Ft Wayne’s Farmers Market 2014 & 2015 Rules and Regulations     Rev 2

MISSION STATEMENT: Our mission at FWFM Inc. is to promote the health benefits of and to provide access to fresh, local produce, foods, natural products as well as arts and  crafts to the general populace by providing an outlet for local producers to sell their products directly to customers; to assist in the economic development of Fort Wayne and the surrounding regional; to provide opportunities for small businesses to grow and prosper; to provide access to fresh, locally grown produce and foods to the low income community by partnering with nonprofits who serve those populations; and to combat food deserts in our region.

The Property Manager will interview and select the Market Manager from vendor applications.  The Market Manager will receive their booth at no charge for only that market.  The Market Manager will work with the Property Manager for an effective flow and layout.  Contact temporary vendors in the absence of a full time vendor.  Resolve disputes and collect temporary vendor fees.  The Market Mangers goal it to assist in maintaining a full and viable market to the standards of the FWFM.

The Volunteer Market Staff and Property Manager must approve every vendor, and vendor approval is only given if the staff determines that the vendor’s participation in the Market is consistent with our mission

These Rules and Regulations were created for the FWFM and are mandatory for all 100% Growers, Agricultural, Value-Added, and Non-Profit Vendors (hereinafter called participants) including their agents and employees. They are subject to change. Participants are required to read these rules and regulations carefully before signing their applications.

1.  Arrival & Set Up: Vendor set-up may begin 2 hours before the start of the market.  All participants are to unload supplies and move vehicles out of the Market area to a designated location, no later than 45 minutes before market.  Participants who have been assigned a vendor space that allows a vehicle must be parked in place no later 1 hour before market (unless prior approval).  Movement of vehicles within the Market area during market hours is strictly prohibited.

Those arriving later without giving sufficient notice to the Market Manager may forfeit their space and might not be permitted to participate that day.  Vendor could also loose there spot for the balance of the season.

2. Dismantle & Departure: Participants are NOT permitted to dismantle their tent or table before the close of the market. If a participant experiences a personal emergency, an early departure must be approved and coordinated with the Market Manager to ensure it is done safely. Participants are to remove their refuse upon departure, leaving their space clean and free of litter. 

3. Attendance: Participants are required to give a 3 day notice to the Market Manager if they are unable to attend the market. If a participant encounters an emergency and cannot attend the market, please contact the Market Manager.

4. Market Cancellation: The market will be cancelled in the event of any weather conditions that the Market Manager and Property owner deems to be unsafe. If the Market is cancelled, participants are prohibited to sell his/her product at the site of the Market that day.

5. Spaces, Tents, & Tables: The Market Manager will assign participant space locations.  Growers are always given preference over other participants. Every effort will be made to keep participants in the same assigned space every Market.   The Market Manager reserves the right to change the assigned space of participants, if necessary.  Spaces must remain clean and barrier free at all times. Participants are responsible for providing their own tent, weights and table. Tents must be secured and weighted, to ensure it remains in place and cannot be blown over. Tents must not be larger than the standard size of 10 x 10.

6. The Market Manager: The Market Manager is authorized to assign spaces, enforce all rules and regulations, collect fees, and handle all disputes.

7. Market Fees: Volunteer Market Staff and Property Owners sets the space rental fee and may waive them at its own discretion. The Market Manager will collect temporary fees during each market. Fees will be paid before setting up at the market.  Temporary Fees are for a 10 x 10 space, unless otherwise discussed.  Most produce vendors are permitted to have their vehicle accompany their space at no additional charge at the summer markets. (However, no displaying produces in the bed of a pick-up truck.) Please notify market manager the space required for your vehicle.

Concession/value-added Food Vendors $25.00 per market (approval per property owner) with other financial considerations.

8. Insurance and Indemnity:  Neither the Ft Wayne Farmers Market nor the property owner carries insurance to cover Participants.  The Ft. Wayne Farmers Market shall not be liable to Participant or the property owner on account of any personal injuries or property damage sustained or caused by Participant. Participants are required to obtain and maintain in force throughout the term of this Agreement and/or Participant’s relationship with the Ft. Wayne Farmers Market all necessary and appropriate general liability, public liability, personal injury, product liability, property damage and other insurance coverage in sufficient amounts to cover any/all potential claims and or damages and shall produce a copy of appropriate insurance upon request.  Participants shall reimburse Ft. Wayne Farmers Market and/or the property owner for any damage, including, but not limited to damage to the grounds, vehicles, fencing, sidewalks and tents, caused by any individual or agent representing or employed by a Participant.  Participant agrees  to  defend,  indemnify  and  hold the Ft. Wayne Farmers Market and its employees, directors, officers, agents and board members, harmless from and against any and all liability claims, damages, expenses and costs (including attorney’s fees) resulting from any claim or litigation against Participant or the Ft. Wayne Farmers Market its employees, agents, directors, officers, agents and board members, arising out of or relating to this Agreement, Participant’s involvement with the Ft Wayne Farmers Market or otherwise resulting from  any  act  or  omission of  Participant or  any  of  Participant’s staff,  employees  or  agents. 

9.  Complaints: Participants are responsible for effectively addressing complaints from their customers. However, the Market Manager will get involved if there are repeated complaints about a specific participant. Repeated customer complaints regarding a specific participant may result in the expulsion of that participant from the Market. The Manager will address complaints between participants.

10. Vendor Gross Sales Reporting: For our non-profit requirements, vendors may be requested to submit completed gross sales forms by product category for each market attended and to represent themselves with honesty and integrity.

  • Forms may be submitted anonymously and are collected in a closed container.
  • Only the Market Community Coordinator is privy to the original forms and they are not permitted to discuss the sales tallies for individual vendors.
  • Raw data is incorporated into a spreadsheet by category grouping and not by vendor name.
  • Forms are destroyed after they are compiled into a spreadsheet.

11.  Vendor pets within the confines of the market are prohibited, unless service dogs.

12. Vendor smoking within the confines of the contracted market space is prohibited.

The Ft Wayne’s Farmers Market includes eight types of vendors: “100% GROWER”, “Food”, “AGRICULTURAL”, “Natural”, “Craft/Artisan”, “VALUE-ADDED FOOD”, “NON-PROFIT”, and “MARKET DAY SPONSOR”.

The FWFM promotes itself as a market of local, fresh produce. The following is a statement on the Market’s position on this. To accomplish this quality we have a goal, first and foremost, to bring to the consumers fresh produce from local growers, thereby promoting and stimulating the local agricultural economy defined as Fort Wayne, to include Ohio and Michigan.  We DO NOT accept brokers (one that does not grow anything themselves). The Manager will remove from display any produce that does not meet these criteria and the participant will be given a warning.

“100 % GROWER” RULES: In addition to the General Rules, 100% Growers must comply with the following: To be considered an eligible “100% Grower”, the Participant must be a person who grows and harvests items for sale.  100% of their items for sale in their display must be grown by themselves.

1. “100 Grower” Application – “100% Growers” must complete and sign the 100% Grower Application stating that they understand and agree to comply with the Rules and Regulations of the market.

2.  Grower List – “100% Growers” are requested to submit “Grower List” to the Market Verification Department via e-mail, text, or voicemail by the Monday prior to the first market. The Grower List consists of all items in which they will be selling.  Any if there are changes, just the changes need to be sent on to the Market Verification Department

3.  Field Visits – Field site visits will be conducted for 100% Growers. The Market is not required to announce or schedule field site visits. Failure by the 100% Grower to cooperate with the Market and/or agents from the FWFM regarding field site visits may result in expulsion from the Market.

4.  Produce Signage – 100% Growers agree to display the following signage: Farm name & location, and the name & price of each item for sale. The Market will not provide these signs. These signs must be in plain view to the customers.

5.  Organic Produce and Certified Naturally Grown (CNG) Produce – If any item for sale is labeled organic, the grower must show proof of certification from a USDA licensed certifier. Only USDA certified organic growers may display the USDA organic seal. Products which are certified naturally grown (CNG) may not use the word organic but may display the CNG label. Proof of certification must be supplied to the Manager.

6.   Insurance – Refer to the general Rules and Regulations above.

7.   Exemption: Due to weather or natural disaster growers, can file a waiver for produce or fruit that is brought in from an alternate farm/location.   Waiver will be verified by the Market Coordinator and Market Manager, when approved the farmer will be notified.  All signage for waived produce/fruit will need to show name of farm, city and state. Sign is not provided by FWFM.

“AGRICULTURAL VENDOR” RULES In addition to the General Rules, Agricultural Vendors must comply with the following: To be considered an eligible, ”Agricultural Vendor”, the Participant must be a person who raises, catches, harvests and/or produces items such as beef, pork, poultry, cheese, eggs, etc…

1.  Agricultural Vendor Application – Agricultural Vendors must complete and sign the Agricultural Vendor Application stating that they understand and agree to comply with the Rules and Regulations of the market.

2. Products – All products must complement the mission of the Market as determined by the Market Staff and Property Owners.

3. Agricultural Vendors must be in compliance with Indiana Department of Health.  A copy of your permit and/or certification must be included with your application for each market you’re participating in.  (if you are doing 3 markets, we will need 3 copies)

4. Insurance – Refer to the general Rules and Regulations above.

“Concession/VALUE-ADDED FOOD VENDOR and Food Vendor” RULES In addition to the General Rules, Value-Added Food Vendors must comply with the following: To be considered an eligible, ”Value-Added Food Vendor”, the Participant must be a person who prepares and sells edible items which have been altered from their “raw” or “original” state.

1.  Concession/Value-Added Food Vendor Application – Value-Added Food Vendors must complete and sign the Value-Added Food Vendor Application stating that they understand and agree to comply with the Rules and Regulations of the market.

2. Resale Items are prohibited – The sale of “resale” items by Concession/Value-Added Food Vendors is prohibited.

3. Products – All products must complement the mission of the Market as determined by the Market Staff.

4. Concession/Value-Added Food Vendors must be in compliance with Indiana Department of rules and regulations. A copy of your Commercial License must be included with your application for each market you’re participating in.

5.   Insurance – Refer to the general Rules and Regulations above.

GENERAL RULES FOR ALL MARKET PARTICIPANTS AND MARKET CUSTOMERS

– Abusive, profane, threatening, or harassing language or actions toward market staff, other participants, or market customers is prohibited.

– Individuals knowledgeable of the items for sale must be working at each participant’s display.

– Children under the age of 14 will not be permitted to sell unless an adult who is knowledgeable about the item(s) for sale is present.

– Participants will dress appropriately for working with the public.

– Fraudulent, dishonest or deceptive merchandising is prohibited.

– False packs and incorporating the exposure of the best products at the top of a package with inferior products packed below is prohibited.

– Solicitations for products, services, or charitable contributions are NOT permitted except with the express permission of the Market Staff.

– Participants are responsible for their own actions and those of their employees and/or agents.

– Firearms, fireworks, gambling, disorderly conduct, or the use of illegal drugs by participants, their employees/agents, or market customers is prohibited.

– The selling of live animals (i.e. livestock, domesticated animals, etc.) is prohibited.

SANCTIONS FOR VIOLATIONS OF MARKET RULES AND REGULATIONS

Any violation of the Market Rules & Regulations as stated above or any violation of the laws of the state of Indiana, Allen County, or The United States of America will result in the following sanction(s) being imposed by the Manager:

1. First offense: written warning from the Market Manager

2. Second offense: $30.00 fine

3. Non-payment of fine: one day suspension from the MARKET.

4. Third offense: expulsion from the Market for the remainder of the season without a refund.

APPEALS

Participants may appeal sanctions imposed upon them which do not involve suspension or expulsion from the market by writing to the Market Board of Directors within fifteen (15) days of the imposition of the sanction(s). The appeal must state the specific reasons for the appeal. The Board will render a written decision within fifteen (15) days of receipt of a Participant’s appeal. The Manager will immediately forward in writing to the Board any sanctions of participants that involve a suspension or expulsion from the market. Participants may request an appeal hearing with the Board in regard to any sanctions that involve suspension or expulsion from the market. The Board will schedule appeal hearings regarding suspensions or expulsion from the market within fifteen (15) days of receipt of a written appeal from the participant. The Manager will provide the appealing participant a copy of the sanction recommending suspension or expulsion. The Manager will give written notice of the date, time, and location of a scheduled appeal hearing to the appealing participant. The Board may limit, at its own discretion, the amount of testimony and the number of witnesses permitted at an appeal hearing. The Board shall, by majority vote of those members present at an appeal hearing, render a written decision based on findings of fact and the application of the rules set forth in these Rules and Regulations within seven (7) days of the date of the appeal hearing. The decision shall be served upon all parties or their representatives and shall be final.

CONTACT INFORMATION: Ann Applegate, Department of Health 260 449-7109