Rules & Regulations Guiding Principles For The Dallas Farmers Market .

Transcription

2018RULES ®ULATIONSGUIDING PRINCIPLESFOR THE DALLASFARMERS MARKETSHED VENDORS20181

TABLE OF CONTENTSI.ABOUT THE MARKET . 3II.VENDOR ELIGIBILITY . 4III.APPLICATION PROCESS . 4IV.APPROVAL OF VENDORS & PRODUCTS . 5V.VENDOR TYPES & CATEGORIES . 6VI.VENDOR REQUIREMENTS . 6VII.GENERAL VENDOR RULES . 8VIII.CONTACT INFORMATION . 12IX.COMPLAINTS & GRIEVANCES . 13X.ATTACHMENTS . 14FEE SCHEDULE . 14RESOURCES . 14The Dallas Farmers Market (DFM) has set forth these Rules and RegulationsGuiding Principles to govern the administration, operation and management ofThe Shed. In addition to these Rules and Regulations Guiding Principlescontained herein, The DFM has a City of Dallas Farmers Market Permit regulatedby Chapter 42A and Chapter 20A of the Dallas City Code of Ordinances. TheDFM will implement and enforce all rules, and may change, delete or modify TheShed Rules and Regulations Guiding Principles at any time. The DFM reservesthe right to refuse vendor space to, as well as suspend and/or expel, violators ofthese rules, and/or local state, or federal laws and/or laws and ordinances. Allmajor changes for 2018 will be highlighted through this document.20182

I. ABOUT THE MARKETWELCOME: The Dallas Farmers Market welcomes all applicants that meet thestandards of the rules and regulations set forward for 2018.MISSION: The Dallas Farmers Market exists to cultivate a healthier, moresustainable lifestyle for all of North Texas through the promotion, availability andappreciation for locally produced quality food.HISTORY: Once a humble horse-and-wagon wholesale business, the DallasFarmers Market has grown with the city and turned into a farmers market for farmdirect vegetables, dairy and more. As Dallas began to flourish in the late 19thcentury, farmers came to sell in various locations around the city from theirwagons. Soon, the intersection of South Pearl Expressway and Cadiz Streetbecame the hub of a thriving farmers/ranchers street shop with produce, chickens,pigs, eggs and goats were all sold to the people of North Texas. As the city grew,so did the demand for farm-direct produce and meat. By 1941, the site wasofficially sanctioned as a municipally owned and operated market and the firstshed was established. The Shed is that original shed.TODAY: In 2013, the City of Dallas entered an agreement with a private entity tomanage the Dallas Farmers Market where the focus is to ensure fair andconsistent management and clearly communicated processes to enhance thevendor and customer experience for a sustainable farmers market into the future.Continual improvements are a combination of increased diversity and uniquenessof vendors with a focus on producers, growers and makers for a producer-onlyfarmers market.THE MARKET: In 2016, the Dallas Farmers Market opened The Market, the26,000 sq. ft. artisanal food hall with shops and restaurants at 920 S HarwoodStreet. The Market is the newly renovated indoor shed 2 that was built in the early90’s. These Rules and Regulations pertain only to The Shed outdoors. CBRE/UCRis the leasing company for The Market.THE SHED HOURS: Open rain or shine during dates and hours, however closedon Christmas and New Year’s Day.Friday: 10am – 3pmSaturday: 9am – 5pmSunday: 10am – 5pmTHE REGIONAL WHOLESALE MARKET: The historic ‘night market’ for farmers,growers and wholesale produce dealers to sell to the public, farm stands,restaurants, chefs, produce companies and schools/hospitals. This market is openrain or shine, however closed on Christmas and New Year’s Day. Open Sunday9pm to Monday 9am and Thursday 9pm to Friday 9am. This is a separate farmersmarket choice when choosing a market at the end of the application process. Aproduce farmer can choose to sell both at the Dallas Farmers Market 2018 andthe Regional Wholesale Market 2018.20183

II. VENDOR ELIGIBILITYThe Farmers Market shall be operated as a marketplace for “local farmers” and“farm merchants and vendors.” “Local farmer” means a person who makes orintends to make a substantial portion of his or her income from farming. A localfarmer must have ownership or leasehold rights to the land being farmed duringthe entire growing season, from April 1st – August 31st or must have use rightspursuant to a government-sponsored or non-profit program whose purpose is to aidfarmers in full-time farming endeavors. A local farmer must also possess allrequired permits and/or licenses. “Farm merchants and vendors” means those,other than local farmers, who grow, produce or resell farm products or whoprepare, make or fabricate homemade or locally produced foods, beer, wine,clothing, art, sculpture, jewelry, knick- knacks and similar products.FARMERS AND RANCHERS: A farmer/rancher who grows, raises, or producesagricultural products and may be a sole proprietorship, a partnership, non-profit orcorporation that owns or leases land. Includes family members and employeeswho assist in the production or sales/marketing of the farm direct products,including THEIR produce, meats, dairy, cheese, honey, grains and plants and cutflowers and value- added products. During the off season, September 1st toMarch 31st, high quality non- local produce purchased from a farm and signedappropriately supplemental products will be allowed in order to provide anabundance of produce during the time of year when not as many farmers areproducing (Produce must be sourced from Continental US only). Both Farmersand Farm Reps may sell non-local produce during this time frame. All producemust be signed with price, location and a variety of produce being sold. TheDallas Farmers Market recognizes that farmers and ranchers may not be able toattend all markets due to time and product availability restraints. Therefore, thereare a select few FARM REPRESENTATIVES each year to represent farm directproduce under the direct purview of the DFM.ARTISAN FOOD PRODUCERS: Anyone who creates from scratch food products,including prepared to serve on site (ready to eat) foods. Priority for approval is tothose that create a value-added food product sourcing directly from local farmersand ranchers. Examples: Herbs, Coffee roasters, pickles and canned goods,fermented products, breads, pastries, pastas, sauces, spices and herb blends,cultural foods, non- alcoholic drinks and mixes. Please contact the DFMAdministration with questions about products.ARTS AND CRAFTS: Anyone who creates and makes by hand a quality and uniqueproduct. All products will be produced by the person applying for the DallasFarmers Market.20184

III. APPLICATION PROCESSREGISTER IN MANAGE MY MARKET - Prior to selling at the Dallas FarmersMarket, all vendors must submit an online application by registering through thewebsite and be approved by the Dallas Farmers Market Administration. Click herefor the link to register on ManageMyMarket. A vendor with different businesseswill submit a separate application for each business for a separate approval andspace.Applications may be submitted at any time and are valid for that calendar year.Vendors will submit an application every year, pay the processing fee and will beevaluated for approval based on adherence to the rules.APPLICATION FEE – The yearly application-processing fee is 30 and must bepaid for consideration as a vendor. The application-processing fee is nonrefundable and does not guarantee approval to sell.PROCESSING APPLICATIONS – The Dallas Farmers Market Administrationreviews newly completed applications on Sundays. Farmers and Ranchers arecontacted first as the farmers market has a “farmer first” policy. Applicants canlook up the approval process (received (application submitted), pending(application fee paid), waitlisted, approval or declined) in their ManageMyMarketaccount. Communication will begin for those that are tagged as prospects andsamples and permits will be requested. It usually takes a few weeks to processapplicants.IV. APPROVAL OF VENDORS & PRODUCTSACCEPTANCE CONSIDERATIONS – The Dallas Farmers Market has criteria forapproval of vendors and products: 2018Completed application online in ManageMyMarket with paid applicationprocessing fee.Read all the Rules and Regulations for understanding and adherence to themission and rules and regulations.Producer of the products in application according to the rules andregulations.Uploaded all applicable permits, license and certificates for the retail saleof the vendor’s products at the DFM. This does not include the DallasConsumer Health Division permit, as it cannot be issued without anapproval letter from the DFM. Expectation will be that the applicant hasdetermined if the product they are selling will require this permit.Priority is given first to farmers and ranchers, then products made withlocal farm products, unique and unusual products and attractive displaysand signage.5

Ability to be a positive communicator with customers, DFM staff andvendor to educate and promote others about the values and belief of theDFM.Space availability and overall mix and percentage of vendors and products.A copy of the Certificate of Liability Insurance with the DFMarket 1 asadditionally insured before attending the first market day.V. VENDOR TYPES & CATEGORIESFARMER/RANCHER – A person who grows and/or produces an agriculturalproduct, that is usually edible, such as produce, meats, dairy, cheese, honey,grains and plants and cut flowers and value- added products. Value-addedproducts can also be approved if not over 25% of entire booth offerings. Thefarmer/producer has ownership of, or financial and/or productive responsibility tothe land being farmed during the growing season. The DFM Administration, ordesignee, will conduct a farm visit for inspection to determine if thefarmer/producer is involved in the production of farm products. Thefarmer/producer is required to display signage of name of farm, growing methodand specific farm location. Floral - A person who grows and sells cut flowers,plant baskets, transplant starts and bouquets. Must have the appropriate TexasAgriculture Dept. Nursery Floral License.FARMER REPRESENTATIVE – A DFM selected person who represent farm directproduce under the direct purview of the DFM Administration. Outside farmersourcing must be in constant coordination with the DFM Administration anddisclosed with farmers’ names, contact information, and weekly receipts forverification. There will be restriction of produce that is in direct competition withthe farmers selling what they have grown on the weekends from April 1st – August31st. Must have a relationship with the farmer and know all aspects of thegrowing/producing of produce, meats, eggs, dairy from where it was sourced.Signage of farm name, growing method, location, item and price will be used atall times.ARTISAN FOOD – A Person who prepares, produces, and packages a specialtyfood and beverage product, usually by hand or traditional methods. (See vendoreligibility)ARTS AND CRAFTS – Anyone who creates and makes by hand a quality andunique product. All products will be produced by the person applying for theDallas Farmers Market.20186

VI. VENDOR REQUIREMENTSINSURANCE REQUIREMENTS – All DFM vendors must carry a Certificate ofLiability Insurance with the DFMarket 1, LLC additionally insured. Riskmanagement and safety of the vendors, staff, and customers is of highimportance. Vendors at the Dallas Farmers Market are responsible for carryingliability insurance on their business with a minimum of 1M with the “DFMarket1, LLC” as additional insured. The indemnity and release of liability is inthe terms of agreement that all applying vendors must sign and submit withapplication. Check with your current insurance provider. As a suggestion only,http://www.farmersmarketinsurenow.com or http://www.fliprogram.com are acouple of sources for a business liability insurance policy for farmer’s marketvendors.FARM/RANCH VISITS – The DFM Administration will make an initial visit to thefarms and ranches during normal day hours. Farm visits are scheduled prior to theday of the visit. Additional follow up visits may be necessary with season changesor additional fields or herds.PRODUCT VALIDITY – The DFM Administration may at any time question thevalidity of any product sold at The Shed. A proof of product’s origin, a visit to theproduction location, and/or additional proof of validity may be requested.APPROPRIATE PERMITS, CERTIFICATIONS AND LICENSES - It is the vendor’sresponsibility to know and obtain the permits needed to sell at The Shed. See listof resources for contact information. All permits, certificates, licenses and theCertificate of Liability Insurance with DF Market 1, LLC must be uploaded intoManageMyMarket.com account.SALES REPORTING – It is the vendor’s responsibility to report sales inManageMyMarket.com on a weekly or monthly basis. This will only be collated asan average and mean report for the entire market and will never be released on anindividual business basis. This information will be helpful in marketingevaluations and future planning for the Dallas Farmers Market vendors.DALLAS FARMERS MARKET PERMIT issued by the Dallas Consumer HealthDivision – Vendors that will be sampling, including cutting produce, and/orpreparing and serving on site will be required to have a Farmers Market Permitfrom the Dallas Consumer Health Division. Contact the Dallas Consumer HealthDivision for requirements for potentially hazardous food, food-handlingcertification, sampling and manufacturing license. Click here for FM PermitGuidelines.Dallas Consumer Health Division7901 Goforth Road Dallas, TX 75238(214) 670-8083Matt Cloningerhttp://www.dallascityhall.com20187

FOOD MANUFACTURE LICENSE – Obtained from the commercial kitchen(commissary) where the product is made.FOOD HANDLERS CERTIFICATION – Requirement for the Cottage Food Law.SALES TAX NUMBER- Some vendors may be responsible for sales tax, if requiredby the State of Texas, and collecting and paying any sales tax that may beassessed on their products. The vendor shall be responsible for filing any and allreturns required by the State of Texas with respect to sales tax collection.VII. GENERAL VENDOR RULESFEES AND PAYMENTS:Application Processing Fee - 30 and must be paid for vendor and returningvendor consideration. Please note the application fee is non- refundable and doesnot guarantee approval to sell at the Dallas Farmers Market. Fee Schedule - See attachmentLate Fee for Payments - 10 per vendor stall/day will be invoiced forpayments made after midnight on Wednesday night.Fee for Rule Infraction - 10 fine will be invoiced for disregard for these2018 Rules and Regulations Guiding Principles. The fine will need to bepaid before the next market day. Five fines will be allowed in one yearbefore reevaluation of vendor status.Paymentsa. Payments of all fees will be due upon receipt of invoice and must be paidto operate as vendor. Must be paid in full by Wednesday at midnight eachweek or a late fee will be added for each day not paid.b. All fees are non-refundable. Vendors must let DFM Admin know what daysthey are paying for in advance. Credits are not given for missed days.DFM Admin will work with vendors in emergency situations.c. Fees may only be paid online through the Manage My Market system.Manage My Market accepts payments via PayPal. PayPal acceptscredit/debit cards, as well as PayPal account payments.d. All rates and fees are subject to change during the year. Dallas FarmersMarket Administration will make every effort to ensure that all vendors aremade aware of upcoming fee changes.e. Payment of all fees are required as a condition of operation.20188

OPERATING RULES:VENDOR DISPLAYSa.b.c.d.e.f.Vendor space displays must be assembled in a manner that allows clear,visible access to adjoining stalls. All signage and displays must beattractive, of good quality, and look professional, subject to the discretionof Dallas Farmers Market Administration. Seek approval for displays thatare outside the normal table, display, and sign.The 10x10 canopy must have 25lb. weight on each of the four canopylegs. All weights must be fastened to the canopy and approved.Tables must have a base spread and locking legs. Dallas Farmers Marketwill inspect for overloading and condition.Display products are to be within the designated vendor space.A-frame sign must be within 10x10 vendor space and not in the walkway,so they do not interfere with customer flow.Only tape may be used to secure displays/signs to The Shed property andremoved when vendor leaves.GOOD HOUSEKEEPINGa.b.c.d.e.f.g.Vendors shall keep vendor spaces in a neat, clean, and sanitary condition.All places where food is stored, sold, sampled, or handled in the DallasFarmers Market shall be maintained and operated in a sanitary manner inaccordance with the requirements of all applicable local, state, andfederal regulationsNo smoking is permitted within 150 feet of all buildings on DallasFarmers Market property.Vendors must remove all booth generated trash and recycling at the closeof the market day.The Dallas Farmers Market –The Shed trashcans are for customer useonly.Animals are allowed in vendor stalls only with permission of DallasFarmers Market Administration.Vendors shall not wash down or pour out water onto sidewalks, commonareas, or aisles.BUSINESS CONDUCTa.b.c.d.2018Vendors are required to be in attendance on their committed marketdays, exceptions need to be communicated to the DFM Administrationsprior to the start of the market.All vendors are required to set up each market day 30 minutes prior toadvertised start time. Late arrival will need to alert DFM Administrationand handcart products and displays from designated parking.All vendors are to remain open during market times, so bring enoughproduct to cover the times.Vendors will completely close within one hour from advertised marketclose time.9

e.f.g.h.Vendors selling the next day may secure vendor space for the evening attheir own risk.Vendors may only sell within the space designated to them by DallasFarmers Market Administration. Standing in front of spaces hawkingcustomers and pushing samples will not be allowed.Vendors may not sublet or trade vendor spaces.The DFM Staff is held to a standard not to accept gifts or food fromvendors. Discounts are acceptable. Refrain from giving free products toDFM Staff.VEHICLESa.b.c.d.Vehicles are not allowed to drive or park on any of the brick pavedsurfaces or under The Shed at any time.Unloading of vehicles must be complete within ½ hour of market startand end time. No moving vehicles on The Shed grounds while the farmersmarket is open.Vehicles are to be parked in the parking lot designated by Dallas FarmersMarket Administration after they have been unloaded.Vehicles must be approved to be parked directly behind vendor spaces onthe north and south sides of The Shed.BEHAVIOR AND CUSTOMER SERVICEa.b.c.d.e.f.g.h.2018Vendors are an extension of the Dallas Farmers Market and will at alltimes maintain a positive, kind and respectable presence on the premisesto customers, other vendors, employees and DFM staff.The Dallas Farmers Market is committed to providing a space that is freefrom harassment, in any form and does not allow discrimination.No vendor or their agent shall be under the influence of illegal drugs orintoxicated while selling at the Dallas Farmers Market.Children must remain in vendor space and not disturb othersNo vendor at the Dallas Farmers Market shall enter into any priceagreement or join any organization for the purpose of raising or fixingabnormal or artificial prices of products.Music played in vendor spaces will be for listening enjoyment of that saidvendor.Customer and vendor complaints that cannot be resolved amicably shallbe immediately referred to Dallas Farmers Market Administration formediation. (see IX. Complaints and Grievances)Attire and grooming must be neat, clean, and appropriate for the workbeing performed at the Dallas Farmers Market – The Shed.10

EMPLOYEESa.b.c.Vendors may have employees or agents selling their products that areincluded in the application. Please notify DFM Administration if thatperson(s) changes.All vendors are responsible for the actions of their employees.Vendors will not encourage, invite, or hire individuals at the DallasFarmers Market- The Shed that are undesirable to the customers.PRODUCT QUALITY STANDARDSa.b.c.d.e.Products will be approved according to a list of priorities for each marketday. Higher priority is given to producer made products, organic/natural,quality, packaging, locally sourced ingredients, and mix of products onany given farmers market day.It is the responsibility of each vendor to warranty, refund or exchangemerchandise that is unsatisfactory to a customer.All pre-packaged products must be labeled and have weight and measuredeclarations.All products must be identified by a sign that states price, farm of origin ,city and state of origin.All products shall be sold at a standard weight and measure. Producemay be sold by the pound, provided scales are certified by the TexasDepartment of Agriculture (TDA); otherwise produce may be sold by thepiece, pint, quart, peck, or another generally accepted measure ofquantity. All vendors are required to have the vendor’s businesscards/name and contact posted in a place where the customers haveaccess.INCLEMENT WEATHER POLICYRecognizing it is the responsibility to provide a venue for farmers and vendors tosell their products, it is also our responsibility to ensure a safe marketenvironment. The DFM Administration will make decisions to alter market timesbased on weather reports and on site market conditions. It is the authority of theDFM Administration to close a market early, open a market late, or cancel amarket day due to severe or inclement weather. Farmers and vendors will benotified in a timely manner by email. During inclement weather events, it is up tothe individual vendor to make a decision about whether or not to attend farmersmarket that day if the market remains open.201811

VIII. CONTACT INFORMATIONDallas Farmers Market1011 S. Pearl Expy. Dallas, TX 75201mailto:info@dallasfarmersmarket.org 214-664-9110Security (24 HOUR) and Courtesy Office: 214-878-1619DFM Administrative Office located at 1011 S. Pearl Expy.Open Wednesday – Friday 9am-5pm. During the weekend farmers markets, meetwith our staff at the information booth in The Shed.The Dallas Farmers Market does not accept postal mail on behalf of vendors. Anyand all mail addressed to vendors will be returned to sender.Staff DirectoryNamePositionE-mail AddressNancy BarberDirector of TheDallas FarmersMarketnancy.barber@spectrumprop.comBeth ClemDirector of MarketOperations Market &Shed Managerbeth.clem@dallasfarmersmarket.orgJaniece BlackAssistant Derrick Ducking Advisory .S. Security Associates Security is on site 24 hours a day, 7 days a week.For security issues and locked restrooms, please call 214- 878-1619201812

IX. COMPLAINT PROCESSVendor or customer may file a complaint in writing to the DFM Administration, ifthey suspect a vendor is violating market rules and regulations. Complaints willneed to be in writing to the Director of Market Operations and should include thecomplainant’s name and phone number and the complaint pertaining to quality,conduct, or unfair practices of a vendor or DFM staff. DFM Administration willfollow up with a visit to determine compliance. If the complaint is not remedied tothe satisfaction of the DFM Administration, a written warning will be given to theoffending vendor with the expectation that it will be remedied. A secondcomplaint may result in a brief intermission from selling at The Shed. A thirdcomplaint will result in a 90-day suspension and/or permanent removal from TheShed.GRIEVANCES - All vendors agree that they understand and agree to the DFMShed Rules and Regulations as part of the application process. In the case of afine, suspension or termination, a written notice of the action to be taken will beprovided to the vendor. The vendor may appeal, in writing, the action to be takenwithin 5 days prior to becoming effective. Any vendor may also file a grievance inwriting with the DFM if they believe any DFM staff is violating the Rules andRegulations. The response to the grievance will be provided in writing to thevendor by DFM within 30 days of the appeal. All grievances will be sent to DallasFarmers Market office, 1011 S. Pearl Expy. Dallas, TX 75201.201813

X. ATTACHMENTSFEE SCHEDULE:Daily Fees - The Shed FeesAmountFarmer/Producer 10Farmer RepresentativeNovember – MarchApril – October 25 35Food ArtisanNovember – MarchApril – OctoberArtisan (Corner Booth)November – MarchCrafts and ArtisansApril - October 35 50 50 75Arts and CraftsNovember – MarchApril – October 35 50Electricity - 110V 10Electricity - 220V 15Late Payment Fee (Per Space, Per Day) 10Trucks/Trailer Overnight(Farmers Exempt) 2010% Discount on vendor spaces, if paid monthly½ off Friday fee, if paid for both Saturday and Sunday201814

Other FeesAmountAnnual ProcessingApplication/Membership Fee 30Fines for Rule Infraction(Up to 50 before evaluation ofvendor status) 10DFM Produce Signage (15 Signs) 10Instructor-led Field Trip ( 6/person) 6RESOURCES: Dallas Farmers Market Permit (Sampling and cooking on site)Dallas Consumer Health Division: 7901 Goforth Road Dallas, TX 75238Matt Cloninger, Supervisor (214) 670-8083 http://www.dallascityhall.com Nursery and Floral License: Texas Department of Agriculture (TDA)P.O. Box 12847 Austin, TX 78711 (512) 463-7476(800) TELL-TDA (835-5832) Fax: (888) grams/PlantQuality/NurseryFloral.aspx http://www.agr.state.tx.us State Retail Food Division: 1100 West 49th Street Austin, TX 78756(512) 719-0232 Fax: (512) 719-0262 http://www.tdh.state.tx.us Texas Cottage Food Law: http://texascottagefoodlaw.com/ Texas Retail Sales Tax: https://www.comptroller.texas.gov/taxes/sales/ Texas Organic Farmers & Growers Association (TOFGA)PO Box 48 Elgin, TX 78621 (512) 656-2456 www.tofga.orgmailto:admin@tofga.org Go Texan - http://www.gotexan.org/ Farmers Market Coalition - https://farmersmarketcoalition.org/ USDA Grants and Opportunities- https://www.ams.usda.gov/services/grants National Center for Appropriate Technologies - https://www.ncat.org/201815

vendor and customer experience for a sustainable farmers market into the future. Continual improvements are a combination of increased diversity and uniqueness of vendors with a focus on producers, growers and makers for a producer-only farmers market. THE MARKET: In 2016, the Dallas Farmers Market opened The Market, the