 1:30 pm
2640 Main Street
1901 Main Street, Suite F
Santa Monica, CA 90405
Phone 310.458.8712 ~ Fax 310.391.9996
www.farmersmarket.smgov.net
farmersmarket@smgov.net
TABLE OF CONTENTS
A BRIEF HISTORY ...................................................................................................................................................
1. AUTHORITY TO OPERATE ..................................................................................................................... 7
2. PARTICIPATION .......................................................................................................................................... 4
2.1. CERTIFIED AGRICULTURAL SECTION ...................................................................... 4
2.1.1. Required Documentation Certified Producers ............................. 7
2.1.2. Selection Criteria: Certified Producers .......................................... 8
2.1.3. Additional Selection Criteria: Meat, Poultry and Dairy .............. 9
2.1.4. Additional Selection Criteria: Nursery Stock ............................ 10
2.1.5. Additional Selection Criteria: Producers of Fish and Shellfish10
2.1.6. Second Certificate .............................................................................. 10
2.1.7. Probationary Period ........................................................................... 11
2.1.8. Partnerships ......................................................................................... 12
2.1.9. Organic Products ................................................................................ 12
2.1.10. “No Chemical” “Pesticide Free” labeling ..................................... 13
2.2. NON-CERTIFIED/COMMUNITY EVENT SECTION ............................................. 13
2.2.1. Wild Harvested and Foraged Agricultural Products ................. 18
2.2.2. Sellers of Wild-Caught Fish and Shellfish ..................................... 18
2.2.3. Children’s Activities ........................................................................... 21
2.2.4. Market Sponsored Consumer Education ..................................... 21
2.2.5. Prepared and Prepackaged Food Vendors ................................... 22
2.2.6. How is Stall Space Allocated? .......................................................... 23
2.2.7. Information Disclosure Statement ................................................. 24
2.2.8. Other Activities .................................................................................. 24
2.2.9. Filming and Photography................................................................... 25
2.2.10. Signature Gathering/Petitioning/ Leafleting .................................. 25
2.2.11. Product sample distribution............................................................. 25
3. DOLLARS AND CENTS .......................................................................................................................... 26
ii
3.1. PRICES & MONEY HANDLING ................................................................................... 26
3.2. REFUNDS ............................................................................................................................ 26
3.3. LOAD SHEETS ................................................................................................................... 26
3.4. RATES AND FEES ............................................................................................................. 27
3.4.1. Rainy Day Fee Policy.......................................................................... 27
3.5. BILLING ............................................................................................................................... 27
3.6. PAYMENTS ......................................................................................................................... 27
3.6.1. Delinquent Accounts ......................................................................... 27
3.6.2. Returned Checks ................................................................................ 28
3.6.3. Credits................................................................................................... 28
3.7. ASSISTANCE PROGRAM PARTICIPATION ............................................................ 28
3.8. DONATIONS .................................................................................................................... 29
3.9. SALES TAX ......................................................................................................................... 29
4. HEALTH, SAFETY & CONDUCT ......................................................................................................... 19
4.1. ABSENCES .......................................................................................................................... 19
4.1.1. Prepared Food Absences.................................................................. 19
4.2. ANIMALS ............................................................................................................................. 19
4.3. CLEANING STALL SPACE ............................................................................................. 20
DIRECT SALES ................................................................................................................... 20
4.4. 20
4.5. COURTEOUS CONDUCT ............................................................................................ 21
4.6. CUSTOMER ADVISORIES .............................................................................................. 21
4.7. DECEPTIVE PACK ............................................................................................................ 21
4.8. HANDWASHING ............................................................................................................. 22
4.9. HEALTH CODE COMPLIANCE .................................................................................. 22
4.10. MINIMUM GRADE REQUIREMENTS ......................................................................... 23
4.11. NOISE, DISTURBANCE OR INTRUSION................................................................. 23
4.12. NON-MARKET RELATED ACTIVITIES ..................................................................... 23
4.13. PARKING ............................................................................................................................ 23
4.14. DISCRIMINATION AND HARASSMENT ................................................................. 24
4.15. PUNCTUALITY ................................................................................................................. 24
4.16. SAMPLING .......................................................................................................................... 24
iii
4.16.1. Sampling Setup .................................................................................... 24
4.16.2. Sampling Procedures ......................................................................... 25
4.17. SIDE-SELLING AND DELIVERY ................................................................................... 25
4.18. SMOKING ........................................................................................................................... 25
4.19. SUBSTANCE USE .............................................................................................................. 25
5. SETUP & DISPLAY ..................................................................................................................................... 27
5.1. STALL LAYOUT ................................................................................................................ 27
5.2. WEIGHTS AND MEASURES ......................................................................................... 27
5.3. LABELING & DISPLAY .................................................................................................... 27
5.3.1. Prices ..................................................................................................... 29
5.4. SUSTAINABILITY .............................................................................................................. 30
5.5. SETUP & BREAKDOWN TIMES ................................................................................... 30
6. AUDIT PROGRAM .................................................................................................................................... 30
6.1. BOOTH SALES AUDITS ................................................................................................. 33
6.2. FARM AUDITS ................................................................................................................... 33
6.3. MYSTERY SHOPPER ........................................................................................................ 34
6.4. AUDIT PROGRAM PARTICIPATION ........................................................................ 34
7. MARKET VIOLATIONS ........................................................................................................................... 36
7.1. MARKET VIOLATIONS. ................................................................................................. 36
7.2. SCHEDULE A. .................................................................................................................... 36
7.3. SCHEDULE B...................................................................................................................... 37
7.4. SCHEDULE C. PAYMENT. ............................................................................................. 37
7.5. ENFORCEMENT AND DUE PROCESS ..................................................................... 38
7.5.1. Notice of Action. ................................................................................ 38
7.5.2. Office Conference .............................................................................. 38
7.5.3. Decision After Office Conference. ................................................ 39
7.6. APPEALS AND ADMINISTRATIVE HEARINGS. ..................................................... 39
7.6.1. Appeal to Hearing Examiner ........................................................... 39
7.6.2. Conduct of Hearing ........................................................................... 39
7.6.3. Decision of Hearing Examiner. ....................................................... 40
1 AUTHORITY TO OPERATE ............................................................................................................................... 7
iv
2 PARTICIPATION 8
2.1. Certified Agricultural Section ................................................................................... 8
2.2. Non-Certified/Community Event Section ............................................................. 9
2.2.1. Required Documentation Certified Producers .................................................. 10
2.2.2. Selection Criteria: Certified Producers .............................................................. 11
2.2.3. Additional Selection Criteria: Meat, Poultry and Dairy .................................. 12
2.2.4. Additional Selection Criteria: Nursery Stock .................................................... 12
2.2.5. Additional Selection Criteria: Producers of Fish and Shellfish ...................... 13
2.2.6. Second Certificate ..................................................................................................... 13
2.2.7. Partnerships ................................................................................................................. 13
2.2.8. Organic Products ....................................................................................................... 14
2.2.9. “No Chemical” “Pesticide Free” labeling ........................................................... 14
2.2.10. Wild Harvested and Foraged Agricultural Products ......................................... 14
2.2.11. Sellers of Wild-Caught Fish and Shellfish ............................................................. 14
2.2.12. Children’s Activities .................................................................................................. 15
2.2.13. Market Sponsored Consumer Education ............................................................ 16
TERMS OF PARTICIPATION .................................................................................................................... 16
2.2.14. Certified Producers and Producers ...................................................................... 16
“NO ASSIGNMENT” (CHANGE IN OWNERSHIP OF FARM OR BUSINESS) ......................... 16
2.2.15. Prepared and Prepackaged Food Vendors .......................................................... 16
“No Assignment” .......................................................................................................................... 17
INFORMATION DISCLOSURE STATEMENT ..................................................................................... 17
OTHER ACTIVITIES .................................................................................................................................... 17
2.2.16. Filming and Photography .......................................................................................... 17
2.2.17. Signature Gathering/petitioning/ Leafleting ......................................................... 17
2.2.18. Product sample distribution .................................................................................... 17
3. DOLLARS AND CENTS ..................................................................................................................................... 17
PRICES & MONEY HANDLING ............................................................................................................... 17
3.1.1. Product Prices ............................................................................................................. 17
v
3.1.2. Money handling ........................................................................................................... 17
3.1.3. Refunds ......................................................................................................................... 17
LOAD SHEETS 17
RATES AND FEES 18
BILLING 18
PAYMENTS 18
DELINQUENT ACCOUNTS .................................................................................................................... 18
RETURNED CHECKS ................................................................................................................................. 18
CREDITS 18
3.1.4. Assistance Program Participation .......................................................................... 18
DONATIONS 19
SALES TAX 19
4. HEALTH, SAFETY & CONDUCT .................................................................................................................... 20
ABSENCES 20
4.1.1. Prepared Food Absences ......................................................................................... 20
ANIMALS 20
CLEANING STALL SPACE ........................................................................................................................ 21
COURTEOUS CONDUCT ....................................................................................................................... 21
CUSTOMER ADVISORIES ......................................................................................................................... 21
DECEPTIVE PACK ........................................................................................................................................ 22
FIRE 22
HANDWASHING 22
HEALTH CODE COMPLIANCE .............................................................................................................. 22
MINIMUM GRADE REQUIREMENTS ..................................................................................................... 23
NOISE, DISTURBANCE OR INTRUSION ............................................................................................ 23
NON-MARKET RELATED ACTIVITIES ................................................................................................. 23
PARKING 23
ZERO TOLERANCE FOR DISCRIMINATION AND HARASSMENT .......................................... 24
PUNCTUALITY 24
SAMPLING 24
4.1.2. Sampling Setup ............................................................................................................ 24
4.1.3. Sampling Procedures ................................................................................................. 24
vi
SIDE-SELLING AND DELIVERY ............................................................................................................... 25
SMOKING 25
SUBSTANCE USE 25
5. SETUP & DISPLAY 26
STALL LAYOUT 26
WEIGHTS AND MEASURES ..................................................................................................................... 26
LABELING & DISPLAY ................................................................................................................................ 26
5.1.1. Closed or sealed containers – Certified and Non Certifiable Agricultural Products
27
5.1.2. Prices 27
5.1.3. Organic Labeling ......................................................................................................... 27
5.1.4. Signs and Posting ........................................................................................................ 27
5.1.5. Sustainability ................................................................................................................ 28
SETUP & BREAKDOWN TIMES .............................................................................................................. 28
6. AUDIT PROGRAM 33
BOOTHSALES AUDITS .............................................................................................................................. 33
FARM AUDITS 33
MYSTERY SHOPPER .................................................................................................................................... 33
AUDIT PROGRAM PARTICIPATION .................................................................................................... 33
7. MARKET VIOLATIONS ...................................................................................................................................... 36
SECTION 7.2. ENFORCEMENT AND DUE PROCESS ................................................................... 37
NOTICE OF ACTION. ............................................................................................................................... 38
7.2.2 Office Conference ................................................................................................. 38
7.2.3 Decision After Office Conference. ............................................................... 38
7.3 APPEALS AND ADMINISTRATIVE HEARINGS. .......................................................................... 39
7.3.1 Appeal to Hearing Examiner. .................................................................................. 39
7.3.2 Conduct of Hearing. .................................................................................................. 39
7.3.3 Decision of Hearing Examiner. ............................................................................... 39
MARKET HOURS AND DAYS .................................................................................................................................... 1
RATES AND FEES 2
NURSERY STOCK 2
PAGE INTENTIONALLY LEFT BLANK
ii
3
A Brief History
Established July 15, 1981, the Santa Monica CertifiedCertified Farmers Markets create thriving,
vibrant communities that are inclusive, connected and diverse by promoting the prosperity of
California farmers and small food businesses, preservation of the agricultural arts and sustainable
food systems. The City of Santa Monica (hereafter referred to as the “City”) oversees the
operation and management of four CertifiedCertified Farmers Markets (“CFM”s):
Wednesday Downtown Market: The oldest farmers market in Santa Monica is held every
Wednesday from 8:30 am – 1:30 8:00 am – 1:00 pm 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
8:030 am – 1:00 pm on Arizona Avenue at 3rd Street. The Saturday Downtown Market boasts
the largest percentage of certifiedCertified organic growers of the City’s four markets. In the
heart of the Downtown Santa Monica Business District, the Organic MarketSaturday Downtown
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 Downtown Market. A complimentary bike valet is available.
Saturday Pico Market: The Saturday Pico Farmers Market is held every Saturday from 8:00
am to 1:00 pm in Virginia Avenue Park. adjacent to the Pico Branch Library This market features
locally grown produce and flowers as wellThe market features seasonal special events with
Virginia Avenue Park and the Pico Branch Library, as prepared foods prepared foodsPrepared
foods, andand breadsoccasional live entertainment. The Pico Farmers Market offers Market
Match to eligible food assistance customers. Each week over 3,000 customers, primarily from the
local neighborhoods, visit the Pico Farmers Market. A complimentary bike valet is available.
Sunday Main Street Market: The Sunday Main Street Market is held every Sunday from
9:308:30 am to 1:00 30 pm, in the Heritage Square parking lot. In addition to California farmers,
Market Participants include local California farmers, prepared foodPrepared 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.
PAGE INTENTIONALLY LEFT BLANK
Authority to operate
.
Authority to operate
7
1. AUTHORITY TO OPERATE
Authority to operate is granted by the State of California, the Los Angeles County Departments
of Health and Agriculture/Weights and Measures and the City of Santa Monica, hereafter referred
to as the City. Authority to operate a Certified Farmers Market (Certified Farmers MarketCFM)
is granted by the State of California, the Los Angeles County Departments of Health and
Agriculture/Weights and Measures, and the City of Santa Monica. The Santa Monica Farmers
Markets are Ccertified fFarmers mMarkets established under California law to provide direct
marketing of agricultural products from California producersProducers to local consumers.1 By
providing direct marketing of agricultural products, the Santa Monica Farmers Markets benefit
the agricultural community and the consumer by, among other things, providing an alternative
method for growers to sell their products while benefiting the consumer by supplying quality
produce at reasonable prices.2 The state regulatory framework for direct marketing is designed
to ensure agricultural products are of acceptable quality and selling activities are conducted
honestly and fairly.3 Additionally, the framework authorizes additional nonagricultural vending
activities that are ancillary but contiguous to a Certified Farmers MarkeCFMt, thereby providing
a larger community event amenity.
The Santa Monica City Council has adopted these Rules, Regulations and Policy Guide (“Rules”)
for the operation of the Santa Monica Farmers Markets (“SMFMs”). All participating producers
andProducers and market participants are required to abide by these Rules, along with all applicable
local, county, state, federal laws and regulations (collectively, the “applicable law”)4 in effect, and
as may be amended from time to time. The City, through its SMFMs’ management and its
designated agents, shall implement and enforce all Rules pertaining to the operation the cCFM
ertified farmers markets in a fair and equitable manner.
1 California Food and Agricultural Code, Section 47000; Title 3, California Code of Regulations (CCR), Division 3, Subchapter 4, Article 6.5 “Direct Marketing Regulations.”Sections
1392.2 (a) and 1392 et al.
2 California Food and Agricultural Code, Section 47000(a).
3 Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.
4 Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.2(p)(local regulations are permitted to be more stringent than those established by state regulations provided
they do not violate or conflict with other relevant state laws or regulations).
Chapter 1
Authority to operate
1
PAGE INTENTIONALLY LEFT BLANKThese rules were adopted by the City of Santa Monica
Council May 25, 2010 and subsequently updated March 20, 2012 , June 11, 2013and May ___
2013.
California Code of Regulations
Title 3 Food and Agriculture
Division 3 Economics
Chapter 1 Fruit and Vegetable Standardization
Subchapter 4 Fresh Fruits, nuts and Vegetables
Article 6.5 Direct Marketing
Assembly Bill 1871
Assembly Bill 2324
California Health and Safety Code Part 7 California Retail Food Code
S
MFMs 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 producers are expected to be familiar with the current Direct Marketing
Regulations and these Rules, Regulations and Policy Guide (hereafter referred to as “The
Rules”).
In addition to the CFMs, adjacent non-certified activities are operated under the authority of
these rules and the City.
The purpose of The Rules is to govern the operation, administration and management of all
farmers’ markets under control of the City. As set forth by the Direct Marketing Regulations,
all organizations managing CFMs are required to establish rules and regulations. The
organizations’ rules and regulations may be more stringent than those established by Direct
Marketing Regulations provided that they do not violate or conflict with other relevant state
laws or regulations.
1392 Intent (CCR)
It is the intent of this article (6.5 Direct Marketing) to
encourage productive and profitable agriculture in
Authority to operate
2
California, as directed by state agricultural policy (California Food and Agricultural Code,
Division 1, Chapter 6, Article 2, Section 821) by facilitating the sale of agricultural products
from producers and certified producers within the state directly to the public or to individuals,
organizations, or entities that subsequently sell or distribute the products directly to end users,
while maintaining sufficient regulatory control to ensure that the agricultural products are of
acceptable quality and they the selling activities are done honestly and fairly Authority cited:
Sections 14, 407, 42682, 42684, 47001, 47002, 46003, 47004, 47005, 47005.1-3, 47020,
California Food and Agricultural Code. Reference: Sections 821, 4291, 47000, 47000.5, 47021
California Food and Agricultural Code.
SMFMs management and its designated agents will implement and enforce all Rules, Regulations
and Policy pertaining to the operation and management of any Santa Monica Farmers Market
(SMFM) in a fair and equitable manner.
PARTICIPATION
4
2. PARTICIPATION
This section chapter answers the questions of describes how the SMFMs are organized, who may sell at
the market, what products may be sold, how to apply, what which permits are required to sell, how
participation is determined and how stall spaces are allocated. . All products and services at the SMFMs
must have the prior approval of the SMFMs management and are subject to available space.
SMFMs Organization and Layout
Each Santa Monica Farmers Market is a CCertified FFarmers MMarketCFM with each market market
is divided into two sections: the CertifiedCertified Agricultural Ssection and the Non-CertifiedCertified/ or
Community Events Section.
CERTIFIED FARMERS MARKET
A LOCATION APPROVED BY THE AGRICULTURAL COMMISSIONER OF THAT COUNTY
WHERE AGRICULTURAL PRODUCTS ARE SOLD BY PRODUCERS OR CERTIFIED
PRODUCERS DIRECTLY TO THE PUBLIC. A CERTIFIED FARMERS MARKET MAY BE
OPERATED BY ONE OF MORE CERTIFIED PRODUCERS, BY A NONPROFIT
ORGANIZATION OR BY A LOCAL GOVERNMENT AGENCY CCR 1392 (A)
2.1. CERTIFIEDCERTIFIED AGRICULTURAL SECTION
The CertifiedCertified Agricultural Section of each market consists of
ProducersProducers and or CertifiedCertified ProducersProducers (farmers)
selling either CertifiedCertified Agricultural Products or Noncertifiable Agricultural
Products as these terms are defined by law.5 of certified or non certifiable
agricultural products to sell their products, as defined in the California Code of
Regulations CCR 1392.2 (a) directly to the public at a Certified Farmers Market
5 Cal. Food and Agricultural Code, Section 47000.5(a); see 3 CCR, Section 1392.2.
Chapter 2
PARTICIPATION
5
• Agricultural Product means a fresh or processed product produced in California,
including fruits, nuts, vegetables, herbs, mushrooms, dairy, shell eggs, honey,
pollen, unprocessed bees wax, propolis, royal jelly, flowers, grains, nursery stock,
raw sheared wool, livestock meats, poultry meats, rabbit meats, and fish, including
shellfish that is produced under controlled conditions in the waters located in
California.6
Producer Producer is a person, partnership, corporation or an otherwise legally
formed farm or ranch that produces . A person or entity who produces
agricultural products by practice of the agricultural arts upon land that the person
or entity owns, rents, leases, sharecrops, or otherwise controls and has the
documented legal right to possession.7 A person or entity that rents, leases, or
otherwise acquires the right to possession of property essentially for or limited
to the period of the harvest season of the agricultural products produced on that
property shall not be considered a producer.8 which the person or entity controls
CCR 1392.2 (d)
• CertifiedCertified Producer Producer is a Producer Producer . A person authorized
by the county agricultural commissioner to sell CertifiedCertified Agricultural
Products, produced by the practice of the agricultural arts upon land which the
certifiedCertified producer Producer controls, to customers at a Ca Certified
FFarmers MMarket.9
• CertifiedCertified Aagricultural Pproducts are Agricultural Products that are
certifiedCertified under the jurisdiction of the county agricultural commissioner
relative to inspection and verification.10 Examples of CertifiedCertified Agricultural
Products include fresh fruits, nuts, vegetables, shell eggs, honey, flowers,
mushroom, herbs, and nursery stock. , and include fresh fruits, nuts, vegetables,
shell eggs, honey flowers and nursery stock (CCR 1392.2 3(l)
•
• Certified agricultural products and Non-certifiable Agricultural Products may be
sold in the Certified Section of the market.
• Certified agricultural products are products which are grown by a certified
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, shell eggs, honey, cut flowers and nursery stock [CCR
6 California Food and Agricultural Code, Section 47000.5(a); see Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.2, “Definitions.”
7 California Food and Agricultural Code, Section 47000.5(c); see Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.2(d).
8 California Food and Agricultural Code, Section 47000.5(c).
9 Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.2(e).
10 Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.2(l).
PARTICIPATION
6
1392.2(k)]. Certified producers selling processed products must also bring some
of the primary unprocessed product to market when in season.
• Non-CertifiableNon-certifiable Agricultural Products are all CertifiedCertified
Agricultural Products that have been processed, as well as dairy, pollen,
unprocessed bees wax, propolis, royal jelly, raw sheared wool, livestock meats,
poultry meats, rabbit meats, and fish, including shellfish that are produced under
controlled conditions in waters located in California.11
• Processed Agricultural Products are those Agricultural Products that have been
altered or prepared byPrepared by such means as, but not limited to, slicing, juicing,
drying, shelling, smoking, freezing or cooking; provided, however, that the seller
has produced all of the ingredients contained in the final product.12 The only
exceptions to this production requirement shall be the inclusion of food coloring,
pectin, rennin/rennet or ingredients used as preservatives, seasonings and
flavorings.[CCR 1392.2(m)].
Non-Certified/ “Community Event” Section
All products other than Certified and Non Certifiable Agricultural Products shall be
located in the Non-Certified/Community Event Section of the market. This section
includes the Non-certifiable Processed Agricultural Products, Prepared and Pre-
packaged Food, Retail, and entertainment, and other items as may be approved
by the Market Manager from time to time. are located in the Non-Certified Section
Community Event section of the market and must be designated as such.
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 but contain additional
ingredients not grown by the farmer. These include stuffed olives. and have
included items such as pesto, olives, and nut brittle..
Non-Certified Agricultural Products are Agricultural Products collected or foraged
on land or in water not under the Producer’s control. Examples in wild mushrooms
harvested on federal or public lands, and wild caught seafood.
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 chocolatescoffee, breads, pastry and sandwiches. Prepared and pre-packaged
11 Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.2(m)
12Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Section 1392.2(v)
PARTICIPATION
7
food may only be sold in the Non-certified Section of the market.. Prepared Food
is prepared on site such asand includes omelets, burritos and pancakes.
Retail: Retail products are permitted in the Little Main Street section of the Sunday
Main Street Farmers Market only or in an area designated by market
management. and may include but are not limited to clothing, accessories, pottery,
books, art, home goods. Retail products do not include any food products.
Entertainment: Musical entertainment, children’s art activities, balloon twisters,
face painting or other activities as approved by the SMFMs.
Featured Restaurant: Restaurants and catering companies that are located in
Santa Monica or that serve food that is wholly sourced from California farmers
who participate in the Santa Monica Farmers Markets.
Tabling: Subject to space availability tableTable or booth space at SMFMs is
provided only for City departments and programs to distribute information to
market visitors.
Market Manager/Information Booth: Staffed by market manager, staff or
volunteers, this is where CalFresh is distributed and general information is
provided.
Certified Agricultural Section
2.1.1. Required Documentation CertifiedCertified ProducersProducers
The following, where applicable, must be posted at the booth during market hours
• As proof of producership certified producers where applicable shall obtain, and
submit upon request by market management current copies of the following
documentation:
• Embossed CertifiedCertified ProducersProducers ' Certificate (CPC) listing Los
Angeles County as an "Authorized County”"13;. (Second Certificate requirements
reference section 2.2.6)
• City of Santa Monica Business License
• All leases and agreements between market participants and third parties.
• Map of Growing Ground with supporting photographs.
• Apiary registration; (if selling honey).
13 Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Sections 1392.2 and 1392.4.
PARTICIPATION
8
• Avocado exemption permit or proof of inspection; (if selling avocados).
• Organic registration and certification;.
• Annual Health permit for processing facility; and.
• Board of Equalization Permit (for taxable products).Egg Handler Registration.
1.1.1. SMFMs 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. SMFMs management may verify information from other
market managers or industry organizations outside the City.
2.1.2. Selection Criteria: CertifiedCertified ProducersProducers
When space is available, theThe following criteria, in no particular order, are used to evaluate
potential market participants for the CertifiedCertified Section of the SMFMs.
• Products may not contain genetically modified ingredients or be grown from
genetically engineered seeds.
• Product mix - products are admitted to the SMFMs with adequate variety to
ensure a wide product mix and to fulfill consumer demand without creating a
surfeit (glut) of any one product.
• Desirability of crops - crops which are in demand, are one-of-a-kind or of
exceptional quality or uniqueness, are preferred over crops already in sufficient
supply at the market.
• 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’Producers access to selling space.
• Fresh products – growers of fresh products are given priority over producers
ofProducers of processed products.
• Preference is given to growers selling processed products that they process
themselves vs.rather than products taken to a processing facility (i.e. Dried dried
fruit, juice, shelled nuts, etc.).
• Preference is given to growers whose primary distribution is local, not national.
• Preference is given to producers whoProducers who follow sustainable farming
practices. Sustainable farming 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 as certifiedCertified 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
PARTICIPATION
9
control weeds, pests and disease, as well as and biodynamic farming methods. .
Sustainable farming practices also include fair wages for workers and humane
treatment of farm animals.
• Preference is given to growers with no prior violations of the certifiedCertified
farmers markets program.
• Preference is given to farms that are locally owned by individuals as opposed to
corporate farms that are controlled by individuals or entities not located near the
farm and that are operated by farm management companies.
Certified producers and producers not invited to participate in SMFMs at the original time of
application will be placed on a waiting list for 12 months and will be reconsidered as space
becomes available.SMFMs management may require the Ccertified Pproducer or Pproducer 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.
SMFMs management may verify information from other market managers or industry
organizations outside the City.
2.1.3. 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 a USDA certification approved processing facility in accordance with the
Federal and State meat processing standards). Chicken falls under California
Department of Food and Agriculture oversight when more than 20,000 chickens
per year are processed at one facility.
• No livestock, meat, or dairy goods in which growth the pre-emptive use of
hormones or antibiotics is used. The use of rBGH (bovine growth hormone) is
not accepted. hormones, such as rBGH, were administered may be sold at SMFMs.
• Preference is giving to grass fed and finished meat products.
• Preference given to producersProducers of livestock, meat and dairy products
that have a “CertifiedCertified Humane” designation from Humane Farm Animal
Care (www.certifiedCertifiedhumane.org) or similar organizations. .
• Only farmstead cheesedairy productss (made by the producer) may be sold at the
SMFMs.processed on the farm and made from the milk of animals that are owned
by the producer Producer are permitted. Cheese and processed milk products
sold at the Santa Monica Farmers Markets SMFMs must come from the milk of
animals that are owned by the Producer. Proof of ownership of dairy animals
must consist of but is not limited to one or more of the following documents:
i. Market Milk Permit
ii. Farm Inspection Report
iii. Grade A (or B) permit for milk production
PARTICIPATION
10
iv. Tuberculosis Test Record
v. ProducersProducers /Handlers/Processors Application and
Registration
2.1.4. Additional Selection Criteria: Nursery Stock
Nursery Stock consists of potted plants, trees or nursery starts where the seller has performed
propagation, germination, planting of cuttings, or division work.
• Products sold must be a higher value than the container in which they are sold.
• CertifiedCertified producers shallProducers shall not purchase plants for the sole
and immediate intent to resell them without sufficient propagation or growing
time. See Attachment III.
2.1.5. Additional Selection Criteria: Producers ofProducers of Fish Andand Shellfish
Aquaculture operators who sell products from controlled ponds or waters are considered non-
certifiableNon-certifiable agricultural producers andProducers and may sell in the certifiedCertified
section of the market. Aquaculture operators are required to submit to SMFMs provide current
documentation that verifies production including, but not limited to the following:
• California Department of Health Services Shellfish Growing Area Certificate;.
• Proof of control over the pond or waters;.
• State of California Department of Health Services Food and Drug Branch Shellfish
Handling and Marketing Certificate;.
2.1.6. Second Certificate
Second certificates (certifiedCertified producers sellingProducers selling certifiedCertified
agricultural products on behalf of one other certifiedCertified producer) are admitted to the
SMFMs based on the criteria listed for certifiedCertified producersProducers . in section 2.2.2,
in compliance with CR1392.4The producer Producer carrying product for another producer
Producer on a second certificate must have agricultural products in greater volume, measured by
weight or dollar amount, tha (g)n the other certifiedCertified producer Producer as measured at
the beginning of the sales day14. and the following additional restrictions. CCR1392.4 e
A certifiedCertified producer Producer shall not represent, nor or be represented by more than
one other certifiedCertified producer Producer in a 12 month12-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)].
14 3 CCR, Section 1392.4
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• The name of the certified producer who is selling the products of another certified
producer shall appear on the certificate of the person for whom he/she is selling.
[CR1392.4(g)(4)].
• The certified producer selling for another certified producer shall be selling or
offering for sale certified agricultural products which he/she has produced and
which are greater than the amount by volume offered for sale for the other
certified producer at the beginning of each day of sale. [CR1392.4(g)(5)].
• A certified producer who sells certified agricultural products on behalf of another
certified producer or whose products are sold by another certified producer at
the SMFMs shall keep for a period of not less than three years, the following
documentation: [CR1392(g)(9)].
• Date and amount of products transferred by variety.
• Date and amount of products sold by variety.
• 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.Second certificate holders will be
given one selling season’s notice if their product is no longer needed at the market
• Each certifiedCertified producer Producer will receive a separate load sheet and
is individually responsible for stall fee payments. Certified producers may only sell
for or be represented by one additional certified producer in any 12-month period.
. If the absentee (second certificate) farmer is unable to identify the quantity or
identity of their crop(s) being sold at the market, that producer’s selling privileges
will shall be revoked.
2.1.7. Probationary Period
Once selected first time Certified Producers and Producers will be offered a three-month
probationary participation agreement Provided there are no notices of violation during the three-
month period Certified Producers and Producers will be awarded a participation agreement.
Farmers wishing to add a product to their product mix that was not included in their original
participation agreement must apply to do so.
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2.1.8. Partnerships
Certified producers in partnership, with sharecropping agreements or similar contracts as
described in CR1392.9.1 who are issued a CPC are subject to the same regulations and
restrictions and application procedures as listed in sections 2.2.2 and 2.2.6 of The Rules.
A partnership is a separate entity distinct from its individual members. As a separate entity, a
partnership must obtain a certifiedCertified producers certificateProducers certificate to market
its Aagricultural Pproducts. Such Agricultural Products shall be produced by practice of the
agricultural arts upon land that the partnership, as a separate entity, exclusively controls.15 1392.2
t
Growing Practices
All certified producers, including certified organic farmers, are required to submit a
Growing Practices Information Form that lists the methods used to control weeds,
pests, soil fertility and visual appearance of their produce. Growing Practices
Information forms are available for review by customers. Certified producers and
producers are responsible for keeping Growing Practices Information forms current
and accurate.
2.1.9. Organic Products
Any product sold as organic must post have a current Organic Registration from the state of
California and an Organic Certification from an approved third-party organic certifying
organization. No representation of organic production, either written or verbal may be used by
a producer Producer who does not have organic certification and registration documentation.
These documents must be posted during sales hours. posted in their booth.
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 $5,000 annually, must register with the agricultural commissioner in the county of
principal production prior to the first sale of product, and then annually renew their registration
with the secretary of the Department of Food and Agriculture unless no longer engaged in
activities requiring registration [COPA 46013.1 (a)]. All products sold as organic in CFMs shall
be certified by a federally accredited certifying agent registered with the secretary of the
California Department of Food and Agriculture (CDFA). Federal organic accreditation remains
in effect until it is revoked or the farmer withdraws from the organic certification program.
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
15 3 CCR, Sections 1392.2(s) and 1393.9.1.Title 3, CCR, Division 3, Subchapter 4, Article 6.5, Sections 1392.2(s) and 1393.9.1.
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from certification, these producers must abide by the national and state standards for organic
products and may label their products as organic.
If a certifiedCertified organic producer 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 with a physical barrier, and non-organic 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 SMFMs. The farm
address and the gross sales figures may be redacted for purposes of privacy.16
2.1.10. “No Chemical” “Pesticide Free” labeling
CertifiedCertified producers mayProducers may use the terms “No Chemical” and “Pesticide
Free” to advertise their products. truthfully state their growing practices. As noted above in
Section 2.2.8 Growing Practices, all inputs shall be fully disclosed. The term “No Spray” may not
be used since it is vague and misleading.
2.2. NON-CERTIFIED/COMMUNITY EVENT SECTION
• All products other than Certified and Non-certifiable Agricultural Products shall be
located in the Non-Certified/Community Event Section of the market. This section
includes the Non-certifiable Processed Agricultural Products, Prepared and Pre-
packaged Food, Retail, and entertainment, and other items as may be approved by
the Market Manager from time to time. 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 but
contain additional ingredients not grown by the farmer. These include stuffed
olives.
• Non-Certified Agricultural Products are Agricultural Products collected or foraged on
land or in water not under the Producer’s control. Examples in wild mushrooms
harvested on federal or public lands, and wild caught seafood.
• 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 coffee, breads, pastry and sandwiches. Prepared Food is Prepared on site and
includes omelets, burritos and pancakes.
• Retail: Retail products are permitted in the Little Main Street section of the Sunday
Main Street Farmers Market or in an area designated by market management. and
16 California Organic Products Act of 2003, National Organic Program.
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may include clothing, accessories, pottery, books, art, home goods. Retail
products do not include any food products.
• Entertainment: Musical entertainment, children’s art activities, balloon twisters,
face painting or other activities as approved by the SMFMs.
• Featured Restaurant: Restaurants and catering companies that are located in Santa
Monica or that serve food that is wholly sourced from California farmers who
participate in the Santa Monica Farmers Markets.
• Tabling: Table or booth space at SMFMs is provided only for City departments and
programs
• Market Manager/Information Booth: Staffed by market manager, staff or
volunteers, this is where CalFresh is distributed and general information is
provided.
Non-CERTIFIED Section
Non-Certified Section
The non-certified section is established by the SMFMs to provide ancillary activities
products and services that enhance the market ambiance.
Applicants may visit the SMFMs website year round to register as a vendor and
will be notified when the application periods opens.
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 producer's claim to growing the primary
ingredients in Non-certifiable Processed Products.
Certified producers of non-certifiable processed agricultural products are subject to
the same documentation and selection criteria as certified producers Section 2.2.
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. The Main Street Sunday Market and the Pico Saturday
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market feature both a mix 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 Equalization Permit (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)
Prepared and Pre-packaged food vendors may with apply with their desired menu
through a Request for Proposal (RFP) 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 management determines the number and location of stall spaces
to be made available, which are subject to change with each RFP. Menu
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modification requests are reviewed upon request. The evaluation criteria for
Prepared and Pre-packaged food applicants includes five areas of evaluation.
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.
Ingredient Sourcing
Products sold at the market must be homemade (rather than purchased fully
processed and re-sold) and that incorporate ingredients which are:
Grown in California
Organic
Fair trade
Free range and grass fed meats
Wild-caught or local seafood from sustainably managed fisheries
Purchased from SMFMs certified producers (farmers).
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
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Toxic Chemicals
Use of chemical cleaners
Reduction of chemical inputs
Transportation Measures
Alternative transportation
Alternative fuels
Energy Reduction
Utilization 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
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.
Prepared and pre-packaged food (Sunday Main Street Farmers Market)
Additional stall space allocations apply at the Sunday Main Street Farmers’
Market. 50% of the prepared food area, or 50% of the prepared food 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 remaining
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spaces. When fewer Main Street businesses apply than available reserved spaces,
such spaces will be available for the general applicant pool.
Featured Restaurants
Market management may create a Featured Restaurant program at the SMFMs to
allow one food establishment per week from the local business district to sell
prepared foods listed on their established restaurant 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-three month quarters, with other qualified applicants in
equal proportion.
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.
2.2.1. Wild Harvested and Foraged Agricultural Products
Wild harvested and foraged agricultural products, which are products that are not grown on land
that is controlled by the producer Producer may only be sold in the Non-Cecertified 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 Community Event Permit (renewable
quarterly) issued by the Los Angeles County Department of Health.
2.2.2. Sellers of Wild-Caught Fish and Shellfish
Wild-caught seafood and shellfish may only be sold in the Non-certifiedCertified 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
Aquariums Seafood Watch program. Wild caught seafood and shellfish vendors must obtain and
present appropriate documentation which may include, but is not limited to:
• DMV Boat registration;.
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• 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 Handlers Permit issued by the California Department of Fish and
Game;.
• Landing Receipts;.
• Temporary Field Event Health Permit orCommunity Event Permit (renewable
quarterly) or a Vehicle Permit issued by the Los Angeles County Department of
Health.
2.2.2.1 Additional Selection Criteria Wild Caught Fish and Shellfish
Selection criteria for wild caught seafood applicants includes, but is not limited to:
• First Ppreference is given to applicants selling their own catch 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 in California coastal waters, or by boats that originate in
California coastal waters.
• Last preference is given to fishmongers who contract directly with people who
fish.
• Any fish or shellfish purchased at a commercial/wholesale fish market is not
allowed to be sold at the SMFMs.
• Seafood or seafood products made from species that are overfished or
unsustainably farmed as identified by the Monterey Bay Aquarium’s Seafood Watch
program will not be admitted to the SMFMs.
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Information Tables
1.1.1. Subject to space availability table space at SMFMs is provided only for City
departments and programs to distribute information to market visitors.
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:
City of Santa Monica publications
Publications featuring the SMFMs or participating certified producers (will be
labeled with city logo and article reference)
Publications featuring food assistance services such as SNAP (CalFresh/EBT) (will
be labeled with city logo).
Market promotional items such as bags, aprons and cookbook.
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 SMFMs.
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 SMFMs strive to showcase a diverse variety of musical
genres and local talent.
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 Request
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for Qualification (RFQ). 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
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. Bands are limited to four
performers per band and shall perform in a designated location. Performers are
selected in order of application. If more performers wish to perform than there is
space available, all applicants shall be put into a lottery system and selected at
random
2.2.3. Children’s Activities
Subject to space availability, children’s activities are allowed pursuant to local regulations and
may include, pony rides, arts and crafts activities, face painters, and performers. Children’s
activities are a market sponsored activity and are conducted by either market staff or by
independent contractors. Application for a children’s activity booth is on the farmers market
website.
Children’s activity performers may apply to participate at SMFMs by submitting the Children’s
Activity interest form found on the SMFMs website. All applicants will be accommodated on a
space available basis. Once there is no space, selection will be conducted through an RFQ RFP
process. Selection criteria include, but are not limited to the following:
• Experience performing children’s activities
• References
• Appropriateness and quality of the activity provided
2.2.4. Market Sponsored Consumer Education and Outreach
SMFMs management provide Market Sponsored Consumer Education that is intended to
promote healthy eating, support California farming andfarming and sustainability and may
include, butinclude but is not limited to Ask the Dietitianseasonal festivals, the Master
Gardeners, speaker panels, school tours and chef demonstrations.
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Terms of Participation
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 a participation agreement.
Farmers wishing to add a product to their product mix that was not included in
their original selling participation agreement must apply to do so annually.
“No Assignment” (Change In ownership of Farm or business)
There is no assignment of a selling space in the market in the event a participating
farm or business is sold. New owners must apply for a selling space and will be
considered in accordance with criteria set forth in this chapter.
2.2.5. Prepared Prepared and Prepackaged Food Vendors
The terms of participation for Prepared Prepared and Prepackaged Food vendors who are
selected through an RFP (Request for Proposals) (RFP) or RFQ process will be set forth in a
selling agreements and/or contract. Contract terms, number and type of vendors will be set with
each RFP or RFQ. If a vendor is unable to fulfill the terms of his/her contract, market management
will use one of the following criteria to fill the space:
Select the next eligible vendor with a similar product line from the RFP or RFQ process
Vacate the space
Fill the space with a Certified Producer
Conduct a new RFP or RFQ
To address operational needs of the market, contracts may be extended for up to one year.
process. (See Appendix ?) Prepared Food Permits Contracts are awarded for set terms and
renewed on a regular basis to allow access for interested applicants.
5.3.1 Selection Criteria Prepared and Pre-Packaged Food
Prepared and Pre-Packaged food vendors will be selected based on evaluation criteria in four
equally rated categories: Ingredient Sourcing, Environmental Sustainability, Qualifications and
Experience and Value and Product Concept. Additional consideration is given to businesses that
are located in Santa Monica.
1. Ingredient Sourcing
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a. GMO produces are prohibited
b. Pre-emptive use of antibiotics or hormones to promote growth is prohibited
c. Preference for purchases of California grown products
d. Preference for products purchased at SMFMs
e. Preference for Organic Ingredients
f. Preference for sustainable and/or fair-trade products
g. Demonstrated use of sustainable ingredients
2. Environmental Sustainability
a. Proof of sustainable business practices (Green Business Certification,
Sustainable quality Award) preferred
b. Demonstrated use of sustainable practices with regard to recycling,
composting, green cleaning products, water conservation measures, energy
efficiency
3. Qualifications and Experience
a. Preference for businesses with a proven record of successful temporary event
booth operation
b. Preference for businesses with a stated policy of excellent customer service
and high-quality standards
c. Preference for booths with attractive, unique displays
4. Value and Product Concept
a. Preference for businesses that provide one of a kind offering that enhance
overall variety and consumer choice
b. Preference for business with an operating policy that supports community
wellbeing, inclusiveness and fair pricing
2.2.6. 2.4 How is Stall Space Allocated?
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. The size and location of each selling
space is determined by market management. Every effort is made 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 assignment location. Such decisions are made at the market management’s discretion for
the benefit of overall market operations. The following evaluation criteria will be used when
making stall assignments:
• Need to alleviate chronic overcrowding.
• Reallocations will make better use of the space available.
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• 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
• Stall space may be reduced or increased based on:
• Sales volume indicating a need to reduce or increase stall space allotment.
Offloading due to shortage of parking space.
•
“No Assignment” (Change In ownership of Farm or business)
There is no assignment, transfer or sale of a selling space in the market is
permitted, in the event a participating farm or business is soldabsent prior written
consent by the city in its sole discretion. ALL New owners must apply for a selling
space and will be considered in accordance with criteria set forth in this chapter.,
including, but not limited to, the assignee’s farming experience and relationship to
the farm.
2.2.7. Information Disclosure Statement
Soliciting/Panhandling
These activities are protected by First Amendment rights governing free speech and public access.
Anyone engaging in these activities is asked to keep the public area free of discarded literature
and activities must comply withmust be in compliance with City of Santa Monica Municipal Code
4.54.020 which prohibits “aggressive solicitation” such as blocking passage, following a person
who has declined to make a donation or approaching customers who are waiting in line or siting
at a restaurant..
Many records maintained by the SMFMs are subject to the California Public Records Act,
Government Code Section 6250 et al. 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 information shared may complete a “non-release”
form.
2.2.8. Other Activities
All SMFMs 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:
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2.2.9. Filming and Photography
Filming and photography for commercial purposes or for broadcast purposes other than by an
accredited news organization areis allowed withsubject to prior approval from SMFM
management and must have a valid film permit issued by the City’s Film Permit Officedesignated
film permit coordinator .coordinator. An additional permit from the Downtown Santa Monica
Inc., may also be required to film in the area designated as the Downtown Santa Monica.
2.2.10. Signature Gathering/Petitioning/ Leafleting
Signature gathering and petitioning are allowed as free speech activities.
2.2.11. Product sample distribution
Only market participants may offer product samples within the markets
.
DOLLARS AND CENTS
26
3. DOLLARS AND CENTS
This section chapter presents information about stall and other fees, & billing, taxes, payments credits
and prices.
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
All market participants are expected to be accurate in all monetary transactions. It is advisable
that each farmer have in place a cash handling system. Disputes over monetary transactions may
be mediated on a case by case basis by the market manager with final resolution determined by
the market manager.
3.2. REFUNDS
Market participants are encouraged to give customers the benefit of the doubt and offer a full
monetary refund or replacement of equal value when purchases are disputed. Return or
exchange policy shall be posted in writing at the stall.
3.3. LOAD SHEETS
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 commodity group. Load sheets shall contain a declaration of the dollar
amount of amount of wholesale transactions. SMFMs management will monitor sales reporting
as necessary to check for accuracy.Load sheet reporting is subject to verification by a booth audit
Chapter 3
DOLLARS AND CENTS
27
SALES MONITORING
TO READ MORE ABOUT SALES MONITORING, STALL OR FARM AUDITS AND VIOLATION
PENALTIES, PLEASE SEE PAGE 10.RULE ?
RAINY DAY FEE POLICY
MARKETS REMAIN OPEN ON RAINY DAYS AND STALL FEES WILL BE COLLECTED ON
ANY SALES THAT TAKE PLACE. VENDORS WHOSE RATES ARE BASED ON A % OF SALES
REMAIN THE SAME. PREPARED AND PACKAGED FOOD VENDORS WILL HAVE A 50%
REDUCED STALL FEE WHEN AVERAGE FARMER SALES ARE DOWN BY 40% OR MORE
FROM THE AVERAGE ANNUAL SALES OF THE PREVIOUS YEAR.
3.4. RATES AND FEES
Schedule of fees is shown Attachment II.CertifiedCertified Producers areProducers are billed at
a rate of 5% of their reported daily commodity sales as listed in each commodity category on
their load sheettotal gross sales per market day. Prepared andPrepared and prepackaged food
vendors are assessed market participation fees per individual participation agreementpermit.
Retail booths located in the Little Main Street section of the Sunday Main Street Market are
subject to fees as determined by an agreement between the Main Street Business Improvement
Association (MSBIA) and SMFMs. In addition, Aall vendors shall also pay a $2 per market fee as
required by state law.
3.4.1. Rainy Day Fee Policy
Markets remain open on rainy days and stall fees will be collected on any sales that take place.
Prepared and packaged food vendors will have a 50% reduced stall fee when average farmer sales
are down by 40% or more from the average annual sales of the previous year. for State oversight
purposes (CA Food and Ag Code Section 15 47021 (a)
3.5. BILLING
Market participants shall be billed for all stall fees at the beginning of each month and payment is
due upon receipt. Unpaid invoices are grounds for suspension until past due balance is brought
current
3.6. 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, ormarket or mailed upon receipt of the monthly statement. The
City may, from time to time, modify acceptable payment procedures.
3.6.1. Delinquent Accounts
Payments are due upon receipt. If payment is not received within 30 days from the date of the
invoice, account becomes past due. Please seePenalties for nNonpayment accounts are subject
DOLLARS AND CENTS
28
to detailed in the provisions of Chapter 7, table 4 .for a schedule of payment violation policies
and penalties.Accounts over 61 days past due are delinquent accounts
3.6.2. Returned Checks
Checks returned to the City for insufficient funds will be charged a $25.00 penalty for the first
occurrence and $35.00 for a subsequent occurrences in addition to the amount owed.
Thereafter future payments shall be made by a certifiedCertified check or money order.
3.6.3. Credits
Market participants will receive credits toward their stall fees for a variety of items, including food
stampsCalFresh (food stamps), Farmers Market Nutrition Program (FMNP) couponschecks,
marketing coupons, items purchased by the market for use at the market or accompanying
programs.market dollars and Market Match (Pico Market only.) Credits will appear on the
monthly statement. Credits must be reported as income and included in the daily gross sales
report by commodity.
3.7. ASSISTANCE PROGRAM PARTICIPATION
Market participantsAll market participants selling SNAP eligible food items as authorized by the
USDA (https://www.fns.usda.gov/snap/eligible-food-items) (except prepared food vendors0
(where applicable) are required to accept SMFMs tokens issued for food stamps (CalFresh)
(anfood stamps). d Women Infants and Children (WIC), Farmers Market Nutrition Program FMNP,
and Senior Nutrition Farmers Market Program (SFMNP) and other programs approved by local,
county, state or federal agencies from time to time. and must adhere to all assistance program
participation rules and guidelines.
Farmers must be authorized to accept FMNP and Senior FMNP by renewing their eligibility with
the California Department of Health Services as required and must have an authorized 6-digit
WIC number. WIC FarmersMarket Nutrition Program and Senior Farmers Market Nutrition
Program checks and other similarly approved payments must be accepted by all authorized
farmers who have received a 6-digit WIC ID number from the California Department of Health
Services. As change cannot be given, producers are expected to assist WIC and CalFresh
customers by providing produce in $1 or $2 increments.No change for food assistance vouchers
can be given. Farmers are encouraged to provide produce in even dollar amounts.
DOLLARS AND CENTS
29
OTHER COUPONS
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 SMFMS
INFORMATION STALLS. CREDIT VOUCHERS MUST BE REPORTED AS INCOME AND INCLUDED
IN THE DAILY GROSS SALES REPORT BY COMMODITY. CREDIT VOUCHERS ARE INDICATED ON
STATEMENTS.
3.8. DONATIONS
SMFMs in a partnership with Food Forward, authorizes the collection of leftover produce from
individual farmers at the end of the market day. No money for the food collected and distributed
is ever charged or collected. The City of Santa Monica, its employees and agencies do not solicit
donations fromdonations from farmers, and market staff is required to pay full price for any
items purchased for personal consumption. Farmers may, at their own discretion, donate
produce to any individual or entity other than paid farmers market staff that they choose.
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.
3.9. SALES TAX
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.Santa Monica as a sales location.
DOLLARS AND CENTS
19
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HEALTH, SAFETY & CONDUCT
19
4. HEALTH, SAFETY & CONDUCT
This section chapter describes standards for health, safety and professional conduct expected of all market
participants. Violations of these standards are set forth in section 7 Market Violations page 36.
4.1. 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 suspension
from the following market or termination of market participation.
4.1.1. Prepared Prepared Food Absences
Prepared andPrepared and packaged food vendors operating under a signed contractpermit are
allowed three excused absences per year for any reason including but not limited to: weather
conditions, vacations, illness, staffing, etc. Market fees will be waived for excused absences.
Beyond these absences, Prepared andPrepared and Packaged food vendors will be required to pay
market fees regardless of the reason for absence.
4.2. ANIMALS
No live animals are shall be kept or allowed within 20 feet of any area where food is stored or
held17 in the produce aisles of the farmers market within 20 feet of any area where food is stored
or kept for salewith 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 SMFMsas defined by the American With
Disabilities Act (ADA)..
17 Cal. Health and Safety Code, Section 114371(d).
Chapter 4
HEALTH, SAFETY & CONDUCT
20
4.3. 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 the pavement from drips
from any part of a market participant’s vehicle and/or from food prepared orPrepared 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. . In compliance with the City of Santa Monica’s Sustainability
program, each market has a compost and recycling program. Market participants who do not
clean their stall space or incorrectly dispose of waste may be subject to fines and penalties
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 flower buckets, etc.) in the sewer system at the
close of market day. Waste water may not be dumped in the street, in planters or in storm
drains. [City Codes 7.16.020, 7.10.040 and 5.20.010].Water from handwash or sampling set up
must be disposed of in a treated sewer line (such as the public toilet) and may not be dumped in
planters or gutters.
DIRECT SALESCOMPOSTABLE 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
MARKET PARTICIPANTS WHO DO NOT CLEAN THEIR STALL SPACE TO MARKET
STANDARDS MAY BE SUBJECT TO VIOLATIONS AND FINES. SEE SECTION 7 MARKET
VIOLATIONS PAGE 36.OR INCORRECTLY DISPOSE OF WASTE MAY BE SUBJECT TO
FINES AND PENALTIES
AT THE 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.
4.4. COMMERCIAL RESALE
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
Quantity (IRQ) of all products sold. This ensures produce sold or consumed by an entity other
HEALTH, SAFETY & CONDUCT
21
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 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 IRQ.Direct sales
at a certifiedCertified farmers market may be conducted to consumers who are end users,
individuals, organizations or entities that subsequently sell the produce directly to end users and
individuals, organizations or entities that distribute the produce to end users at no cost to those
users. When produce is being re-sold or distributed at no charge, a farmer must provide a
memorandum that lists the identity of the producer, address of the producer Producer and the
identity and quantity of the produce purchased. (California Food and Agricultural Code Section
6 47002 (d) 1-3). All produce sales, whether sold by pre-order, at the market table, or in any
farmers market designated area must be declared on the load sheet.
4.5. COURTEOUS CONDUCT
Complaints
Complaint forms are available at the market. SMFMs management will try to respond to
customer complaints with two weeks of receipt.complaints that cannot be resolved at the market
may be submitted in writing to market management.
Market participants are expected to conduct themselves in a respectful 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 Market Violation Schedule
A which is grounds for immediate dismissal from the market with reinstatement of selling
privileges contingent upon a hearing (Section 7.4).Violation of this rule is grounds for immediate
dismissal with reinstatement of selling privileges contingent upon a hearing (Section 7 Market
Violations)as a Schedule A violation in Chapter 7.
4.6. CUSTOMER ADVISORIES
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 BEST QUALITY
PRODUCE.
4.7. DECEPTIVE PACK
Pre-packed items must clearly indicate the representative size and quality of all items in the
container offered for sale.
HEALTH, SAFETY & CONDUCT
22
FIRE
MARKET PARTICIPANTS SHALL COMPLY WITH ALL CITY FIRE CODE AND REGULATIONS
4.8. HANDWASHING
Market participants must wash their hands before returning to work from a food, smoking
orsmoking or restroom break.
4.9. HEALTH CODE COMPLIANCE
The activities at a CFM are covered bySMFMs are licensed food facilities that operate under a
Public Health Operating Permit issued by the Los Angeles County Department of Environmental
Health. 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 live animals other than service animals are permitted within twenty feet of any
temporary food facility or certified farmers market.food being stored or sold, except
for service animals as defined by the ADA at a CFM. (California Retail Food Code
114371 (d)
3. Prepackaged food sold directly to the customer must be prepared andPrepared and
packaged at an approved food facility. Prepackaged food must be clearly labeled with
the following information
o Name of the item;
o Weight or volume of the package;
o Ingredient list; and
o Name and location of the manufacturer.
4. No home processed foods shall be sold at SMFSs including food prepared underPrepared
under AB 1616 the (Cottage Food Law). All food products prepared forPrepared for
resale at SMFMs must be prepared inPrepared 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 occur provided follow California Retail Food
Code and section 4.17 of the Rules.Produce sampling that follows the California Health
and Safety Code guidelines is permitted.
6. Cut melons with skin on andon and sprouts must be kept on ice. Dairy products must
be maintained at 45 degrees.o.
HEALTH, SAFETY & CONDUCT
23
7. Processed products such as dried fruits and salad mix must be covered or clearly marked
with a sign stating “wash before consuming”
4.10. MINIMUM GRADE REQUIREMENTS
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,
andrequirements and must represent a "field run" or better qualitybetter-quality range.
Containers of culls or “seconds” only will not be permitted for sale unless the producer Producer
is also selling the same product at a "field run" standard or better. Culls must be clearly labeled
as "culls", “seconds” "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.
Customers must be informed if produce is over-ripe and requires immediate consumption or
processing
4.11. 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 prohibited. No bicycling, skateboarding, roller-skating, or riding of scooters is permitted.
in SMFMs.
4.12. NON-MARKET RELATED ACTIVITIES
Sales, marketing or advertising of products not otherwise listed on the producers CPCProducers
CPC or 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 hosting which are open to the public. Market
participants shall not market, advertise or display information for events or causes not related to
the SMFMs.
4.13. PARKING
When possible, market participants will be provided vehicle parking at their stall space. When
space is not available, market participants must park off-site in designated off-site market
participant parking. Market participants and their employees shall not park vehicles or trailers in
lots or at meters adjacent to the Saturday Pico Market or the Sunday Main Street Market. Upon
closing, market participant vehicles must be moved to accommodate 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. Farmers may receive up to four reduced rate parking passes
at the downtown farmers markets for employees while they are working at the market.
HEALTH, SAFETY & CONDUCT
24
4.14. PREVENTION OF HARRASSMENT IN THE WORKPLACEZERO TOLERANCE FOR
DISCRIMINATION AND HARASSMENT
The SMFMs have a zero tolerance policy for Market participants must comply with the California
Department of Fair Employment and Housing Guidelines on the Prevention of Harassment in the
Workplace. Ddiscrimination or harassment toward any person while at the farmers
marketSMFMs is prohibited. Discrimination consists of directing negative, derogatory or
demeaning comments or behavior toward any person on the basis of race, religion, age, gender,
sexual orientation, national origin or disability. Harassment is any word or action meant to
embarrass, offend, intimidate or impede another person’s ability to engage in lawful activities
while at the marketSMFMs. Harassment includes any conduct which could be unwelcome or
unwanted even if the individual has no intention to harass. Even well-intentioned conduct can
constitute harassment if the individual would find it offensive (e.g. gifts, over-attention, endearing
nicknames, hugs.) Simply because no one has complained about a joke, gesture, picture, physical
contact or comment does not mean that the conduct is welcome.
4.15. PUNCTUALITY
Market participants are expected to arrive on time. To ensure safety, market participants arriving
late must be escorted into the market by authorized personnel or may be asked to leave their
vehicle outside the market boundaries and walk their product into the market.
4.16. SAMPLING
Distribution of food samples may occur under the following sampling setup and procedures.
conditions
4.16.1. Sampling Setup
• Five (5) gallon hot (100o) water container with downward-facing continuous flow
spout (for hands and produce washing) with five (5) gallons of 100o water;.
• Non-absorbent cutting board;
• A knife used exclusively for sampling;
• 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;
• Liquid pump soap dispenser (bar soap is not acceptable);
• Single use (paper) towels;
• Cover (sneeze guard) for cut samples;
• Single-serve toothpick dispenser or tongs for handing out samples;
• Bucket to catch wash water.
HEALTH, SAFETY & CONDUCT
25
4.16.2. Sampling Procedures
• 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;.
• 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.
• Samples must be cut out of reach of customers and under a canopy or protective
cover. Cut samples must be kept covered;.
• Clean, disposable plastic gloves shall be used when cutting food samples;.
• Samples must be served to customers on a toothpick or with tongs;
• Samples shall be kept in approved, clean, covered containers;.
• All food samples shall be distributed by the producer Producer in a sanitary
manner.
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.
4.17. SIDE-SELLING AND DELIVERY
Market participants are prohibited from selling and/or distributing products at SMFMs which have
not been previously approved by market management.The sale of non-approved products at the
farmers marketSMFMs or adjacent areas under the market’s control is prohibited.
4.18. SMOKING
Smoking is prohibited at SMFMs. The City prohibits smoking and within 20 feet of all entrances,
exits and open windows of buildings open to the public. Violations are subject to fines of up to
$250 issued by the City of Santa Monica Police. Market participants , who smoke, must wash
their hands prior to returning to their stall.
4.19. SUBSTANCE USE
Consumption of alcoholic beverages or any controlled substance while at the market SMFMs is
prohibited and is a constitutes a sSchedule A violation, which is grounds for immediate dismissal
from the market with reinstatement of selling privileges contingent upon a hearing.subject to
immediate dismissal under Chapter 7.
OVER RIPE
If produce is overripe and must be consumed the same day, the customer must be informed in
advance of the sale of the product.
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SETUP & DISPLAY
27
5. SETUP & DISPLAY
This section chapter describes discusses stall set up and breakdown times, booth layout, and labeling and
display requirements. It is the goal of the SMFMs to have a safe and aesthetically pleasing market.
5.1. STALL LAYOUT
All stalls much comply with the following layout requirements:
• 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;.
• Directional signs are permissible to guide and direct. Directional signs shall not
impede pedestrian circulation or safety;.
• Market participants who display product on a side table must allow at least 24
inches of unobstructed side aisle;.
• Tables and other display fixtures must be sturdy and not overloaded to a point
where they are unstable;.
• All shades and shelters must be securely fastened. Windy conditions may
necessitate canopies being removed; and.
• Market participants whose stalls are not set up to standard shall be asked to
discontinue sales until set up is corrected.
5.2. WEIGHTS AND MEASURES
When any product is sold by weight, the scale used must be approved, tested and sealed by the
County Agricultural Commissioner, Sealer of Weights and Measures. Every scale in use at SMFMs
Scales 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. LABELING & DISPLAY
Market participants are encouraged to create attractive displays.
Chapter 5
SETUP & DISPLAY
28
1.5.3.2 Closed or sealed containers – Certified and Non-Certifiable Agricultural Products
Closed and sealed containers must be properly labeled with the identity, responsibility and
quantity (IRQ).All Certified and Non-certifiable Agricultural Products (fresh fruits, nuts and vegetables)
sold in closed consumer containers shall be labeled with the name, address, and ZIP code of the
producer, and a declaration of identity and net quantity of the commodity in the package18. CA
Food and Ag Code Section 6 47002 c
5.3.1.1 Certified and Non-Certifiable Agricultural Products
Identity: Contents (if product is not readily identifiable),
Responsibility: Name, address and zip code of the certified producer or producer.
Quantity: Weight and grade (where applicable),
If the package contains six items or less and items are visible and sold by count, a quantity
statement is not required.
Pre-packaged and Non-CertifiableNon-certifiable Processed
Agricultural Products.
FOODood prepackaged in a FOOD FACILITY food facility shall bear a
label that complies with the labeling requirements prescribed
by the Sherman Food, Drug, and Cosmetic Law (Part 5
(commencing with Section 109875)), 21C.F.R. 101-Food Labeling, 9
C.F.R. 317-Labeling, Marking Devices, and Containers, and 9 C.F.R.
381-Subpart N Labeling and Containers, and as specified under
Sections 114039 and 114039.1.
Label information shall includewith the following:
1. The common name of the food, or absent a common
name, an adequately descriptive identity statement;.
2. If made from two or more ingredients, a list of ingredients in descending order of
predominance by weight, including a declaration of artificial color or flavor and
chemical preservatives, if contained in the food; FOOD.
3. An accurate declaration of the quantity of contents;.
4. The name and place of business of the manufacturer, packer, or distributor.
Bulk Food that is available for consumer self-service shall be prominently labeled with either (1)
manufacturer’s or processor’s label that was provided with the food or (2) a card, sign or other
method of notification that includes the information specified under paragraphs 1 – 4 above.
18 Cal. Food and Agricultural Code, Section 47002(c).
SETUP & DISPLAY
29
5.3.1. 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 Producer to set price is
forbidden by state laws.
5.3.3 Organic Labeling
CertifiedCertified producers whoProducers who claim their produce is “organic” either in signs or
in verbal claims, must be CertifiedCertified 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.
2.5.3.4 Signs and Posting
During selling hours the following documents , where applicable, shall be conspicuously posted
at the point of sale:
1. Farm or business name. Signs must be legible with lettering at least 3 inches tall.A
sign or banner that states the farm name, the county of production and a
statement” We Grow What We Sell” or similar phrase for each farm that is
selling in the booth.19; CA Food and Ag Code Section 8, 47004 c (1)
2. Embossed current CertifiedCertified Producer's Certificate (CPC) which must
listlists "Los Angeles" as an Authorized County 20. 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,
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;.
8. Other signs as required by SMFMs management such as “WIC”, “EBT/CalFresh”
Accepted here” or market management issued marketing posters and flyers;.
9. Prices must be clearly posted; and.
10. Produce varieties shall be posted.
19 Cal. Food and Agricultural Code, Section 47004(c)(1).
20 3 CCR, Section 1392.4.
SETUP & DISPLAY
30
GROWING PRACTICES DISCLOSURE
FARMING PRACTICES MUST BE FULLY AND TRUTHFULLY DISCLOSED. REFER TO
SECTION 2.2.8 FOR GROWING PRACTICES DISCLOSURE DOCUMENTATION
REQUIREMENTS.
NO SPRAY
THE TERM “NO SPRAY” IS NOT ALLOWED AT THE SMFMS AS IT IS VAGUE MISLEADING.
NO PESTICIDES OR CHEMICAL FREE
CLAIMS OF “NO PESTICIDES” OR “CHEMICAL FREE” MUST BE SUBSTANTIATED BY
ACCURATE REPORTING ON YOUR GROWING PRACTICES INFORMATION FORM.
5.4. SUSTAINABILITY
Market participants shall comply with the City sustainability programs and initiatives which
include, but are not limited to the Zero Waste Program, the Single-Use Carryout Bag Ban and
the Expanded Polystyrene Ban. Market participants are also required to comply with additional
sustainability programs which may be initiated by SMFMs.
5.5. SETUP & BREAKDOWN TIMES
SMFMs hours are as stipulated by each market. No market participant may sell prior to market
opening or after the market is closed. SMFMs management may open or close the market early
if extreme threatening or inclement weather conditions exist or on certain holidays.
Market participants are not permitted to leave the market prior to closing unless special
arrangements are made with market management
AUDIT PROGRAM
SETUP & DISPLAY
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.
A UDIT PROGRAMSETUP & DISPLAY
33
6. AUDIT PROGRAM
SMFMs are known for high quality and unique products. To ensure the integrity of SMFMs and products
sold, the following comprehensive audit program includes stall sales audits and farm visits.audit program
is in place.
6.1. STALL BOOTH SALES AUDITS
Stall Booth sales audits are are conducted at the market participants’ stall during the market
hours of operation to ensure accuracy in sales reporting. .. 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 THE STALL TO RECORD SALES TRANSACTIONS
AND REPORT TOTAL SALES AT THE END OF THE DAY TO SMFMS MANAGEMENT.
MARKET PARTICIPANTS WHO ARE BEING AUDITED ARE EXPECTED TO 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 FARMERS MARKET PROCEDURAL GUIDE
(AVAILABLE UPON REQUEST).
PENALTIES FOR DISCREPANCIES IN SALES REPORTING ARE OUTLINED IN SECTION 7
MARKET VIOLATIONS.
6.2. FARM AUDITS
Farm Audits are conducted by SMFMs management to verify that the products being sold at
SMFMs are in production at the certifiedCertified location and in accordance with the provisions
of the Direct Marketing Regulations21 22. Farmers are required to be at the farm during the farm
audit. Failure to allow a scheduled farm audit by authorized farmers market representatives may
result in suspension or revocation of participation privileges.
3 CCR 1392 CA Food and Ag Code Part 1, Division 1, chapter 9, section 890 (a)21 California Code of Regulations, Article 6.5
Direct Marketing, Section 1392 – 1392.1.
22 3 CCR 1392 CA Food and Ag Code Part 1, Division 1, chapter 9, section 890 (a)
Chapter 6
A UDIT PROGRAMSETUP & DISPLAY
34
FARM AUDITS CONSIST OF SEVERAL STEPS:
STALL PRODUCT AUDIT IS CONDUCTED DURING THE MARKET. ITEMS PRESENTED FOR
SALE ARE RECORDED AND PHOTOGRAPHED.
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.
A WRITTEN REPORT IS COMPOSED AND FINDINGS ARE PRESENTED TO THE MARKET
PARTICIPANT AND A COPY IS KEPT IN THE CERTIFIED PRODUCERS’ FILE NOTING ANY
ACTIONS TAKEN FOR VIOLATIONS OR FOLLOW UP. A COPY OF THE WRITTEN REPORT
MAY BE SUBMITTED TO THE COUNTY AGRICULTURAL COMMISSIONER.
CERTIFIED PRODUCERS AND PRODUCERS ARE SELECTED FOR FARM AUDITS BASED ON,
BUT NOT LIMITED TO THE FOLLOWING CIRCUMSTANCES:
WHEN A CERTIFIED PRODUCER OR PRODUCER FIRST APPLIES TO THE SMFMS.
WHEN INFORMATION IS RECEIVED REQUIRING FIELD VERIFICATION.
AS PART OF THE NORMAL AUDIT CYCLE.
6.3. MYSTERY SHOPPER
SMFMs management may utilize mystery shoppers to verify accuracy and integrity in all sales
transactions.
6.4. AUDIT PROGRAM PARTICIPATION
Market participants shall cooperate with requests by with SMFM Management for stall booth
sales audits or farm visits audits by SMFMs management or authorized person. Refusing to comply
with audit requests shall result in a Market Violation sSchedule A Violation subject to , which is
grounds for immediate dismissal from the market with reinstatement of selling privileges
contingent upon a hearing.
SETUP & DISPLAY
PAGE INTENTIONALLY LEFT BLANK Market participants are responsible for keeping market
management apprised of current address and phone numbers.
MARKET VIOLATIONS
7. MARKET VIOLATIONS
Santa Monica Farmers Markets follow an open and fair due process in all matters pertaining to reporting
and investigating market violations.
The SMFMs management and any other agents assigned to do so may issue warnings, fines, and
suspensions,; remove a market participant from any market, curtail or have selling privileges at
SMFMs curtailedor expel a market participant for failure to comply with these rules and all or
other applicable federal, state or local regulations and laws. Failure to comply with the Rules may
result in penalties up to and including expulsion at all SMFMs. Market participants are responsible
for the actions of their employees. All violations will be noteddocumented to the market
participants file.
7.1. SECTION 7.1. MARKET VIOLATIONS.
The Farmers Market Manager or designee may issue a Notice of Action for violation of The Rules
by any market participant, and may suspend, dismiss or expel any market participant according
to the following schedule:
7.2. SCHEDULE A.
Schedule A violations are violations that are serious in nature, impact public health, safety and
welfare, or severely interfere with the operations of the SMFMs. These violations include, but are
not limited to, the following:
1. Producers sellingProducers selling product not of their own production;
2. Physical violence or threatening behavior to anyone;
3. Rude, abusive, insulting, disruptive or threatening language to anyone;
4. Under the influence of drugs or alcohol at the market;
5. Refusing to participate in the stall or farm audit program or to comply with any
corrective action required by the City through the audit;
6. Refusal to comply with a directive from the Market Manager;
7. Violations of the California Food and Agriculture Code.
Chapter 7
MARKET VIOLATIONS
Schedule A violations are grounds for immediate dismissal and expulsion from the market as
determined by the Market Manager or designee. Within 72 hours from the dismissal, the market
participant will be provided with a Notice of Action as set forth in Section 7.5.17.2.1 below.
7.3. SCHEDULE B.
Schedule B violations are violations for selling products not authorized, falsely marketing,
interfering with the operations of the SMFM or other violations of the Rules. These violations
include, but are not limited to, the following:
1. Noncompliance with local health department regulations;
2. Selling product not listed on CPC;
3. Selling product not listed in selling agreement;
4. False organic marketing;
5. Failure to submit load listsheet;
6. Failure to comply with other market rules, includingexcept nonpayment;
Schedule B violations may be grounds for suspension and/or expulsion by the Market Manager or
designee absent corrective action. Within 72 hours of the determination by the Market Manager
or designee, the market participant will be provided with a Notice of Action set forth in Section
7.5.17.2.1 below.
7.4. SCHEDULE C. PAYMENT.
Schedule C violations involve nonpayment of stall fees in a timely manner. The following notices
and opportunity to cure will shall be applied:
1. First Notice. A Notice(s) of payment violation will be issued for any delinquency
over 601 days, and the market participant will be suspended until the delinquent
payment is received. full over 60 61 day past due payment is received for a first
violation.
2. Second Notice. A second notice for payment violation over 61 day past due
violation will result in suspension until the entire balance is paid in full, including
the current balance.
3. Third Notice. Any market participant with three payment
violations/delinquencies will be placed on a weekly payment plan and will be
required which requires to make the payment at the end of each market day and
to maintain a $0 balance at all times.
4. Failure to pay arrears after the SMFM’s issuance of three notices of payment
violation will result in an additional one (1) day suspension from the SMFMs. The
market participant may not participate in the SMFMs until all arrears are paid in
full.
MARKET VIOLATIONS
Final Notice. The final notice of violation may result in either a suspension from
the market for a duration as determined by the Market Manager or expulsion
from the market. Payment. [INSERT]
5. Section
7.5. 7.2. ENFORCEMENT AND DUE PROCESS
In determining the appropriate action by the City for the violation by the market participant, the
City shall take into consideration the following factors: (i) whether the violation is a Schedule A,
or Schedule B, or Schedule C violation; (ii) the frequency, recurrence and number of violations
by the market participant; (iii) history of the violation; (iv) market participant’s good faith efforts
to come into compliance; (iv) impact upon market customers; (v) impact upon market operations;
and (vi) such other factors as justice may require. Market management shall provide reasonable
due process relating to the imposition of any fine, suspension, dismissal or expulsion from the
SMFMs as follows:
7.5.1. Notice of Action.
For Schedule C violations, the market management will follow the sequence of notices and actions
set forth in Section 7.4, above. For Schedules A violations and Schedule B violations, the market
manager shall issue a Notice of Action within 72 hours from the violation. The Notice of Action
shall contain the following information:
The Market Manager shall issue a Notice of Action within 72 hours. The Notice
of Action shall contain the following information:
• A description of the violation and the section of the Rule violated;
• The action imposed (i.e., suspension, dismissal or expulsion from the SMFM);
• Any required corrective action as a condition to reinstatement; and.
• The appeals process set forth in Sections 7.6 ands 7.6.17.2.2 and 7.3;.
• The Notice of Action shall be sent by (i) personal delivery to the market
participant or (ii) by deposit in the United States Mail, in a sealed envelope postage
prepaid, to the address provided to the Farmers Market, or (iii) by overnight
express mail or (iv) by email to the market participant, or a combination of two
of the above methods. Service by mail shall be deemed to have been completed at
the time of deposit in the post office.
• The action imposed by the Market Manager shall be effective from the dateservice
of the a Notice of Action.
7.5.2. Office Conference
A market participant may request an Office Conference with the Economic Development
Manager or designee to review a Notice of Action. Any such request must be made within five
MARKET VIOLATIONS
(5) days after the receiptservice of the Notice of Action. The Office Conference is an informal
opportunity for the market participant to present evidence and argument against the action by
the CityMarket Manager.
7.5.3. Decision After Office Conference.
Following an Office Conference, the Economic Development Manager or designee shall issue a
written decision (“Economic Development Decision”) within five (5) days after the conclusion of
the Office Conference. The Economic Development Decision is effective on the date of issuance.
Any determination to suspend, dismiss or expel shall remain in full force and effect during the
pendency of the appellateappeals process set forth in Section 7.6.
7.6. 7.3 APPEALSAPPEALS AAND ADMINISTRATIVE HEARINGS.
7.6.1. Appeal to Hearing Examiner
An Economic Development Decision may be appealed to a Hearing Examiner appointed by the
City of Santa Monica to conduct a hearing in accordance with SMMC Section 1.10.090. The
request for appeal must be submitted in writing within thirty (30) days from the date of the
Economic Development Manager’s Decision. Absent good cause for extension or agreement by
the parties to extend the hearing date, the hearing will be conducted within thirty (30) days from
the submission of the appeal request.
7.6.2. Conduct of Hearing
The Hearing Examiner shall consider any written or oral evidence consistent with the
Administrative rules and procedures regarding the violation and the decision by the Economic
Development Manager. The appellant has the burden of proof. In order for the appellant to
prevail, the appellant must show, by a preponderance of the evidence, that the City staff’s decision
under review is not authorized by applicable local, state or federal law or is inconsistent with
these Rules.7.3.1 Appeal to Hearing Examiner.
An Economic Development Decision may be appealed to a Hearing Examiner appointed by the
City of Santa Monica to conduct a hearing in accordance with SMMC Section 1.10.090. The
request for appeal must be submitted in writing within thirty (30) days from the date of the
Economic Development Decision. The hearing shall be conducted within thirty (30) days of the
submission of the appeal request.
7.3.2 Conduct of Hearing.
The Hearing Examiner shall consider any written or oral evidence, consistent with administrative
hearing rules and procedures, regarding the violation and the decision by the Economic
Development Manager. 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.
7.3.3
MARKET VIOLATIONS
7.6.3. Decision of Hearing Examiner.
The Hearing Examiner shall issue a written decision upholding, reversing or amending the
Economic Development Decision. This decision shall be final and shall not be subject to further
administrative appeal. The decision shall be issued within thirty (30) days after the conclusion of
the Administrative Hearing.
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 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
expulsion at all SMFMs. Market participants are responsible for the actions of their employees.
All violations will be noted to the market participants file.
Table 1: Market Violations - Schedule A
Violations listed in Schedule A, are grounds for immediate dismissal and expulsion from the
market with reinstatement subject to due process provisions outlined below in section XX.
olation
A Producers selling product not of their own production
A Physical violence or threatening behavior to anyone
A Rude, abusive, insulting, disruptive or threatening language
A Under the influence of drugs or alcohol
A Refusal to participate in the stall or farm audit programscomply with a directive from market
manager or authorized representative
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.
olation 1st Offense 2nd Offense 3rd Offense
B
Non-compliance
with local health
department
regulations
Oral reprimand
immediate corrective
action
Oral reprimand
immediate corrective
action
1 day suspension
from all SMFMs
B Selling product not
listed on CPC
Oral reprimand
immediate corrective
action
Oral reprimand
immediate corrective
action
1 day suspension
from all SMFMs
B
Selling product not
in selling
agreement
Oral reprimand
immediate corrective
action
Oral reprimand
immediate corrective
action
1 day suspension
from all SMFMs
B False Organic
Marketing
Oral reprimand
immediate corrective
action. 3
Oral reprimand
immediate corrective
action
1 day suspension
from all SMFMs
B Culls, poor quality,
overripe
Oral reprimand
immediate corrective
action.
Oral reprimand
immediate corrective
action
1 day suspension
from all SMFMs
B
Stall Sales Audit
Discrepancy of 20%
averaged over 3
months
Oral reprimand
immediate corrective
action.
$250 fine $500 fine
y combination of four (4) Schedule B violations in a 12 month period shall be cause for a 3 month
pension from SMFMs with reinstatement of selling privileges contingent upon space available.
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.
olation 1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense
C
No show without
telephoning prior
to market start.23
Oral
reprimand
with note to
file
Written
violation
Written
violation with
proposed one-
day suspension
warning
1 day
suspension
from the same
SMFM the
following week
1 day
suspension
from all SMFMs
the following
week
C Arriving after
market start time.4
Oral
reprimand
with note to
file
Oral
reprimand
with note to
file
Written
violation and
correction plan
Notice of
proposed one
day suspension
1 day
suspension
from the
market the
following week
C General stall set
up unsafe
Sales
suspended
until set up is
correct
Sales
suspended
until set up is
correct
Sales
suspended
until set up is
correct
Sales
suspended
until set up is
correct;
written
warning
Sales
suspended
until set up is
correct;
warning of one
day
suspension;
correction plan
C
Failure to submit
load list
Load sheets are
due at the end of
each market. Load
sheets will be
accepted via fax or
called in on a case
by case basis
within 24 hours
after the market.
Oral
reprimand
with note to
file
Oral
reprimand
with note to
file
Oral
reprimand
with note to
file; written
correction plan
Compliance
with
correction plan
Compliance
with
correction plan
C Failure to clean
stall space or
Oral
reprimand
Oral
reprimand
Oral
reprimand
with
$50 $100
23 Emergency exception: If vendors miss a market due to an emergency, a 48 hour grace period will be granted. However, sellers
must contact the Santa Monica Farmers Market via email or voicemail within 48 hours of the market start time to avoid a violation
and ensure their space for the following market.
MARKET VIOLATIONS
olation 1st Offense 2nd Offense 3rd Offense 4th Offense 5th Offense
leaving trash
behind
with note to
file
with note to
file
notification of
proposed fine
y six (6) Schedule C violations in a 12 month period shall be cause for shall be cause for a one (1) month suspension
m SMFMs with reinstatement of selling privileges contingent upon space available.
MARKET VIOLATIONS
Table 4: Payment Violations
olation
61 Days past
due
From date
of invoice
61 Days (2nd offence)
From date of invoice
61 Days (3rd offence)
From date of invoice
D Failure to pay stall
fees on time
Suspension
from all
markets
until balance
is brought
current
within 30
days
Suspension from all markets
until balance is brought
current within 30 days
Suspension from all
markets until balance is
paid in full, including
current month’s balance.
Thereafter, required to pay
stall fees weekly. .
D
Check returned
due to insufficient
funds
$25.00 returned check fee for 1st occurrence, $35.00 for all subsequent
occurrences. All future fees must paid via certified check or money order
D
Failure to comply
with weekly
payment plan
suspension from all markets until account is brought current.
Enforcement and Due Process
Market management shall provide reasonable due process as outlined in section XXX to all
market participants relating to the imposition of a fine, suspension, dismissal or expulsion from
the SMFMs.
DISMISSALS
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 the right to
resume operations at all SMFMs.
Any conditions imposed 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 with the required
conditions. Suspension shall remain in effect during the appeal process
FINES, SUSPENSIONS AND EXPULSIONS
MARKET VIOLATIONS
Other than immediate expulsion as described in Schedule A, market participants may receive a
Notice of Proposed Action. 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 finaled as authorized by these rules.
The Notice shall:
State the specific reason(s) for the action.
Be delivered in person or and mailed, faxed, sent by Certified Mail or and 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 as outlined in Schedule A.
Advise the market participant of the written appeal process of the action.
Upon issuance of a Notice of Proposed Action, the following steps will be followed:
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 finaled.
Final Farmer’s Market Enforcement Action
The Farmer’s Market Supervisor shall issue his/her decision (“Final Enforcement Action of a
NOPA”) 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 EOffice 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 nforcement Action shall
remain in full force and effect during the pendency of the appellate process.
APPEALS AND ADMINISTRATIVE HEARINGS
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.
The request for appeal must be submitted in writing within 30 days XX 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.
MARKET VIOLATIONS
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 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.
Glossary of Terms
Attachment
1
Market Hours and Days
Market hours and days are subject to change under the sole authority and discretion of the City
Manager
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 -1pm
Opened: May 8, 1991
Virginia Avenue Park Farmers Market
Comer of Pico Blvd. and Cloverfield Avenue
8am - 1pm
Opened: March 14, 1992
Main Street Farmers Market
2640 Main Street at Ocean Park Blvd.
9:30am -1pm
Opened: January 15, 1995
Attachment
2
Rates and Fees
Below please find the SMFM schedule of rates and fees for various market participants. Fees are
subject to change at will by market management. Vendors are responsible to pay fees as listed
below for any sales activity that take place during the market day or portion thereof.
Vendor Type Rate Charged
Certified Producers 4.5 % of gross sales paid to the SMFMs + $2.00 legislative fee
Producers 4.5 % of gross sales paid to the SMFMs + $2.00 legislative fee
Prepared and processed
Agricultural
4.5 % of gross sales paid to the SMFMs + $2.00 legislative fee
Non-certified Processed Producers 4.5 % of gross sales paid to the SMFMs + $2.00 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
SMFMs24
$125 for first 10x10, $50 each
additional 10x10 paid to the
SMFMs25
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
24 Fees for prepared and packaged food vendors attending the Saturday Pico Farmers Market are reduced by $25.00.
25 Fees for prepared and packaged food vendors attending the Saturday Pico Farmers Market are reduced by $25.00.
Attachment
3
Nursery Stock
To sell nursery stock at the Santa Monica Farmers Markets certified producers must adhere to
the following standards.
Possess a valid nursery license, whether fee exempt or commercial
Comply with pest cleanliness quality and varietal trueness standards.
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:
Plants are in the possession and control of the certified producer for not less than 90 days or
from purchase or from the date of first planting in the case of sexual (seeds) and vegetative-
asexual (cuttings, grafting, etc.)
The certified producer has practiced agricultural arts upon the plants including one or more of
the following:
Sexual propagation using seeds. Documentation can be provided which supports seed
purchase/production.
Vegetative or asexual propagation using vegetative tissues (stem, root, leaves) to create new
plants. Documentation can be provided which supports plant purchase/production.
Purchase of plants which must be transplanted to a larger container as compared to the original
and must have full root growth in the transplanted container.
Prepare plant varietals (potted arrangements of mixed plants) using only growers own certified
plants (refer to 3bI, II and/or III).
All certifiable plants must be labeled with at least the common name and preferable common and
botanical name.