Revised 3/22/2013
The Bernice Garden Farmers’ Market (BGFM) RULES AND REGULATIONS
Adapted From the:
CENTRAL ARKANSAS PRODUCERS ALLIANCE
RULES AND REGULATIONS
The Bernice Garden Farmers’ Market is a farmers’ market operated by the Bernice Garden, a privately-­‐
owned sculpture garden intended for public use. The market complies with all federal, state and county regulations. The mission of the market is to provide a creative and open community space where Arkansas growers and artisans can come together to sell fresh, locally grown and sustainably raised food to the local Little Rock Community. The Central Arkansas Producers Alliance formed to promote a vibrant food culture in Central
Arkansas through the creation and promotion of marketplaces that afford the local farmer,
craftsperson, artisan, and plant grower the opportunity to sell vegetables, fruits, and artisanal
products.
A. VENDOR QUALIFICATIONS
1.
2.
3.
4.
5.
6.
The applicant must be a permanent resident of Arkansas within 100 miles of Little Rock.
The vendor must produce and sell only his or her own products. Produce, livestock, or
plants must be grown on land owned or leased/rented by the vendor and maintained
throughout the year, not just during the harvest season. Lease/Rent agreements of land will
be in writing, dated and signed by both parties. A copy will be provided to market
management before March 15 each and every year. Crafts must be hand-made from raw
materials. See the craft section for further instructions regarding crafts. The Manager will
make a visit to an applicant’s farm or production space before he or she will be allowed to
come to market. This visit will allow the Manager to verify that an applicant’s produce or
work is his or her own.
The vendor must attend three (3) market days per season to remain an active vendor.
If the vendor does not attend three market days per season, the vendor’s market eligibility
will be dropped and the former vendor must go through the application process again. The
vendor may choose to become an inactive vendor by applying for inactive status.
In special cases of weather-related disaster, personal or family health crises, or work-related
absences, a vendor may request inactive status, which will allow a vendor to remain a vendor
without attending three markets during the season. Approval of inactive status will be made
by the BGFM Advisory Committee on a case-by-case basis.
Vendors must be accepted by the BGFM Advisory Committee to sell at the Market.
B. CATEGORIES
The vendor may sell only those items in the category for which the application was approved. To
request a change in category, the vendor must submit the request in writing for action at the next
Advisory Committee meeting.
All products must comply with current City, State, Federal, Arkansas Plant Board and Public
Health regulations. The BGFM reserves to right to request removal of any item not in compliance
with the rules.
1
These are the categories:
1. Produce. All produce must be grown by the vendor. No produce may be bought from
another source and sold at the market. To use any version of the term “Organic” on labels or
signage at market, a vendor must have USDA certification.
2. Meat. All meat must be grown by the vendor. No meat may be bought from another source
and sold at the market. All meats must be frozen. To use any version of the term “Organic” on
labels or signage at market, a vendor must have USDA certification.
3. Plants. In general, all plants must be grown by the vendor; however, when plant material is
bought from other sources, i.e. plugs, that material must be grown out for a minimum of six
(6) weeks before resale. All vegetable plants, fruit trees, and nursery stock must be inspected
as required by the Arkansas State Plant Board (ASPB) and be certified disease-free before
they can be sold at the market. The vendor must give a copy of the inspection slip to the
manager. The vendor’s ASPB license must be displayed at the market.
4. Crafts. All crafts must be original and hand-made from raw materials by the vendor. Only
original handcrafted finished items will be displayed for sale at the market. The BGFM
Advisory Committee will jury all crafts before they may be offered for sale. The Bernice
Garden Advisory Committee reserves the right to ask that the vendor remove any items that
have not been approved by the craft committee. (See crafts/artwork rules)
5. Processed foods (See Processed foods rules.)
6. Combination of any of the above.
C. MANAGEMENT
The Manager is an employee of the BGFM and is responsible for the operation of the market. All
vendors at BGFM will comply with requests from the manager.
Each market will have a market committee to deal with market issues.
D. MARKET SPACES
a. Vendors who have an assigned space must be in place by one hour before start time.
b. If you want to reserve your space until later in the day, notify the manager in writing or
call no later than one hour prior to the start of the market.
c. Vendors without a regularly assigned space will be filled in as space is available and
must check with the manager each market day before occupying a space.
d. If a vendor cannot attend the vendor meeting, another vendor in attendance may choose a space
for that vendor if they have in hand a written statement signed by the absent vendor designating
them to act as proxy.
e. The number of assigned spaces for craft-only vendors will be limited to a maximum of
15% of total assigned spaces.
f. No new vendor applications will be considered for selling at the BGFM farmers’ markets
during the selling season (April - October). New applications will be accepted
throughout the year and new admittances will be made prior to March 1 of the market
season. *This rule will go into effect in the 2014 season
E. PARKING
a. Vendors must NOT park in the (20) Bernice Garden spaces OR in the Boulevard
parking lot, except during loading and unloading. A vacant lot is available
behind the EZ-Mart for all vendors.
b. Vendors with a large amount of produce (may park in the gravel on the north
side of the Garden and setup in front of their vehicles. These vendors will likely
2
have permanent spaces assigned, but in the event they are absent, a floater with
this need may get top priority for these spaces.
F. ATTENDANCE
1.
Market vendors should make every effort to be present from the opening to the closing of
each market.
a) Vendors with assigned spaces are expected to attend every market day during their
growing season.
b) If you have an assigned space and will be unable to attend the market, please notify the
manager so that the spaces may be filled by vendors without a permanent space. You may
call and email the market manager by one day before market. However, please be considerate
and inform the manager as early as possible.
c) If you come to market on a day that you are not expected, you must check with the
Manager to be assigned to a vendor space. It is possible that a space will not be assigned
until after one hour prior to the market starting time. If you have an assigned space but are
not expected, your space will likely have been reassigned to another vendor, and that
reassignment will hold whether the other vendor is already on site when you arrive or not.
In other words, you probably will NOT be able to set up in your regularly assigned space.
d) The vendor will be given grace for one time per season per market of not coming to market
on a day that they are expected. On the second time, the vendor will still pay the stall fee as
a one-time per occurrence penalty. On subsequent times that the vendor does not come to a
market on a day that they are expected, the BGFM Advisory Committee will review the
case with the market manager and make a decision as to whether the vendor will lose their
assigned space.
2. A vendor must be in attendance at the Market to sell their products except in these instances.
Each instance of substituting a producer representative listed below will be considered
separately.
a. A vendor may designate a producer representative to sell for it at the market. The
name of the person will be listed with management. Each booth can only represent
one farm or production facility. Any employee or representative must either hold
stake in the business or be considered a “full time” employee of the producer
represented. Any change in the listed person must be approved by management.
b. In addition, a producer representative may substitute for a vendor on any day, due
to an emergency, at the manager’s discretion.
3. No vehicles engine or generators will be allowed to run during market hours.
G. PRODUCT GUARANTEE
All products on display should be clean, of top quality, and at least 12 inches off the ground. If a
customer complains, cheerfully refund his or her money or make good the product. This applies
to all products sold on the market.
H. PRICING
1.
2.
Vendors are responsible for determining prices for their products. Prices often fluctuate
during the season. The Manager has a suggested price range that is usually between
wholesale and retail prices.
All prices must be clearly posted.
3
3.
4.
5.
No products should be sold below USDA wholesale values. The manager will have these
prices available to determine if any produce items are out of compliance with this rule.
Backyard gardeners, and seasonal or irregular market vendors are welcome at the BGFM. We realize the importance these small growers play in the market and in the little rock food system. However, these growers are not allowed to undercut the prices of professional growers and are expected to price their products above USDA wholesale prices. The Manager will settle all disputes regarding prices.
I. COMMUNITY SUPPORTED AGRICULTURE (CSA) PICK-UPS
1.
2.
3.
CSA pick-up is permitted at the BGFM market.
Vendors using the BGFM market as a CSA pick-up site must have the majority of the items
offered in the CSA boxes/shares available for non-CSA customers to purchase during the
market hours.
Vendors may supplement their CSA boxes/shares with produce from other vendors so long
as the majority of the produce in the box/share comes from the vendor’s farm that is
responsible for advertising, managing and organizing the CSA program.
J. EGGS
Eggs may be sold at the market. Vendors must follow the Arkansas Livestock and Poultry
Commission, Poultry Division regulations regarding the sale of eggs.
Requirements to Sell Country Eggs
The egg producer will be permitted to sell ungraded eggs to a retailer provided the producer
owns less than two hundred (200) hens and the following requirements are met:
1) Eggs are washed and clean;
2) Eggs are prepackaged and identified as ungraded with the name and address of the
producer;
3) Used cartons are not used unless all brand markings and other identification is obliterated;
4) Retailer must keep invoice for two (2) years indicating who the eggs were purchased from,
date, and amount of eggs bought; and
5) Eggs are refrigerated* and maintained at a temperature of forty-five degrees Fahrenheit
(45°F) or below.
*Refrigeration is defined as “an operable refrigeration unit which will maintain 45°F or below”.
⇒ Containers for storage of eggs refrigerated by means of ice, dry ice, or other non-powered
refrigerated container are not acceptable.
⇒ This regulation includes such locations as flea markets, farmers’ markets, fruit stands, etc.
4
K. CLEANLINESS
1.
2.
3.
4.
Quality and cleanliness will be maintained at all times. Each market vendor is responsible
for cleaning the immediate area around his/her booth.
The Markets and their vendors comply with City, State, Federal, Arkansas Plant Board and
Public Health regulations.
Water will be poured in areas designated by the market manager. Vendors should check with
the market manager for disposing of water.
Vendors are responsible for removal of all waste, including organic matter and trash, from
their designated stall space.
L. DISPLAYS
Vendors may choose to off-load their products and use the space normally occupied by their
vehicles for display and sales. Vendors may use the width of their allotted walkway
frontage, and length of display can be as long as the allowed vehicle space. For off-loaded
displays, vendors should arrive early enough to pull into the assigned space, unload
products and awnings, park vehicles off site, then set up awnings and product display
(avoiding the traffic congestion which could occur if vendors attempt to double-park while
off-loading).
When vendor vehicles are present, umbrellas and canopies must be appropriately weighted
and tied to the vendors’ vehicle above head height
All off-loading vendors who wish to erect canopies or umbrellas are required to have them
safely anchored from the time they are put up to the time they are taken down. When offloading, canopies (EZ-UP, etc.) must be anchored at each leg with 40 lb per leg. Umbrellas
must be securely attached to a flat, heavy stand, and anchored with 150lbs of weight on the
stand or attached to eaves.
Any vendor who fails to properly anchor his or her canopy will not be allowed to sell at the
farmers’ market on that market day, unless that vendor chooses to take down and stow their
canopy and sell without it. The Market Manager may decide that all canopies, umbrellas or
other display items need to be removed or disassembled on windy days. Should an accident
occur from an improperly anchored canopy or umbrella, the vendor will be held responsible
for any BGFM insurance deductible resulting from the accident.
M. SAFETY
1.
2.
3.
Glass containers should be weighted and never placed on the sidewalk.
All vegetable, plant, or other refuse will be cleaned immediately from the sidewalks to
prevent slips and falls. The Manager has a broom and dustpan for this purpose.
All walkways will be kept clear during market hours.
N. CHILDREN
Children of Market vendors should stay close to the parent’s booth.
5
O. PETS
1.
2.
3.
No pets, animals, or fowl of any description may be sold, displayed, or given away in the
Market area. Any exceptions must be approved by the market manager.
Vendors may not bring their domestic pets or farm animals to the Market.
Customers must comply with Little Rock’s leash law.
P. CRAFTS/ARTWORK
RULES AND REGULATIONS FOR CRAFTS AND ARTWORK for the BGFM
Adapted From the CENTRAL ARKANSAS PRODUCERS ALLIANCE (CAPA) :
Vendors who wish to sell crafts or artwork at the market must fill out the crafts/artwork area on
their annual Market application.
All crafts must be juried by the craft committee before they are offered for sale at the
marketplace. Any new items must also be approved by the craft committee before being offered
for sale. Only original handcrafted, finished items will be displayed and offered for sale at the
marketplace.
All crafts offered for sale at the market must be handmade from raw materials. Any craft or
artwork sold must be the work of a market vendor. All crafts and artwork must be the original
work of no more that two (2) individuals.
Items made with natural products may include up to 10% non-producer product.
Component materials must be sufficiently modified from their original state to demonstrate fine
craftsmanship.
The craft committee reserves the right to remove or reject any item.
All work will be juried on originality, craftsmanship and imaginative use of materials. The BGFM
reserves the right to ask that the market vendor remove any items that have not been approved
by the craft committee.
Items not allowed to be sold at the BGFM :
No plastic
No Styrofoam
No plaster, greenware, unfinished porcelain
No plastic or silk flowers
No plastic goo-goo eyes
No products made from kits
No pre-fabricated items
No figurative molds
No machine tooled leather items
No pre-purchased items
No purchased items that you have decorated
No cloth cut-outs
No carpet art
No pre-printed cheaters cloth
Items that will be considered on a case-by-case basis with the approval of the BGFM Advisory
Committee:
High quality hand-made jewelry (with no pre-formed parts)
Hand-made slippers or other footwear
Hand-made apparel including: hats, scarves, gloves, mittens, purses, and belts
6
Items made using basic geometric molds
T-shirts or other promotional items associated with Farm logos/preference will be given to
screen-printed or other hand-made items
Items made using fake fur
Items made using dyed feathers
Magnets (may be considered if the bulk of the craft is other than the magnet)
Knitted and crocheted items
Mechanically reproduced material from original work by the vendor
Soap and Personal Care Products
1. Soap must be produced with an actual hot or cold soap making process (a saponification
process). That is, it cannot be a “melt and pour” process.
2. If the soap contains herbs, preference will be given to applicants who grow their own herbs
or who purchase herbs from other market vendors.
3. Glycerin soaps are not acceptable.
4. Any product other than soap must be approved on a case-by-case basis.
5. Vendors selling soap must show proof of a $1 million product liability policy.
Q. GUEST VENDOR CRITERIA FOR COMMUNITY NON-PROFIT ORGANIZATIONS
a.
b.
Organization must be a well established non-profit organization.
Organization must be one that is complimentary to the Market. Each group may be a
guest vendor once a year.
c. Manager will schedule.
d. Organization may sell approved product for their fund raising (no bake sales). Market
manager will approve.
e. Manager will assign space available for organization.
f. No fee or commission will be charged- however organization will be required to provide
adequate advertising which must be approved by the manager. (Must state is non-profit
group and must adequately promote Farmers’ Market.)
R. PLANNED EVENT CRITERIA BY A NON-MARKET VENDOR GROUP/BUSINESS:
a.
b.
c.
Event must be approved by Manager and be complementary to the market.
Group/business will organize and run event. Plan approved by manager.
Only 3 such events will be allowed per year. Each group/business may only do one
event per year.
d. No sales by group/business is allowed.
e. Manager will assign space/area available for event.
f. No fee will be charged, however group/business will be required to provide adequate
advertising, which must be approved by the manager. (Must adequately promote the
Farmers’ Market.)
S. GUEST VENDOR CRITERIA FOR STUDENT ORGANIZATIONS:
a. K-12 and university student garden and agricultural organizations may sell at the market
as guest vendors.
b. Student organizations must abide by all BGFM/CAPA rules and regulations, with the
exception of those relating specifically to vendor eligibility.
c. The organization must have appropriate signage at the Market to identify itself as a
student organization and guest vendor.
d. Student organizations will pay site inspection fees and stall fees.
7
e.
f.
The market manager will assign vending spaces.
The Student Guest Vendor organization will receive benefits such as invitations to vendor
meetings.
T. REQUIREMENTS FOR PREPARED FOOD VENDORS
1.
2.
3.
4.
5.
6.
7.
8.
Vendors are required to pay the market stall fee.
Vendors must set up one hour before start time in spaces assigned by the market manager.
All set up must be removed and the area cleaned before one hour after market closes.
Vendors must carry premises and product liability insurance specifically endorsed to cover
their operations with policy limits not less than one million dollars, and provide proof to the
Manager. Food vendors must list the BGFM as additional insured on their required $1 million
product liability insurance.
Vendors must comply with all State and County health regulations and licensing.
Vendors must provide trash cans and remove them each day.
Umbrellas, shade tops/tents may be used only if anchored or weighted in such a manner to
prevent blowing in a strong wind.
Vendors will be subject to regular evaluation for quality, cleanliness and display. Failure to
maintain high standards will result in revocation of food vending privileges.
Vendors are restricted to sales of food items previously approved only.
U. Rules for Sale of Meat Products and Preserved Processed Food Products (from
application form)
1. Sale of Frozen Meat Products:
a. All stock held for sale will have been raised by the vendor for at least 60% of the live
weight. For stock purchased and then pastured on the vendors’ own farm or legally leased land,
the vendor must keep an accurate and updated purchasing log available at all times for reviewing
by the market management.
b. The vendor must register the name, location and registration plant number of the
processing facility(s) used to process their meats products. Any change in processing facility
requires notification and approval of the local county sanitarian or USDA-FSIS and market
management in advance of sales.
c. The vendor of frozen meats products is required by BGFM to carry general premise
and product liability insurance of at least $1,000,000.00 per occurrence. Upon
approval by BGFM, the vendor will request that their insurance provider list BGFM
as a Certificate of Insurance Holder, and send this certificate to BGFM.
d. Vendors are required to keep frozen meat below 38 degrees while vending.
e. USDA Poultry Exemption:
http://www.fsis.usda.gov/oppde/rdad/fsisnotices/poultry_slaughter_exemption_0406.
pdf
2. Rules for Sale of Preserved Processed Products
a. The core or identifying ingredient of the processed product must be produced from raw
materials grown or raised in Arkansas. The producer will provide a list of all other
ingredients in the product and indicate the source(s) of each.
b. The vendor will submit proof of a Farm-produced Process Product Plan that must
meet the approval of all licensing requirements of local, state, and federal food safety
regulating agencies. This proof may be in the form of an actual food processor license or
an approved PLAN from the above mentioned regulatory agencies. If a co-packer
8
processes the product, the vendor must submit the name, location and registration plant
number of the processing facility(s) used to BGFM.
c. The processed food producer is required by BGFM to carry general premise and
product liability insurance of at least $1,000,000.00 per occurrence. Upon approval by
BGFM, the vendor will request that their insurance provider list BGFM as a Certificate of
Insurance Holder, and send this certificate to BGFM.
d. All processed product vendors will abide by United States Department of
Agriculture and Food and Drug Administration labeling requirements, including
product dating.
e. The vendor must fulfill any and all health requirements of local, state, and federal
government agencies regarding the production and sale of their product(s).
V. INFRACTIONS OF THE RULES
Refer to BGFM Grievance Policy
W. COMMUNICATION POLICY
1. Any communication with the BGFM Manager will be done via email. Vendors or members of the public may email the board at: [email protected]. Concerns will be addressed in a timely manner. 2. Respectful communication is expected. 3. Inappropriate behavior or harassment directed towards the Manager or the BGFM Advisory Committee will not be tolerated. This includes communications that contain offensive name-­‐calling, jokes, slurs, negative stereotyping, or threats. This also includes comments or jokes that are distasteful or targeted at individuals or groups based on age, disability, marital status, national origin, race or color, religion, sex, sexual orientation or gender identity. 4. Violations of the communication policy will be investigated by the BGFM Advisory Committee and may result in disciplinary actions. 9