Ala. Admin. Code r. 350-X-1-.04

Current through Register Vol. 43, No. 02, November 27, 2024

Section 350-X-1-.04 - Certification Requirements Of A Certified Farmers Market

(1) A person or entity may apply to be a Certified Farmers Market by completing a Certified Farmers Market Application and submitting it to the Authority. The application shall be on a form authorized by the Director.

(2) Application to become a Certified Farmers Market shall be made by the proposed operator(s) of a Certified Farmers Market and shall include a signed agreement by the operator(s) to comply with the terms of the Authority's Rules and Regulations.

(3) Upon receipt and approval of the Certified Farmers Market Application, the Authority shall issue a Certified Farmers Market Certificate. The certificate shall identify where the market is located and indicate that the marketplace is a Certified Farmers Market where agricultural products may be sold or offered for sale.

(4) The governing body of a Certified Farmers Market shall promulgate a set of market rules and regulations which specify procedural criteria pertaining to the following:

(a) Establish the identity of the persons or entities that govern the market and the philosophy and purpose of the market.

(b) Establish the identity and duties of the Market Manager.

(c) Establish rules for participating in the market.

(d) Establish who may participate in the market and what may be sold at the market. The number of non-food vendors may not exceed 30% of the total vendors. Arts and crafts are not permitted for sale at the market unless they have received prior approval by the Market Steering Committee/Board. Items purchased for resale, as well as items made from kits, commercially available plans and items that are mechanically mass-produced may not be sold at the market.

(e) Establish the process for selecting vendors and establishing fees. Establish market space allocation procedures including priorities, preferences, and stall fees.

(f) Identify all documents and licenses required to participate including: proof of insurance, grower's permits/certificates and/or business licenses. Attach a copy of all documents to the final version of your market's rules.

(g) Establish detailed guidelines on issues such as market location, day(s) and hours of operation set-up, clean-up, selling times, notification for non-attendance, pets, samples, sanitation, signage, smoking, food safety and food handling.

(h) Establish procedures for rule enforcement, including reporting violations, notice, penalties, suspension or removal and appeals.

(i) Incorporate applicable State and Local requirements into your market's rules, with agreement that it is vendor's responsibility to comply. The sale of live animals is not allowed at the market. Wine is prohibited for distribution and/or retailing at farmers market in the State of Alabama. Alcohol, i.e. beer, whisky, etc., is prohibited for sale at farmers markets.

(j) Establish the method by which the vendor agrees to indemnify and hold harmless the market organizer from any liability arising from the vendor's participation in the market.

(k) Establish rules for handling and storing different types of foods with guidelines for sampling if allowed. It is the responsibility of each vendor to abide by all state and federal regulations which govern the production, harvest, preparation, preservation, labeling, or safety of products offered for sale at the market. All vendors regardless of product must meet the health requirements that prevent food borne illnesses. No cooking is permitted within the market area without prior approval.

(5) The Certified Farmers Market's rules and regulations shall contain a clause, which states that the governing body and its designated agents shall implement and enforce all rules and regulations pertaining to the operation of the Certified Farmers Market in a fair and equitable manner.

(6) A copy of the Certified Farmers Market rules and regulations and any updates shall be sent to the Authority. The Authority's copy shall govern the Certified Farmers Market.

(7) In order to be recognized by the Authority as a Certified Farmers Market the criteria and/or rules as set out in Chapter 350-X-1.05 must be met. (This does not prohibit a market from imposing more stringent requirements on its sellers.)

Ala. Admin. Code r. 350-X-1-.04

New Rule: Filed March 23, 2012; effective April 27, 2012.

Authors: Don Wambles, J. Matt Bledsoe

Statutory Authority:Code of Ala. 1975, § 2-5-10.