(Revised 3/15/17)

2017BENTON FARMERS' MARKET RULES AND REGULATIONS

Market Dates and Hours: May 21–July 23 12:00 pm – 4:00 pm

October 1–October 29 12:00 pm – 4:00 p.m.

SUNDAY ONLY MARKET

NO business shall be transacted at the Market other than during the stated Market hours, i.e. , NO SELLING SHALL BEGIN BEFORE the opening bell OR AFTER the closing bell.

A Market Manager supervises all day-to-day functions of the market. He/She will serve as an advisor and be in charge of daily operations. There are Market Coordinators who assist the Market Manager and can serve as the onsite contact person in the Market Manager's absence. The Benton Farmers' Market Advisory Committee is made up of citizens and vendors who review new vendor applications, and make decisions concerning acceptance of vendors based on mission and rules and regulations of the Market. The Advisory Committee will also assist the Market Manager in resolving customer or vendor issues when necessary.

Definition of Vendor: A vendor is a grower/producer who sells produce/homemade products grown or produced in Louisiana, Southwest Arkansas or Northeast Texas. The vendor warrants the quality of their products when they are offered for sale to the public. Benton Farmers’ Market promotes growers and producers of homemade products within the Ark-La-Tex. Seasonal/specialty products may be supplemented with prior approval by the market manager.

PERMITTED ITEMS FOR SALE:

Produce– These items include raw vegetable, fruits and other products. To use the term "certified organic" at the market a vendor must have USDA certification.

Plants - In general, all plants, bedding plants, cut flowers, trees, etc. LA requires all non-edible plants/flowers vendors acquire a permit. Contact LDAF at 318-949-3225 for requirements and application.

MeatsandDairy Products - No fresh meat or poultry products will be sold at the Market. Frozen meat and frozen poultry that have been processed in a licensed facility and bear the seal of inspection will be sold. Eggs, cheese, butter and sausage may also be sold. These products must be labeled accurately and comply with all state and federal regulations. It is the vendor's responsibility to ensure all applicable regulations are adhered to.

ProcessedFoods (ValueAdded) - These items are canned or processed items.

The vendor/farmer adds value to a basic item, usually a fruit or vegetable. Each

allowable product should contain a primary ingredient grown and processed by the

vendor/farmer. Examples: jams, jellies, syrup, preserves, honey, fruit butter, salsas, hot sauces, wine (not to be consumed on site), and similar products. Also included are pickled green beans,tomatoes, barbecue sauce, pickles, chutney, herbal vinegars and similar products. Vendors are strongly encouraged to buy key ingredients for their

products from other vendors. Each item sold must be labeled with contact information and “not prepared in commercial kitchen.”

Bakedgoods (breads, pies, cakes and cookies) Those selling these items are strongly encouraged to grow or wild-harvest at least one major ingredient in their product. NO commercially prepared products can be sold. Vendors of these baked/prepared food products are strongly encouraged to buy key ingredients for their products from other vendors. LA requires each item sold be labeled with contact information and “not prepared in commercial kitchen.”

Food Vendors– Vendors must comply with all state and parish health regulations and licensing if applicable. Vendors are restricted to sales of food items previously approved and fully described on their application. The acceptance of food vendors may be limited as appropriate and after review of the Market Committee.

Farm Crafts/Services - "Farm Crafts" are defined as crafts that have been traditionally produced on the farm using farm products. These crafts include beeswax candles, soaps, hand-dyed yarns, and woven goods from local materials. "Farm Services" include tool sharpening, agricultural and nutrition information, and related activities. Applications submitted in this category MUST have a thorough description of items to be sold and pictures may be requested. These may be allowed at the discretion of the Market Advisory Committee.

Vintage Crafts– Artisans/craftsmen with homemade creations using repurposed, reclaimed, refinished items from bygone years. These crafts may be allowed at the discretion of the Market Advisory Committee and pictures may be requested.

Items like salsa, jams, jellies and varieties of baked goods may be limited as appropriate and after review of the Market Manager/Market Committee. If it is determined that these types of items are being sold in excess, other less produced items may take precedence when approving applications.

Home prepared foods or products need to conform to rules and regulations of the Louisiana Department of Agriculture. Vendors are responsible for following safe procedures for the handling and storage of food (gloves, covering foods, storing temperatures, etc.) Any market approved home prepared food must be offered for sale in closed packages or sealed containers bearing legible labels stating the producer's name, contact info and price – not prepared in commercial kitchen. Please read about the LA Cottage Food Laws at http:/forager.com/law/Louisiana and educate yourself on Safe Food Handling (available on various websites).

Contact information for Louisiana Department of Agriculture and Forestry: 1-866-927-2476

VENDOR SPACE: Spaces available are 10' x 10' and on grass or concrete. Canopies may

Be required in certain areas.

BOOTH FEES:LONG TERM – Paid in advance. Will have booth space each Sunday

And listed on website with logo and Facebook coverage

$100–Summer (10 Sundays) no electricity

$50 – Fall (5 Sundays) no electricity

DAILY VENDOR – Booth space dependent on daily availability and

Included on website

$15 daily fee –no electricity

ELECTRICITY IS AN ADDITIONAL $5 DAILY FOR LONG TERM

AND DAILY VENDORS. Electricity is limited and assigned based on

Necessity.

Double spaces will be allowed if available. The rate for 2 spaces is twice the regular space rental rate.

Vendors paying by the day must pay fees (checks/money orders preferred) to the Market Mgr. before the Market ending bell that day. Upon notification of acceptance Long-term vendors need to send their fees as indicated on the acceptance letter.

Spaces are assigned based on many factors and will be established by the Market Manager. Changes in location of spaces are allowed as the Manager deems appropriate.

All vendors must stay within their rented space. No assignment, sale, or sublet of rented spaces to other vendors by a paying vendor is allowed.

Vendors will be assigned an arrival time for market to allow for a smoother setup for everyone. Vendors must be present 30 MINUTES BEFORE MARKET OPENING to be ready to sell by opening bell of Market. All vendor vehicles must be removed 15 minutes before opening unless vehicle location is pre-approved by Market Manager/Coordinator before Market day. Vendors must vacate and have premises cleaned no later that 30 MINUTES AFTER MARKET CLOSES or such time as Market Manager/Coordinator deems appropriate.

Market vendors are required to stay during the entire market day. In the case of an emergency he or she must obtain permission from the Market Mgr/Coordinator PRIOR to leaving for the day. The vendor must contact the Market Manager before leaving the premises, and be escorted off premises in order to maintain the safety of patrons and vendors. The Market encourages vendors to bring ample product to maintain their presence through the full Market.

APPLICATION/SELECTION PROCESS: Any person interested in becoming a vendor for the Market must complete an application and submit it to the Market Committee. Applications can be obtained and submitted on the website or at Benton Town Hall. Additional locations where applications may be found will periodically be listed on our website. All vendors are required to complete an application. Applications are due by April 30 for Summer and August 30 for Fall. All applicants will be notified of their status –acceptance/non-acceptance/waiting list, fees due, and more (arrival times, etc.) by mail by May 1 or Sept. 15 for Fall market. The Market Committee reviews all applications for approval to the Market in accordance with the mission, rules of the market, and availability of space.

In order for the Market to ensure a fair and varied product mix, vendors must list all the items they plan to sell on the vendor application. Vendors must contact the Market Manager if any additions of new products will be sold in order to get approval of sale.

VENDOR RESPONSIBILITY - Products must be of high quality. No products can be stored directly on the ground. Vendors must supply tarps, tables, chairs, electrical cords, and change to be used at their vendor space. Vendors using canopies or umbrellas are required to have them safely anchored. It is not permissible to sell directly from a truck unless approved in advance by the Market Manager and/or Market Committee. Vendors are required to keep their area clean and clean up after themselves daily. Produce must be of high quality and graded by vendor before it is brought to Market to minimize the amount of spoilage. All refuse and spoiled produce shall be removedfrom the Market site by the vendor. On-site trash containers will be provided to be used for packing materials, etc.

If vendors are committed to a Market day, they are responsible for informing the Market Manager in advance if, for any reason, they will not be able to attend. Notification must be given by the Friday before Market day. No refunds for cancellations. If a vendor misses multiple markets without notification, the Market Manager and/or Market Committee may take action. The notification of a vendor's absence is crucial in maintaining the Market at maximum capacity. The strength of the Market depends on the presence of dependable vendors with a diversity of products.

SIGNAGE - All vendors must clearly display the name and location of their farm/garden or where their products are produced. Growers/farmers are encouraged to include “homegrown” on their signage. Vendors may also be required to display other licenses or permits by state, local or regulatory agencies, if applicable.

HEALTH REGULATIONS - Vendors shall comply with the sanitary rules and regulations of the Parish and State Health Departments. Utensils such as deli paper, tongs, or disposable gloves should be used. The Market Manager/Coordinator can deny a vendor permission to offer food samples or other foodstuffs for reasons such as hot weather and/or potential health issues.

PRICING/WEIGHTS, MEASURES - Any products for sale by vendors sold by weightmust be weighed on state-approved scales in full view of the buyer. All weights and measures are expected to be in accordance with all applicable local, state and federal rules and regulations.

NO PRICE FIXING will be allowed. Price Fixing is an agreement between competing vendors to sell at the same price. Each vendor shall operate as an individual entity and, as such, vendor is responsible for setting his/her own prices. Intentional undercutting and price wars are not allowed.

TAX AND LICENSING - Taxing and licensing is as determined by the State of Louisiana. The market is not responsible for any taxation or licensing requirements. The vendor is responsible for meeting Louisiana Law and providing Benton Farmers' Market with appropriate licenses, tax ids, etc. Any questions should be directed to the Bossier City/Parish Sales and Use Tax Division at 318-741-8549. LA Tax Office: Monthly tax forms will be handed out to all vendors by the Market for vendors use.

Produce raised and sold by the farmer/gardener directly to the buyer is

EXEMPT from the 5% State Sales Tax and the 5.25% Local Sales Tax.

Value Added Products including all canned goods, baked goods and food vendor products ARE SUBJECT TO TAXES. Tax rates are 5.00% state sales tax and 5.25 % local tax. The Market is not responsible for collecting or reporting taxes.

NON-PROFIT ORGANIZATIONS - The Market Committee may allow non-profit organizations with missions related to farming, gardening, conservation, education, healthy lifestyles, youth, and/or nutrition to participate in the Market. An application must be submitted and approval must be given by Market Committee in advance for participation in the Market by these groups.

HOLD HARMLESS CLAUSE - The vendor shall indemnify, defend and hold harmless Benton Farmers' Market and the Town of Benton, their sponsors, employees and volunteers from and against all claims, damages, losses, and expenses arising out of participation in the Market if such claim is attributable to personal injury, bodily injury, death, or injury to, or destruction of property, including the loss of uses there from, and is not caused by any willful misconduct of Benton Farmers' Market or the Town of Benton, their sponsors, their employees or volunteers acting within the scope of their responsibility.

VENDORS ARE ASKED TO KEEP CHILDREN WITH THEM or nearby and not permit them to run around the Market area and driveways or parking lots.

Claims by vendors that their products or practices have specific nutritive or other health benefits is not supported by the Benton Farmers' Market.

AUTOMOBILE INSURANCE is required of all participants driving in the Market area or parking lots. Damages to property must be paid for by the person at fault, or their insurance company. Caution should be taken when driving in the Market area to avoid collision with structures, lights, cars, people and electrical devices.

NO ALCOHOLIC BEVERAGES (except those for legal sales) OR FIREARMS ARE ALLOWED. NO PETS ARE ALLOWED (exception is made for service dogs). No animals or fowl of any description may be sold, displayed or given away in the Market area.

NO SOLICITATION or solicitation materials are allowed at the Market during Market hours without prior approval of the Market Mgr/Coordinator.

VIOLATIONS OF RULES/REGULATIONS OF THE BENTON FARMERS' MARKET ARE

SUBJECT TO THE FOLLOWING:

1st Violation - Vendor receives verbal warning

2nd Violation - Vendor may be given option to stay the remainder of the day at

that Market OR vendor will be expelled from Market and will be ineligible to

participate in the remainder of the Market season.

Benton Farmers' Market reserves the right to sell items for the benefit of the Market.

Benton Farmers' Market reserves the right to deny access to the Market from any individual vendor or patron without cause.

The Benton Farmers' Market Manager/Coordinator and/or Market Committee and the Town of Benton reserve the right to make any and all decisions in the best interest of the Market.

SUBMISSION OF THE APPLICATION FOR A VENDOR SPACE AT THE BENTON FARMERS' MARKET INDICATES YOU HAVE READ AND AGREE TO THESE RULES AND REGULATIONS AND AGREE TO COMPLY WITH SAID RULES AND REGULATIONS

Benton Farmers' Market

P.O. Box 352

Benton, LA 71006

- website

- email

Phone/Contact: 1-318-584-5977 Market Manager

FAX: 1-318-965-2577 (Benton Town Hall)