Vendor Rules and Regulations
Market Dates & Hours:
Wednesdays, First Wednesday in June to last Wednesday in September
10 am to 3 pm
4th and Main Street
OVERVIEW
These rules and regulations may be revised or amended by the Board of Directors from time to time, with or without notice to vendors.
In addition to following these Rules and Regulations, all vendors agree to abide by all city, county, state, and federal laws and regulations, and the By-Laws of the Carbondale Farmers Market.
All applications will be reviewed by the Board of Directors for acceptance or denial to the Market annually. The Carbondale Farmers Market Board reserves the right to deny the acceptance of any application, for any reason, and reserves the right to revoke members for any reason. The Board, with the assistance of the Market Manager, will evaluate all vendors in the fall and inform them of their status for the following year: good standing; or questionable standing. A member in good standing is a vendor who demonstrates good attendance, professional attitude, adherence to selling locally produced products, and payment of booth fees and other applicable fees on time. Please be assured that every attempt will be made to run a fair and balanced Market.
Section 1: Vendor Types
a. Agricultural Producer:
i. All Agricultural Producers must submit an application annually. Applications will be juried using the guidelines stated below.
ii. All products must be grown by the Agricultural Producer (no re-selling or brokering)
iii. Agricultural Producers may display and sell “value added” food products as long as the majority of ingredients are wild-gathered or grown by the Agricultural Producer.
vi. Attendants at the booth must include the farmer or an on-farm assistant.
b. Non-Agricultural:
i. There are a limited number of spaces available for Non-Agricultural vendors. Agricultural Producers always have first right of refusal for available booth space. In the event there is booth space available after all Agricultural Producers have been booked, any available booth space will be filled using the guidelines outlined for each type of Non-Agricultural vendor.
ii. All Non-Agricultural vendors must submit an application annually. Applications will be juried in the following order of importance: previous year’s standing (if applicable), space availability, the vendor’s use of local products, and seniority.
c. Ready to Eat and Beverage:
i. Ready to Eat Food must be prepared by the vendor, and they must include as many local ingredients as possible in their products, preferably using as many ingredients (vegetables, fruits, meats, cheeses, flour, honey, etc.) as possible which are produced by the agricultural producers who participate in the Carbondale Farmers’ Market.
d. Value Added:
i. If there is an Agricultural Producer that has a specific product, such as jam, which is made from produce they have grown, then no Value Added vendor will be allowed to sell that specific product.
ii. If a Value Added vendor has been approved because no Agricultural Producer is selling their product, then the vendor is eligible to participate in the Market.
e. Artisan:
i. Artisan vendors are required to submit an application annually. Applications will be juried with preference being given to handmade, high quality goods that are relevant to the Farmer’s Market theme of local production, using sustainable and/or organic materials whenever possible. Participation in previous markets does not guarantee acceptance of an application. Newly juried Artisan applicants will be accepted when space at the Market is available.
ii. If the market has extra vendor space available (for example in the early and late season when some agricultural vendors choose not to attend) these extra spaces may be offered to artisan vendors.
iii. 80% of the Handmade products should be made by the vendor themselves.
f. Hemp/CBD/Herbals Vendors:
i. All products must be grown by the Agricultural Producer (no re-selling or brokering)
ii. All Hemp Vendors must adhere to State regulations.
iii. No live plants, seeds (for germinating or reproduction), or raw products may be sold at the market. Grains (for processing or consumption) may be used.
iv. The Board of Directors will approve no more than a total of 3 hemp/cbd/herbal vendors per market season.
iiii. Vendors with Colorado-based products and/or seniority will have priority in acceptance.
g. Service Vendors:
i. A Service Vendor will provide a service at the market. Acceptable Service vendors will be in line with the Market values of healthy living, sustainability or relation to food. Examples include, but are not limited to: massage, acupuncture, and chiropractic.
h. Informational Booths:
i. The Informational Booth program will be carried out by the Market Manager with guidance from the Board of Directors.
ii. This program is intended for community groups, local non-profits, government entities or private businesses that promote Market values of healthy living, sustainability, local food and/or community involvement. Examples include, but are not limited to: local radio stations, Master Gardener programs, Town programs, Cooking Matters.
iv. No for-profit sales are allowed from Informational Booths. They are intended for the distribution of information and fundraising only.
Section 2: Products and Merchandise
i. All vendors must follow current federal, state, county, and town regulations in regard to the products and merchandise they sell at the Carbondale Farmers’ Market.
ii. All vendors are subject to inspection by the Carbondale Farmers’ Market Board or a designated representative.
iii. Only those products listed in the vendor’s application will be allowed for sale. Vendors wishing to sell a new product must notify the CFM Market Manager one week in advance of proposed sale.
Section 3: Fees
i. Vendors pay for their booth space prior to each market season. Accepted seasonal vendors must submit their booth space fee by 14 days prior to each market season start date. Exceptions may be made by approval of the Board of Directors. After the Board of Directors reviews vendor applications, vendors will be notified of acceptance or denial into the market in a timely manner. If an application is denied, any submitted fees and deposits for that year will be returned within the following seven working days after the denial date.
i. Small Space Seasonal: A 10x10 vendor booth space shall be $275 (No vehicle)
ii. Medium Space Seasonal: A 10x20 vendor booth space with vehicle adjacent shall be $375
iii. Large Space Seasonal: A 10x30 vendor booth space with vehicle adjacent shall be $475
b. Deposits
i. A $100 refundable deposit is due with seasonal vendor space booth fee.
ii. Deposits will not be refunded if the vendor misses 1 market and fail to provide a one week advance notice to Market Manager or if vendor misses more than 2 markets. Exceptions are made to Agricultural vendors who do no have produce.
c. Day Vendor prices
i. Day vendor “drop in” prices for-profit businesses will be $40
ii. Day vendor “drop in” prices for non-profit businesses will be $20
iii. Drop in day vendors are allowed to attend 1-2 markets per month.
d. Booth spaces are non-transferable and are assigned only by the Market Manager
e. Booth spaces are to be paid by cash, check or credit card only. Credit card payments may be made through paypal.
f. Any vendor whose payment is rejected by the bank causing Insufficient Fund charges for the Carbondale Farmers’ Market will be responsible for compensating the Carbondale Farmers’ Market for the full amount of the payment plus the Insufficient Fund Fees before being permitted to return to the market.
g. The market manager will assign available selling spaces to day vendors on a first- come, first-serve basis.
Section 4: Insurance
It is mandatory that markets require their vendors to maintain a commercial general liability policy that does not exclude products - completed operations coverage. Policy limit should be a minimum of 1 million per occurrence with a 2 million aggregate limit. Each vendor policy needs to list the market as an additional insured or contain a blanket additional insured endorsement and provide the market with a certificate of insurance confirming coverage.
General liability insurance protects businesses from property owners, customers or other potential claimants, and helps businesses focus on risk assessment, food safety, and good operating practices. Policies may cover premises liability and property damage.
Section 5: Licenses
i. All vendors must provide a copy of their current business license to the Market Manager no later than one week prior to the first day of participation.
ii. All vendors must display in full public view, at their booth, their current Town of Carbondale sales tax license.
iii. All vendors are responsible for the collection, reporting and payment of all appropriate taxes to the Town of Carbondale, County of Garfield and State of Colorado
iv. All vendors are responsible for the necessary licenses and permits required for the sale of their product(s).
v. Vendors offering prepared foods must provide a copy of their Retail Food Establishment permit, Commercial Kitchen license or Cottage Foods certificate. Vendors offering products obtained directly from another Colorado grower must provide a copy of their Department of Agriculture permit.
Section 6: Health Regulations
i. All vendors must follow Garfield County Public Health and the State of Colorado’s current Health Code Regulations. It is the responsibility of the vendor to ensure compliance
ii. All Value-Added, Ready to Eat, and Beverage vendors are responsible for the appropriate inspections by the applicable licensing authorities and must have the approved certification, permits and licenses on display at their booth. These documents must be included as part of their application or submit to the Market Manager no later than one week prior to the first day of participation
iii. Smoking by any vendor will not be permitted at the Market.
Section 7: Vendor Booths
i. All vendor booths must have a tent, canopy or umbrella
ii. Weighting of each vendor tent or canopy is required
iii. Wednesday set-up must be completed no later than 9:45 am Vendor vehicles must be gone from the Market area by 9:30 am
iv. Vendors are to unload, park, and then return to set-up, allowing other vendors access
v. Wednesday Market will open sharply at 10:00 am. No sales to the public are allowed before this time
vi. Wednesday Market will close sharply at 3:00 pm. Vendors are not to break down booths prior to 3:00 pm. If vendors sell out of their product prior to 3:00pm, they may leave their booth set up with a sign stating they sold out, but will return at next week’s market. Exceptions may be given to vendors that are approved by the Market Manager
vii. Vendor booth placement will be decided by the Market Manager with direction from the Board of Directors if needed. Multiple factors will be taken into account when assigning booth placement including, but not limited to: specific vendor needs such as access to electricity, water or other place-specific resources, shade, previous season placement, seniority and safety.
viii. Vendors are required to notify the Market Manager if they will not be attending the market. Notification is to take place no later than the Monday evening prior to the market, before 5:00 pm. Failure to notify before this time will result in a charge equal to the value of the unoccupied booth space(s) at the discretion of the Market Manager.
ix. Vendors offering food samples must do so in compliance with food sampling guidelines.
x. Each vendor is responsible for the conduct of their employees and/or representatives and activities must not detract from the image or welfare of the market. If vendors would like help advertising for staff and/or volunteers to help at or work their booths they are encouraged to communicate their needs with the Market Manager who can assist in volunteer placement and staff advertising.
Section 10: Quality Standard
i. Liability for products rests solely with the vendor producing and selling them. Carbondale Farmers’ Market requires that each vendor have his or her own general liability insurance that names the Carbondale Farmers’ Market as an “Additional Insured.”
Section 11: Upkeep & Evergreen Zero Waste
i. Vendors are responsible for the upkeep of the market area located near or in their booth area.
ii. Upon leaving the site, vendor’s booth area must be as clean, or cleaner, than they found it at the beginning of the day.
iii. Vendors are responsible for disposing of gray water into appropriate water drums provided by the Market Manager
iv. Vendors are responsible for following the guidelines of using Evergreen Zero Waste standards. Please refer to the Evergreen Zero Waste guideline paperwork.
Section 12: Consumer Comments
All consumer comments should be directed to the Market Manager. The Market Manager may bring such comments to the Board of Directors for discussion.
Section 13: Vendor Comments and Concerns
All suggestions, complaints and comments may be presented to a member of the Board, in writing, and must be signed by the vendor with their name, address and telephone number. All such suggestions, complaints and comments will be considered by the Board of Directors at the next scheduled Board meeting. Any anonymous concerns may be mailed to the PO Box, and will be considered by the Board of Directors at the next scheduled Board Meeting.
Section 14: Vendor Suspension and Disciplinary Action
i. Any vendor may be suspended from selling by action of the Market Manager and/or the Board of Directors for failure to comply with the Rules and Regulations or ByLaws of the Carbondale Farmers Market.
ii. Any vendor who challenges the authority of any CFM staff member, board member or inspector, or who behaves in a rude, violent, threatening, or intimidating manner toward any person at the market may be immediately expelled for the day by the Market Manager. Any such behavior must be documented in writing by any Board member or CFM staff, with a copy to be kept on file with the Market Manager, and a copy to be mailed to the offending vendor. The Carbondale Farmers’ Market Board of Directors may permanently ban such an offender from the Market, or impose a lesser penalty at its sole and unlimited discretion. Decisions must be documented in writing, with a copy to be kept on file with the Market Manager and a copy to be mailed to the offending vendor
iii. Carbondale Farmers Market vendors are expected to behave in a professional and courteous manner at all times. Maligning and derogatory language directed at other vendors and/or their products will not be tolerated. If a vendor has a concern, they should immediately contact the Market Manger. If the Market Manager is not available, the vendor should then contact a member of the Board.
Section 16: S.N.A.P. and DUFB Program
i. The Carbondale Farmers Market will participate in the Colorado Farmers Market Association food stamp program called S.N.A.P. and LiveWell Colorado program called Double Up Food Bucks.
ii. Vendors who sell S.N.A.P. and DUFB eligible items must participate in the program through the Carbondale Farmers Market and be willing to accept the S.N.A.P. and DUFB coupons presented by the customer.
iii. Coupons come in one-dollar increments. No change can be given.
iv. Coupons received by the vendor will be turned in to the Market Manager, by the end of the day each market. Vendors will be reimbursed for said coupons by the Market Manager through cash or check
v. All coupons must be redeemed within the current market year.
Section 17: Carbondale Farmers’ Market Bucks
i. CFM Bucks are a certificate used to purchase items from any vendor at the market. The CFM Buck is designed to help promote market awareness, market attendance and market promotion.
ii. CFM Bucks come in both $1.00 and $5.00 increments and can be purchased individually or in larger lots All CFM Bucks are to be treated as cash received from the customer, with change given accordingly. iii. All CFM Bucks received by the vendor are to be turned in at the end of the market day to the Market Manager. Vendor will be redeemed for said Bucks by cash or check
iv. All CFM Bucks must be redeemed within the current market year.
Section 18: First Amendment
The CFMacknowledges that the constitutional right to free speech and expression is afforded careful protection in traditional public forums like Town parks, streets, and sidewalks. If an event is open to the general public and occurring on or within a Town park, street, or sidewalk, the Event Organizer acknowledges that the Town, including its Police Department, will not enforce or otherwise support any restrictions on an individual or group’s First Amendment rights, except if determined, in the Town’s sole discretion, that the First Amendment activity raises a significant and real issue of governmental concern, including but not limited to public health, safety, or pedestrian or vehicular traffic impediments, or significantly interferes with the specific expressive message of the event.
Section 19: Board of Directors
The farmers’ market board consists of at least five members, three of which will be growers. Terms are three years and elections will be staggered one to two times per year and held at the annual fall meeting.