SR 05-25-2021 3H
City Council Report
City Council Meeting: May 25, 2021
Agenda Item: 3.H
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To: Mayor and City Council
From: David Martin, Director, Administration
Subject: Approval of Farmers Market Rules, Regulations and Policy Guide Update
Recommended Action
Staff recommends that the City Council adopt the proposed amendments to the
Farmers Markets Rules, Regulations and Policy Guide, to include: updated language
and process; updated food vendor selection process and vendor eligibility; and fee
increase for farmer participants.
Summary
The Santa Monica Farmers Markets Rules, Regulations, and Policy Guide (“Rules”) is a
guiding and essential document for all vendor participants and activities occurring at the
City’s four weekly farmers markets. The Rules provide the structure of governance and
operations, inform participants of their responsibilities, and outline the enforcement
procedures and penalties for violations. Last amended in 2018, staff recommends
updates to the Rules to streamline the document, update vendor fees, and broaden and
simplify the application process for prospective prepared food vendors to encourage a
wider range of applicants.
Discussion
The Rules were first approved by Council on November 10, 2009 and have been
amended four times, as indicated by the Past Council Actions chart below. Proposed
amendments to the current Rules are minor in content but seek to make changes
reflective of Santa Monica Farmers Markets and City goals. The 2018 Rules
amendment proposed streamlining the Prepared and Prepackaged Food Request for
Proposals (RFP), and the current recommended Rules amendments propose further
changes to the RFP recruitment and selection process, as the market seeks to minimize
barriers to entry by simplifying the application process, quantifying the selection criteria
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for prioritization of local businesses, and creating broader opportunities for participation
by including Cottage Food vendors as eligible vendor types.
In January 2020, the Economic Development Division presented proposals to the City’s
Budget Task Force to create cost savings within the Farmers Markets. The Budget Task
Force agreed with the staff recommendation to increase Farmers Market fees for
Certified Producers from 5% to 6% of sales. The recommended Rules amendment to
the vendor fees would reflect the fee increase to 6%, which will result in increased
revenues and better align with other farmers markets in the region. This increase in the
proprietary fee can be approved administratively through adoption of the Rules and
does not require resolution.
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
06/11/2013
(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
11/27/2018
(attachment D)
Updates to the document reflected major amendment changes to
State laws, especially those regarding penalties for false marketing;
streamline and clarify actionable penalties to vendors for Rules
violations; revised process for recruitment and selection of food
vendors was adjusted to mirror existing RFP programming.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action. The proposed fee change is expected to increase revenue by
approximately $174,000 per year, which was included in the FY 21-23 Proposed
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Biennial Budget. Revenues will be deposited in account 01700014.415160. Staff will
return to Council if specific budget actions are required in the future.
Prepared By: Jaclyn Rivera-Krouse, Farmers Market Manager
Approved
Forwarded to Council
Attachments:
A. Attachment A - Santa Monica Farmers Market Rules 2010 (Web Link)
B. Attachment B - Santa Monica Farmers Market Rules 2012 (Web Link)
C. Attachment C - Santa Monica Farmers Market Rules 2013 (Web Link)
D. Attachment D - Santa Monica Farmers Market Rules 2018 (Web Link)
E. Attachment E - SMFMs Rules 2021 Redline
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Rules, Regulations and Policy
Guide
Adopted
May 25, 2010
Updated
March 20, 2012; June 11 2013, and November 27, 2018, _____, 2021
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ADMINISTRATIVE OFFICE
1685 Main St, City Hall East, 2nd Floor, Mail Stop 121901 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 2nd Street
SATURDAYS PICO
8:00 am to 1:00 pm
2200 Virginia Avenue
MAIN STREET SUNDAYS
8:30 am – 1:30 pm
2640 Main Street
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TABLE OF CONTENTS
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TABLE OF CONTENTS
A BRIEF HISTORY ............................................................................................................................................ 2
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
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3. DOLLARS AND CENTS ........................................................................................................................ 23
3.1. PRICES & MONEY HANDLING ................................................................................. 23
3.2. REFUNDS ......................................................................................................................... 23
3.3. LOAD SHEETS ................................................................................................................ 23
3.4. RATES AND FEES ........................................................................................................... 23
3.4.1. Rainy Day Fee Policy .................................................................................... 24
3.5. BILLING 24
3.6. PAYMENTS ....................................................................................................................... 24
3.6.1. Delinquent Accounts .................................................................................... 24
3.6.2. Returned Checks ........................................................................................... 24
3.6.3. Credits ............................................................................................................. 24
3.7. ASSISTANCE PROGRAM PARTICIPATION ........................................................... 24
3.8. DONATIONS .................................................................................................................. 25
3.9. SALES TAX ....................................................................................................................... 25
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. DIRECT SALES ................................................................................................................ 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
4.16. SAMPLING ........................................................................................................................ 26
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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 .......................................................................................................................... 33
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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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 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
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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
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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
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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.
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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.
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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;
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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 day14. 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.
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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.
2.1.10. “No Chemical” “Pesticide Free” 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.
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Services: Knife sharpeners, dog valet, soap refill station,. or other Iitems which
enhance the products at the market and support they City’s sustainability goals.
Services must fit within agricultural, culinary or sustainability related categories
and must be for direct sale at market site.
Local Business Incubator Program: Local Santa Monica based cottage food,
wellness, and retail businesses. Designed to provide low barrier to entry for
startup and LGBTQ and POC owned businesses.
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.
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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.
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.
Selection Criteria Prepared and Pre-Packaged Food
Prepared and Pre-Packaged food vendors will be selected based on evaluation criteria in four five
equally rated categories: Ingredient Sourcing, Environmental Sustainability, Qualifications and
Experience, and Value and Product Concept, and Local Businesses. Additional consideration is
given to businesses that are located in Santa Monica.
1. Ingredient Sourcing
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a. GMO products are prohibited
b. Pre-emptive use of antibiotics or hormones to promote growth is prohibited
c. Preference for ingredient purchases of California grown products
d. Preference for products ingredients purchased at SMFMs
e. Preference for Organic Ingredients
f. Preference for sustainable and/or fair-trade products
g. Demonstrated use of sustainable ingredients
g.h. Preference for menus which include vegetarian and vegan items
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
5. Local Business
b.a. Businesses that are located in Santa Monica or operated by Santa Monica
residents, especially those located near the neighborhood of market on
application
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
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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:
o Sales volume indicating a need to reduce or increase stall space
allotment.
o Offloading due to shortage of parking space.
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. Any free speech activities
must occur at least 10 feet away from any vendor booths and may not cause obstruction to
vendor sales.
2.2.11. Product sample distribution
Only market participants may offer product samples within the markets.
.
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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 hHandling
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. Load sheets shall be submitted
to Market Management by same day, with a grace period of 48 hours. Any lLoad sSheets
outstanding beyond 14 days will incur a Schedule B violation.
3.4. RATES AND FEES
Certified Producers are billed 5% 6% 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
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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, 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.
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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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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 held16 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
16 Cal. Health and Safety Code, Section 114371(d).
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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.
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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 Pprepared for resale at SMFMs must be Pprepared
in a county Health Department licensed commercial or Certified home 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
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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 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, as allowable by Public
Health guidelines:
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;
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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.
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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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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5.3.1. Closed or sSealed cContainers
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 package17.
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.
5.3.2. 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 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 booth18;
17 Cal. Food and Agricultural Code, Section 47002(c).
18 Cal. Food and Agricultural Code, Section 47004(c)(1).
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2. Embossed current Certified Producer's Certificate (CPC) which lists "Los
Angeles" as an Authorized County19;
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,
Organic Waste ordinance 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
19 3 CCR, Section 1392.4.
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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 Regulations20. 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.
20 3 CCR 1392 CA Food and Ag Code Part 1, Division 1, chapter 9, section 890 (a)
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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 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.
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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 within 14 days of market;
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 61 days, and the market participant will be suspended until the delinquent
payment is received.
2. Second Notice. A second notice for payment violation over 61 days 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.
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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.
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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.
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