Market Rules and Regulations
The mission of the Crescent City Farmers Market is to benefit farmers and fishers, consumers and neighborhoods in the fertile crescent of Greater New Orleans by operating weekly, year-round markets where food producers and harvesters market the fruits of their labor directly to consumers in a public setting.
I. Criteria For Acceptance As A Market Vendor:
All persons who produce food and agricultural products that they intend to sell at the Crescent City Farmers Market are eligible. All persons intending to sell in the Crescent City Farmers Market must, prior to participation in the Market, file an application with marketumbrella.org which verifies that they are the actual grower or producer of the specific items which they intend to sell in the market. All vendors shall allow marketumbrella.org representatives to inspect their production facilities at any time, with or without notice, so as to maintain the integrity of a producers' market.
A. Definition of Vendor and Farm/Production Facility: All products sold must be grown or produced by the vendor as we are a producer only, food market. "Vendor" shall be defined as the producer of goods sold and shall include the spouse, siblings, children, parents and employees of the applicant who assist in the cultivation of the same property listed in the application under the "name of the farm/production facility." Produce grown or produced at a location not listed on the application is not eligible to be sold. The resale of items purchased by the vendor shall not be permitted. The market's objective is to assist small entrepreneurs to break into the market, therefore vendors who already maintain retail operations in New Orleans are not invited to participate. Farmers may sell limited amounts of products from neighboring farms on a temporary basis at the discretion of the Market Coordinator.
B. Permitted Items for Sale: Items allowed for sale shall include raw vegetables and fruits; edible plants; eggs; honey; shelled peas and beans; cut, washed and unwashed, bagged vegetables; nuts; garlic; spices; grains; herbs; bedding plants; native wines, herbal vinegars, pastries, cookies, cakes, cheesecakes, chocolates, fruit syrups, jellies, jams, herbal and vegetable spreads, vegetarian focaccias and sandwiches, pies, stuffed breads, fresh pasta, fresh juice and cider; raw and frozen meats (beef, lamb, mutton, pork, goat); raw and frozen small poultry; raw and frozen game bird and rabbit; raw and frozen fin fish and seafood (crustaceans, fish, turtle, alligator); live seafood (shellfish, crustaceans, oysters); fluid milk and fresh dairy products; cheese; canned and pickled products; cured sausage and meat are eligible. Products not permitted: are prepared frozen entrees and appetizers, fresh or frozen soups, fresh or frozen meat pies, canned or frozen meat stews, crafts. Vendors are only permitted to sell the items that the board has approved them for sale.
C. Products in the Crescent City Farmers Market are reviewed and placed into one of three (3) categories. These categories are organized by the level of consumer risk to contract a food-borne illness from eating food purchased at the Market. Additionally, the Market is pledged to achieve a balance of products. The Market’s ideal balance is 60% category 1 (majority fresh produce), 20% category 2 (value added products), 20% category 3 (diary, meats, seafood). All new vendors’ farms, production facilities, or boats will be visited for inspection prior to entering the market.
Category 1: Products in category 1 include foods that historically have not been identified as sources of food-borne illness: raw vegetables and fruits; edible plants; eggs; honey; shelled peas and beans; cut, washed and unwashed, bagged vegetables; nuts; garlic; spices; grains; herbs; bedding plants. Producers in Category 1 submit applications to the Market so that the Forager can seek verification from the Alabama, Louisiana and Mississippi Cooperative Extension Services as genuine growers in the region.
Category 2: Products in category 2 have been identified as the source of few outbreaks of food-borne illness. They utilize two primary packaging formats: plastic bags or glass/plastic bottles and jars: native wines, herbal vinegars, pastries, cookies, cakes, cheesecakes, chocolates, fruit syrups, jellies, jams, herbal and vegetable spreads, vegetarian focaccias, sandwiches, pies, stuffed breads, fresh pasta, fresh juice and cider.
Category 3: Products in category 3 have been the source of most food-borne illness. Some indeed are life threatening. Clean process, transportation, and storage environments are required: raw and frozen meats (beef, lamb, mutton, pork, goat); raw and frozen small poultry; raw and frozen game bird and rabbit; raw and frozen fin fish and seafood (crustaceans, fish, turtle, alligator); live seafood (shellfish, crustaceans, oysters); fluid milk and fresh dairy products; cheese; canned and pickled products; cured sausage and meat.
New category 2 and 3 producers must submit product samples for tasting at scheduled gatherings of the CCFM Market Management team. Potential new market item(s) to be sampled/sold should:
a. Include at least one locally grown ingredient and/or demonstrate a linkage to the Greater New Orleans region’s cultural heritage.
b. Be a product that can be marketed during more than one season
c. Be submitted to the review committee in the exact form they will be offered for sale. They must be packaged, labeled with ingredients, company name, address and telephone. Products must also be labeled with the intended price for sale.
REMEMBER: You are only allowed to market the products that you have indicated on your vendor interest form and that you have been approved to sell. This measure is not meant to stifle creativity on your part, but rather to ensure a sustainable product mix in a small market and the authenticity of its mission as a growers’ market. Should you wish to expand your line of products, please contact the Forager about new additions for approval and submit your product to the next scheduled Market Management team meeting.
If your product is not invited into the Market, it may not reflect upon the quality of your product, Rather, products are chosen based upon the Market’s stated criteria and specific needs for a balanced product mix. Although some products are delicious, they may not lend themselves to this forum. Outdoor conditions of the Market, for instance, make it difficult for home-made ice cream. We appreciate any and all interest from potential vendors and their creative talent and entrepreneurial drive within our region. We hope that our Market will be a useful outlet for your talents.
The Crescent City Farmers Market has established a series of rules and regulations that guide vendors in understanding what their responsibilities are as members of the market community. Understanding and complying with these guidelines creates a market that operates smoothly and efficiently so that all participants may benefit.
The Crescent City Farmers Market will operate
* Tuesdays: In the Uptown Square parking lot at 200 Broadway Street
* Thursdays: In the parking lot of the American Can Company at 3700 Orleans Avenue
* Saturdays: In the William B. Reily parking lot at 700 Magazine Street
II. General Rules and Guidelines
A.. Health regulations: All vendors participating in the Crescent City Farmers Market must comply with its food handling procedures (From the Field to the Table) distributed to each vendor upon acceptance into the Market.
B. Hold Harmless Clause and Insurance: All authorized vendors participating in the Crescent City Farmers Market shall be individually and severally responsible to Loyola University (the fiscal agent) for any loss, personal injury, deaths, and/or any other damage that may occur as a result of the vendors' negligence or that of its servants, agents, and employees, and all vendors hereby agree to indemnify and save Loyola University harmless from any loss, cost, damages, and other expenses, including attorneys' fees, suffered or incurred by Loyola University by reason of the vendors' negligence or that of its servants, agents and employees; provided that the vendors shall not be responsible nor required to indemnify Loyola University for negligence, its servants, agents and employees. Because no insurance is provided to participants in the Crescent City Farmers Market, each vendor must carry his/her own product liability insurance and must be prepared to present it in the Market.
C. Rent: All approved applicants who sell goods in the market are required to pay rent for the space which they use. This rent shall be paid to marketumbrella.org. An annual packet of vendor reservation forms are distributed by the Market Manager to each vendor once a year. The Market Manager shall deposit all payments into the CCFM account at Loyola University New Orleans and forward details to the marketumbrella.org treasurer. The Market Manager's records of rent due and rent paid shall be open for inspection at all times at the marketumbrella.org office.
D. Space Assignment: The Market Manager shall assign spaces on a rotating basis on or before Market day. Vendors can display produce on tables facing the public or on back bar or truck bed (if needed), but not on the ground. Canopies and umbrellas are allowed. Fees are determined by square footage on Tuesdays and the number of tables facing the customers on Saturdays.
E. Time for Set-up: The set up of the Market may begin according to the following schedule:
* Tuesdays: 7 a.m. - 8:00 a.m. vendors arrive. They are required to be in their assigned space and ready to sell no later than 9 a.m. Since vendors work from the backs of their vehicles, there is no need for off–loading.
* Saturdays: 6:30 a.m. and no earlier. Producers are required to be in their assigned space no later than 8 a.m. and ready for selling. For off-loading, enter open lot at Girod St. and leave at Magazine. Off-loading begins at 6:30 a.m. and finishes at 7 a.m. No vehicles are allowed on the lot after 7 a.m. at which point vendors are required to off-load from the indoor lot. No exceptions.
F. Selling Times:
* No selling to the general public shall begin before opening bell (9 a.m. on Tuesdays and 8 a.m. on Saturdays)
* Selling shall cease after the closing bell (1 p.m. on Tuesdays and 12 p.m. on Saturdays)
Vendors may sell to other market vendors before and after the bell
G. Clean up: All vendors shall clean up their areas at the end of each Market. All vendors shall load up their vehicles and shall be clear of the parking lot within 30 minutes of the closing bell. Vendors shall be responsible for the cleanliness of their selling areas. All vendors agree to bring a broom and trash can and keep the Market area free of any debris generated by the Market activity. Vendors shall not use public trash receptacles for disposal of produce boxes and unsold produce.
H. Sales Taxes and Permits: Each vendor is responsible for collecting his/her own sales taxes, where it is applicable. Farmers are exempt from collecting sales taxes. Value-added producers (for example, bakers) are required to collect sales taxes and submit to the City of New Orleans. Seafood vendors are required to have (and display) a current commercial fishermen license. Like farmers, fishers are exempt from collecting sales tax.
I. Miscellaneous: No firearms. No alcoholic beverages. No drugs. No pets, with the exception of seeing eye dogs.
III. Violations:
A. Any complaint against any vendor regarding the origination of their produce or goods, or any other matter, must be directed to the attention of the Market Manager in writing. Complaint resolution of matters of this nature is the responsibility of the Market Manager and the CCFM committee of marketumbrella.org. Together they shall determine, in their sole discretion, what type of investigation, if any, shall be conducted in response to written complaints; whether or not the written complaints shall be provided to the vendor against whom the complaint is directed; what type of response (written and oral) a vendor against whom a complaint is made shall be entitled to make; and, the time frame in which such a response shall be made.
B. It is within the sole discretion of the Market Manager to determine, if a vendor has violated any provision that undermines the smooth operations of the Market. Such violations may include, but are not limited to:
a. Arriving late: After the opening bell rings (Tuesdays 9 a.m., Saturdays 8 a.m.) Vendors must be at their table prepared to sell, so as to prevent disruptive carrying of products across the Market. The Market lot opens at 7 a.m. on Tuesdays, and 6:30 a.m. on Saturdays.
b. Not Showing up: Defined as not notifying the Market Manager (at least 24 hours prior to Market) that vendor is not coming to Market. The Market allows for "acts of God" (flat tire, equipment failure, weather, etc.). In those cases, the office phone's voice mail can be reached 24 hours at 504-495-1459.
c. Selling before the opening bell or after the closing bell.
d. Leaving before the closing bell.
e. Failing to pay for table rent. Vendors cannot return to the Market until payment is made.
f. Selling produce not grown by the vendor.
C. Violations are issued citations in the following manner:
a. First violation: Vendor receives written notification via the Market's system of color-coded enforcement postcards. These cards refer to a number of violations and/or queries from shoppers. These cards are meant to provide a paper trail for organizational transparency as well as an opening for discussion between vendor and Market Manager in a busy marketplace. It has long been the operating posture of the organization to not confront vendors within the market place as conflict does little to provide vendors and shoppers with a welcoming environment for animating public space and incubating businesses.
* Yellow cards address infractions recognized by the Market Manager: not conforming to food handling guidelines, not displaying prices, arriving late to Market, selling products not yet approved for sale.
* Green cards address questions raised by shoppers: products that appear not to conform to the "producer direct" rules of the Market (for instance, a field tomato that arrives at the Market in middle of winter, lettuce in the heat of summer, or a soft shell crab in winter).
* Pink cards address no-shows: For vendors who fail to show up on a reserved Market day will receive a card inquiring about their unexpected absence. Space is limited so we cannot afford to rent out empty spaces.
* Blue cards reflect helpful feedback from our "Mystery Chefs" and not any infraction of Market rules: In order to vendors in all categories with helpful feedback, the Market Manager asks an anonymous set of home and restaurant chefs to provide helpful feedback to vendors with products at both ends of the quality spectrum. We like to share the good news and the bad news.
* For vendors who either do not respond to these written communications from the Market management or continue to disregard the Market's rules, they are asked to meet with the CCFM's committee to discuss issues of consequence.
b. Citation Actions: Whether a first time or repeat vendor, the Market reserves the right to cancel the approval of any vendor's application at any time if and when it finds said vendor in violation of any of the aforementioned guidelines and eligibility requirements. The Market protects its brand integrity as a place of quality products offered by the producer themselves. If a vendor continues to prove that s/he cannot operate as a member of the Market community in good faith, then s/he will be asked to leave the Market.
IV. Finances
A. Rent Schedule: Rent from each approved vendor is reserved on a monthly basis and due to the Market Manager by the 25th of each month (in order to get the discounted rate). All reservations received after the 25th of the month fall into the day-stall rate and process. The Market needs a stable group of vendors to sell each and every Market. As a result, the it has devised a variable rental rate. The Market's variable rent rate is meant to reward vendors who make a greater time commitment to the Market's shoppers.
a. Rent can be paid in the following two ways:
* Reserve a Market stall a month at a time. We provide each vendor with a book of reservation forms for prepayment. Most vendors pay rent in the Market's wooden tokens. For these advance reservations, payment must be in the hands of the Market Manager by the 25th of the previous month. Each stall is $20/day.
* Reserve a day-stall: For those vendors for whom they cannot commit a month out, we often have a few slots left open for "day vendors." It's not a sure thing, but if we can fit you, we will. Here's how it works. Each vendor is given a book of day-stall forms. The rate is higher ($25/day). The vendor must telephone or email the Market Manager to confirm attendance at least 24 hours prior to Market day. Vendor must arrive at the Market with the day-stall form filled out and payment in hand prior to the ringing of the opening bell.
b. Cancellation Policy: Vendors who consistently fail to show up for reserved/paid Market stalls, will be asked to reconsider whether the Market is for them. We cannot keep spaces open, unused while prospsective vendors are clawing to get in, to develop their businesses. Unlike in the past, we can no longer credit vendors for missed days. All sales are final.
B. Token System
The Crescent City Farmers Market uses a wooden token system to facilitate digital card use at our markets and generate more wealth for our local farmers. For consistency and convenience of our shoppers, all vendors at the Crescent City Farmers Market are required to accept all wooden tokens. Tokens will be collected twice monthly and reimbursements will be sent by check to each vendor by marketumbrella.org. Currencies accepted at the welcome tent and converted into wooden tokens include Credit, Debit and Electronic Benefit Transfer cards. Training on restrictions and the rules and regulations of the tokens occurs at orientation.
C. SNAP/Farmers Market Nutrition Program
The United States Department of Agriculture manages several programs that benefit local farmers including the Supplemental Nutrition Assistance Program (SNAP) and the Farmers Market Nutrition Program (FMNP) for Seniors and recipients of the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). The Crescent City Farmers Market works to facilitate these programs for the benefit of both vendors and shoppers. Vendors are required to accept SNAP/EBT tokens to be reimbursed by marketumbrella.org twice monthly. Eligible vendors are encouraged to apply to the USDA’s Farmers Market Nutrition Program.
D. W-9 Form
Due to tax liability of marketumbrella.org for managing the wooden token system, W-9 forms will be required from each vendor at the CCFM to verify tax-identification numbers or social security numbers where applicable. This information is confidential and is used only for token reimbursements.
E. Taxes and Permits
Each vendor is responsible for collecting sales taxes, where it is applicable. Farmers are exempt from collecting sales taxes. Value-added producers (for example, bakers) are required to collect sales taxes and submit to the City of New Orleans. Seafood vendors are required to have (and display) a current commercial fishermen license. Like farmers, fishers are exempt from collecting sales tax. Vendors are responsible to report their income pay their taxes according to local, state and federal guidelines.
Modifications:
The CCFM committee of marketumbrella.org reserves the right to revise the Crescent City Farmers Market rules and regulations at any time they deem appropriate.