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Clayton Farm and Community Market Rules and Regulations

Revised April 2018 - March 2019


Welcome to the Clayton Farm and Community Market (CFCM)
Thank you for choosing us! The following guidelines are intended to provide fair and equal opportunity for vendors, and quality products for customers. They will be revised and updated as needed, and may be modified according to the season and the products being sold. We welcome your ideas and suggestions at any time.


What May be Sold
Farm products, value-added farm products, and arts/crafts may be sold at CFCM. The criteria considered include:

  • Products made/grown within 100 miles of Clayton
  • Number of existing vendors selling same product
  • Quality of product
  • NC Department of Revenue Sales and Use Tax ID
  • Proper licensing and permits (as needed per specific product)

Examples of farm products that may be sold include, but are not limited to:

  • Produce: fruits, vegetables, nuts, grains, cut flowers and herbs
  • Live plants: bedding plants, hanging baskets, perennials, landscape plants
  • Other fresh farm products: fresh eggs, wool, honey, cheese, meats
  • Value-added farm products: dried herbs, preserves, jams and jellies, pickles, homemade baked goods, consumable pet treats

 

Nonprofits
CFCM supports non-profit organizations with free tabling opportunities to help promote their missions and programs. Nonprofits must follow all market guidelines. CFCM asks that partnering organizations carry a non-profit status, and have their major focus in at least one of these areas:

  • Nutrition and food preparation
  • Environment
  • Health
  • Organic gardening, lawn, and plant care
  • Sustainable living
  • Conservation of natural resources and recycling
  • Local history
  • Fine arts
  • Local governmental bodies (to educate the public about their functioning)
  • Other areas will be considered on a space available basis.

 

Application Process

All prospective vendors must fill out an application which must include a copy of a current Tax ID certificate and any other required licenses or inspection certificates that relate to specific products (for example, all sellers of baked goods must present a copy of their approved kitchen certificate).

 

All applications will be voted on by the CFCM Board of Directors. Only products specifically listed on the application will be voted on. If the board approves the application, the vendor will be added to the vendor email list and receive weekly emails regarding where and when to set up. If the Board does not approve the application, the vendor will receive an email explaining why. 

 

The Board will limit the number of weekly artisan/crafter vendors to equal the number of grower/producer vendors in order to maintain a ratio of 50/50 of those two groups, except for one Saturday per month when an  “artisan/crafter market” is scheduled. 

 

Onsite inspections may be required at the request of the Board of Directors if the board has any questions or concerns about any item being sold. The CFCM Board strongly encourages all vendors to obtain general liability insurance.

 

Fees
Eligible vendors are encouraged to become a Friend of the Market for $35.00 annually.

Daily market fees are:

  • $8.00 - Friend of the Market
  • $16.00 - Grower/producer vendor
  • $20.00 - Crafter/artisan vendor
  • Free - Approved nonprofits

 

Each market day, vendors will be asked to fill out an anonymous sales report for the market. The sales information is used to track total sales generated by the market (all vendors combined) per each day the market is open. It is not used to track individual vendor sales. The information gathered can be used for grants and other means of receiving additional funds to help with the market.

All non-sufficient checks will be assessed an NSF fee payable to CFCM. The fee will be based on costs to the market.

 

Market Facilities

Tent spaces are assigned via email the Friday before market. Vendors must provide their own tables and 10x10-foot tents, as required by the Town of Clayton. Vendors are required to have their booths operational no later than 30 minutes prior to market opening time. Late arrivals may be allowed to set up at the discretion of the onsite manager. 

 

Vendors are expected to maintain their booths throughout the entire time the market is open. Leaving

early is only allowed with the approval of the onsite manager.

 

Each vendor is responsible for maintaining a professional appearance. It is the responsibility of the vendor to remove all trash and unsold products at the end of the market day. Use of market space is a privilege that may be revoked if a vendor fails to keep the area safe and clean.

 

All vendors should abide by state and local food safety and health regulations. It is the responsibility of each vendor to be aware of and to maintain compliance with any such regulations that apply to his or her product and to maintain proper documentation of such compliance at his or her booth.


To safeguard the reputation of the Clayton Farm and Community Market and to insure the safety of all products sold, all vendors should abide by state and local food safety and health regulations. It is the responsibility of each vendor to be aware of and to maintain compliance with any such regulations that apply to his or her product and to maintain proper documentation of such compliance at his or her booth.  Vendors who do not plan to sell at the market every Saturday should make a good faith effort to inform the Market President or Market Manager via email or phone about their vending schedules.  Ideally, the Market would like to be notified about changes in vending schedules no later than Wednesday before the next market Saturday.
 

Marketing

Vendors are encouraged to create unique, tasteful, and eye-catching displays. All vendors must prominently display their name and location. All products must be clearly priced and neatly displayed. Selling top-quality produce at radically lower prices than current market rates is prohibited. Poor-quality or overripe produce must be labeled as such, and can be sold for a discounted price. CFCM is a community market, and all competition among vendors must remain friendly. Price wars are prohibited. Loud music, drumming, shouting and use of other disruptive tactics to draw attention to individual booths is prohibited. 

 

Vendors advertising as “Organic”, “Unsprayed”, “Natural”, etc. are not required to be certified by any recognized certification agency. However, state law restricts use of the phrase “Certified Organic” to only those who have been certified by the United States Department of Agriculture. All vendors are required to advertise truthfully and to respond to customers’ questions in a like manner.

Grievances

The onsite manager has the authority to grant exceptions to the market policies on an individual basis for reasons of dire need. Should any vendor, at any time, be found in violation of the market guidelines, he or she will be asked to immediately comply. Failure to do so will result in expulsion from the market. The onsite manager has the right to impose disciplinary action. Vendors have the right to a hearing before the CFCM Board within two weeks of any disciplinary action.

 

In the event of customer dissatisfaction, the dispute must be resolved to the satisfaction of the customer and the onsite manager in a timely manner. Vendors who routinely fail to resolve customer disputes may be asked to leave the market.

 

Vendors with concerns, disputes, or suggestions should contact the onsite manager during the market day and contact the CFCM Board in writing within five business days.

 

GROWER-BUYER-SELLER POLICY 2011

The grower-buyer-seller policy for CFCM is based on the following principles:

  • A grower/vendor's ability to offer a reasonable selection of fruits and vegetables over the course of the market season can be negatively impacted by crop failures or delays
  • A grower/vendor should have the opportunity to supplement his/her own produce with that of other local growers at those times when specific items are in high demand (watermelon and sweet corn, for example)
  • Some grower/vendors might find a co-op approach viable; i.e. growers pool their produce for sale but only one grower serves as a market vendor
  • Some vendors might wish to supplement their own offerings with value-added foodstuffs (salsa, jellies, jams, etc.) from certified local producers
  • The CFCM will uphold the local (100-mile radius) and seasonable nature of the fruits and vegetables sold at the market per our mission statement of supporting local growers
  • We want to provide our customers with the greatest possible variety of locally-made products and produce

Given the above principles, and using the N.C. Farmers’ Market regulations as a template, CFCM’s grower-buyer-seller policy is:

  • In addition to being able to offer fruits and vegetables produced on land owned by the vendor or his/her immediate families, vendors may purchase produce for resale from three local (i.e., 100-mile radius) certified N.C. growers (i.e., growers should be identified by the Farm Service Administration)
  • In addition to offering value-added foodstuffs produced by the vendor him/herself, vendors may offer for sale other value-added products as approved by the Board

The following procedures will be used to implement the grower-buyer-seller policy (unless the grower-buyer-seller relationship was previously specified and approved on the application):

  • Notify the CFCM Board at least three days in advance of the market Saturday that produce will be offered for resale. The Board can be reached via email at info@cfcmnc.org
  • Provide CFCM with names of growers of produce purchased for resale and the grower's FSA number (not required for resale of value-added foodstuffs)
  • CFCM will certify the sale by contacting the grower
  • Offering non-seasonal and non-local fruits and vegetables violates the market's mission statement; therefore, any vendor offering such items for resale will be denied market privileges from that moment forward

 

Onsite Manager
The onsite manager shall be responsible for:

  • Assigning spaces on market day to vendors.
  • Collecting the daily market fees and submitting them to the Clayton Farm and Community Market Association Treasurer in a timely manner.
  • Handling day to day administrative issues.
  • Enforcing market regulations and administering penalties, such as requesting a vendor to leave the market.
  • Answering inquiries and responding to complaints from customers and vendors.
  • Contacting local law enforcement or emergency services in the event of an emergency on site.
  • Securing the site at the end of the market day.

 

SEE AMENDMENTS, BELOW: GROWER-BUYER-SELLER POLICY 2011

Policy on Grower-Buyer-Seller: (i.e., those who purchase produce from other local growers or who purchase value-added foodstuffs from other local producers to sell at the CFCM)
The following policy on grower-buyer-seller status for the Clayton Farm and Community Market vendors is premised on the following:

  • A grower/vendor's ability to offer a reasonable selection of fruits and vegetables over the course of the market season can be negatively impacted by crop failures or delays.
  • A grower/vendor should have the opportunity to supplement his/her own produce with that of other local growers at those times when specific items are in high demand (watermelon and sweet corn, for example)
  • Some grower/vendors might find a co-op approach viable, i.e., growers pool their produce for sale but only one grower serves as a market vendor.
  • Some vendors might wish to supplement their own offerings with value added foodstuffs (salsa, jellies, jams, etc.) from certified local producers.
  • The CFCM will uphold the local (100 mi. radius) and seasonable nature of the fruits and vegetables sold at the market per our mission statement of supporting local growers.

We want to provide our customers with the greatest possible variety of locally made products and produce.  Given the above principles, and using the N.C. Farmers Market regulations as a template, we propose the following policy:

In addition to being able to offer fruits and vegetables produced on land owned by the vendor or his/her immediate families, vendors may purchase produce for resale from 3 local (i.e., 100- mile radius applies) certified N.C. growers, i.e., growers should be identified by the Farm Service Administration (FSA).

In addition to offering value-added foodstuffs produced by the vendor him/herself, vendors may offer for sale other value-added products as approved by the Board.

To implement this policy and to ensure the local mandate of our mission, we propose the following:  Unless the grower-buyer-seller relationship has been spelled out and approved on the initial or renewed market application ahead of time, (e.g., other growers have already been identified or other value-added producers identified ahead of time), individual vendors will need to follow the procedures below.


For resale of produce:

  • Notify CFCM Board officers at least 3 days (more if possible) in advance of the market Saturday that vendor will be offering produce for resale.
  • Board can be reached through the CFCM email account info@cfcmnc.org
  • If resale has been approved as an ongoing situation, market needs to be advised of any said produce (Follow guideline on notification just above.)
  • In all cases (whether advance approval or on-the-spot consideration) vendor will provide Market with name of growers from whom produce has been or will be purchased for resale and the grower's FSA number.
  • A designated Board member will certify the sale by contacting the grower.
  • Offering non-seasonal and non-local fruits and vegetables violates the market's mission statement;  therefore, any vendor offering such items for resale will be denied market privileges from that moment forward.  In such cases, there will be no refund of daily market fees paid, annual membership dues, or other monies previously paid by the vendor.

For resale of value-added foodstuffs:

  • All of the above notification procedures (except for supplying FSA number) apply