Farmers Market Committee Meeting

City of Dripping Springs Farmers Market Association Board Meeting Agenda Friday, April 7, 2017 at 9:00 AM City Hall, 511 Mercer Street, Dripping Springs, Texas I. CALL TO ORDER AND ROLL CALL COMMISSION: Gouri Johannsen - Chair Diana Black Claudia Oney Marianne Simmons - Vice Chair Gary Gilstrap Charissa Giles Aimee Mick - Secretary Teresa Strube Market Manager: Laurel Robertson II. PRESENTATION BY CITIZENS Floor open to discussion on any subject. No action may be taken by law. Citizens wishing to speak shall do so after being recognized by the Chair. The Chair may establish a time limit on each citizen wishing to speak. III. RULES AND REGULATIONS SUBCOMMITTEE Discussion and possible action regarding: A. Dripping Springs Farmers Market Rules and Regulation Revisions Update 2 IV. OTHER BUSINESS Consideration and Possible Action On: A. New Vendor Applications 1. Nuluv Goat Milk Products 22 V. ANNOUNCEMENTS A. Farmers Market Commission Regular meeting, April 20, 2017 REMINDER: Agenda captions DUE April 13, 2017 B. Next Farmers Market Board Meeting, May 18, 2017 at 10:00 a.m. REMINDER: Agenda Captions & Materials Due: May 12, 2017 VI. ADJOURN All agenda items listed above are eligible for discussion and action unless otherwise specifically noted. Notice is posted in accordance with Chapter 551, Government Code, Vernon’s Texas Codes, Annotated. I certify that the above notice of meeting was posted at City of Dripping Springs City Hall and website, www.cityofdrippingsprings.com on the 4th day of April of 2017. ____________________________________________ Angelica Reyes, City Secretary This facility is wheelchair accessible. Accessible parking spaces are available. Requests for auxiliary aids and services must be made 48 hours prior to this meeting by calling (512) 858-4725. Rules and Regulations for Market Operations draft revision 3/14/2017 I. Introduction The City of Dripping Springs believes that local agriculture is essential to the region’s economy and is committed to making economic and educational connections between residents and local agricultural producers through the Dripping Springs Farmers Market (the “Market”). The Market is a Texas Department of Agriculture certified farmers’ market and operates in accordance with all city, county, state and federal laws, for the benefit of Vendors and customers alike. The Mission of the Market is to provide a community gathering place where: Local agricultural and value-added product producers sell a variety of fresh agricultural and related products directly to the consumer; Consumers may learn the uses and benefits of quality, locally grown or prepared food products and access local services and hand-made crafts as provided in the Market’s rules. The purpose of these rules is to govern the operation, administration and management of the Market. In issuing rules, we hope to ensure the smooth operation of the Market. II. Definitions Approved Product/Service: a product or service that has been approved for sale or advertisement by the Market Board or the Market Manager and that furthers the Market’s mission. Agent: a representative of a producer who is authorized by the Producer to sell for the Producer at the Market, such as a family member or employee. Board of Directors (or Board): the volunteer Dripping Springs Farmers Market Association Board of Directors. 2 Booth Space: 10’ x 10’ space. Craft Vendor: a person who creates a hand-made craft to sell at the Market. Holiday Vendor: Market Vendors who participate in the market during the November to December period. Local Product: any product grown or produced within 150 miles of downtown Dripping Springs. Market Manager: The City of Dripping Springs employee(s) designated, contracted or appointed by the City Administrator to supervise the operations of the Market. Producer: a person who produces any item outlined in section VI A, “What Can Be Sold.” Service Provider: a person or organization providing a service for hire or advertising a product for sale. Specialty Vendor: a person who is a direct agent of a producer or harvester of items that are not usually available within the 150-mile radius. Example: Gulf shrimp or maple syrup Special Event Participant: is a for-profit or non-profit individual or organization desiring to participate in the market on a limited basis for the purpose of providing a demonstration, presentation, educational information, promotion, or to sell an item. Value-Added Product: an item made from raw agricultural product to which some value has been added through preparing, cooking, blending, packaging, or other method. Such item may be edible, like jalapeno jelly, or inedible, like a wreath from dried okra pods. Vendor: an approved seller at the Market. Farmers: growers of vegetables, herbs, fruits, nuts, mushrooms, cactus, nursery products, grains, pulses, flowers and other horticultural crops. 3 Ranchers: producers of animal-based products, including meat, eggs and dairy products Other Producers: producers of other raw, unprocessed products that are grown or raised on a farm or ranch or wild-harvested in accordance with relevant regulations, to include honey, seafood and foraged foods, feral animals. III. Market Participation Instructions Participation in the Market is by application only. The Board has primary responsibility to coordinate Market participation. The Board has delegated authority to the Market Manager as outlined in these Rules and Regulations. A. Vendor Participation The emphasis of the Market is on farm products and prepared foods, and priority will be given to those Vendors for admission to the Market. A. 1.Vendors are Participants Who May Sell, and include: a. Farmers, Ranchers, Fishers b. Value Added Producers c. Ready-to-eat Producers and Bakers d. Specialty Vendors e. Artists and Craftspeople f. Service Providers g. Special Event Participants 2. To become a Vendor at the Market, an applicant must: a. Grow or produce a product, or offer a service that: i. is within a 150-mile radius of downtown Dripping Springs; ii. furthers the mission of the market. b. Read the Market Rules & Regulations 4  c. Submit the appropriate Vendor Participation Application and receive approval before attending the Market as a vendor. d. Submit an annual application non-refundable fee; e. Sign, and have all selling Agents sign, the Important Market Rules f. Allow approved representatives of the Market to inspect your operation, if applicable. g. Be approved as a vendor. 3. Vendor Participation Application: a. Potential Vendors, after reviewing the Rules and Regulations, must submit the completed, signed application, and required documentation to the Market Manager *time?_______________prior to participating in the Market. b. The Board will review applications for compliance with Market Rules and Regulations and determine the appropriateness of the applicant’s participation based on: i. Compliance with the mission of the Market; ii. The ongoing need for Market growth; iii. Perceived or expressed customer demand; iv. Current supply of identical or similar products; v. The Producer’s history with the Market; vi. Current Market conditions. The Board has delegated authority to the Market Manager to review and approve, under the stated criteria, applications requiring action before its next scheduled meeting. The Board retains final authority for all actions regarding applications. 5 Applications will be approved or denied based on the criteria set forth above. The Board may also approve or deny individual products on an application, in which case the Vendor may sell only the approved products. The Market Manager maintains wait lists for the Market. B. Attendees Wishing to Disseminate Information To ensure that the Market remains an enjoyable, safe public arena, to maintain the peace and order of the Market, and to ensure that the mission of the Market is not hindered, those who attend the Market and plan to disseminate information that is not in the furtherance of the mission of the Market must: 1. Disseminate the information from an area designated by the Market Manager; 2. Refrain from directly approaching any individual; 3. Not impede pedestrian or vehicular traffic, or unreasonably disrupt regular or authorized activities in the Market; 4. Conduct activities at a volume which does not unreasonably disrupt the normal operations of the Market; and 5. Complete an Application to Disseminate Information, which must be completed at least one week prior to the Market date. 6. Do we want to define the frequency for this activity? IV. Fees Vendors must comply with the fee structure outlined in the current application found at www.cityofdrippingsprings.com ! 6 V. General Rules A. What Can Be Sold 1. Edible Vegetation Products a. Products allowed for sale include: i. any vegetable or grain grown by the Vendor from seeds, sets, or seedlings; ii. any fruits, nuts or berries grown by the Vendor; iii. any plant grown by the Vendor from seed, seedling, transplant or cutting: iv. bulbs propagated by the Vendor; vi. sprouted seeds and grains; vii. mushrooms produced and cultivated by the Vendor. 2. Animal Products Products allowed for sale include: a. meat raised by the Vendor, including meat from: cattle, poultry, swine and sheep; b. dairy products; c. eggs from Vendor’s poultry ; d. honey produced from Vendor’s bees. e. Fish permissible for sale may include wild or aquaponically harvested fish or seafood that is sold fresh or frozen from the Texas coast All legal & ecological regulations must be met. 3. Flowers and Nursery Products Vendors are permitted to sell plants and trees, fresh and dried flowers, herbs and decorative vegetation grown by them. Purchased nursery stock must be repotted and grown for a minimum of two weeks before being sold. The potted products must be fully rooted in order to be sold. 7 4.Value-Added Products Value-Added Products are items made from a raw agricultural product to which value has been added by the Vendor through preparing, cooking, blending, drying, packaging, or other method. Value-Added Products may include, but are not limited to: a. dried herbs & spices; b. beans & grains; c. shelled nuts including salted, roasted, flavored and blended; d. dried flower arrangements and wreaths produced solely by the Vendor; e. jams, jellies & preserves; f. oils & vinegars; g. salsas, sauces & pestos; h. tofu products; i. baked goods; j. fermented foods; k. herbal products including salves, lotions, soaps, teas, etc.; l. other products consistent with the mission and goals of DSFM. Preference will be given to products that contain local or Texas-grown ingredients. ! Co-packed products are items that are prepared, packaged and/or labeled by another entity using a recipe supplied by the Vendor and/or products from the Vendors farm or ranch. Co-packed items will be allowed only if made substantially from a farmers or ranchers own products. ! 8 Value-Added and ready-to-eat products must be processed and packaged by the vendor in their own facility, or created and developed by the vendor and produced in a processing facility under the direction of the vendor. 5. Ready-to-Eat Products Ready-to-eat products will be selected by the Board taking into account the number of similar products already at the Market and the ability of the Vendor to supply the product to the consumers. All menus must be clearly marked as to price and type. All products are subject to and must meet all legal requirements of local, county and state health regulatory agencies. 6. Arts & Crafts All crafts and artwork must be crafted / vs. handmade by the Vendor. ! 7. Educational, product-related, and promotional materials and merchandise, must be listed on the Participation Application and be approved for sale: a. Vendors may sell merchandise that complements and may be directly used with their grown or handmade products. Such items may include culinary utensils, gardening items, product dispensers, etc. For instance, a soap Vendor may sell soap dishes. b. Vendors may also sell books/booklets/other printed material that complement their product so long as such materials meet the Board’s approval as educational material. c. Chefs and other special event participants may sell books that they have authored or other merchandise with Board approval. d. Vendors may sell promotional materials such as t-shirts, aprons, hats, etc. only if the merchandise is promoting their Market- related business. e. The Board or their representatives may sell Market-related merchandise. ! 9 8. Services Services may be sold and/or advertised for sale if they are determined by the Board to be aligned with the Market’s mission. B. Products from outside of the 150-mile range from the Market and Specialty Vendors In the instance where an agricultural product, or a rare specialty product, is produced outside the Market’s 150-mile boundary, the Board shall review and may approve exceptions. Such products will be considered if they are not in competition with what is currently being provided at the Market from Vendors within the 150-mile range. Vendors in this category still need to grow or produce what they sell, complete the application, allow inspection, and pay appropriate fees. Wild fish (from the Texas Gulf coast or Texas lakes) and feral animals harvested within Texas and slaughtered under all applicable regulations may be considered for approval. Vendors of these products must be in compliance with all federal, state and local regulations and provide photocopies of all relevant permits. Such Vendors must / shall be approved by the Board. C. Reselling Vendors may sell only produce and animal products and crafts that they have grown, raised, or made. Reselling of products grown or produced by others is NOT permitted unless: 1. A complete Vendor application has been filed by the Producer and approved by the Board or Market Manager; 2. The Application fee has been paid; 3. The Producer has designated another Vendor in good standing to sell the products. 4. The products are clearly labeled as to which Vendor produced them. 10 Any Producer who is found in violation of the reselling rule will be subject to the penalties spelled out in the section V.II.A of the Market Rules and Regulations. D. CSA Sales CSA is community supported agriculture, whereby customers pre-pay for a regular delivery of a share in the farmers production. DSFM allows CSA distributions at our Market. Items included in CSA shares, including agricultural products or value-added items, must be produced by the vendor or obtained from another DSFM Market vendor, such as eggs. ! E. Permits and Licenses All Vendors must obtain any and all required permits and licenses required by the State of Texas and Hays County to sell each product. Knowledge and receipt of the required permits and licenses is the responsibility of the Vendor. The Market is not responsible for any Vendors who sell products at the Market without first receiving the required permits and licenses. F. Inspections All Vendors must agree to and assist in the inspection of their operations by representatives of the Market at any time and multiple times if necessary. For inspections greater than 50 miles from Dripping Springs, the applicant may be charged a mileage fee. G. Product Approval Prior to Sales All products offered for sale at the Market must be listed on the Vendor’s application and approved for sale prior to each Vendor offering for sale. Current Market Vendors who wish to introduce a new product that is not listed on the originally approved application must notify the Market Manager in writing of the new product with a complete description prior and must receive approval prior to offering the product for sale. The Market Manager has the authority to approve new product or submit to the Board for approval. 11 The Board or Market Manager may reject a product that does not fit within the mission of the Market. H. Food Safety The Vendor must meet all requirements of City, County, State and Federal health authorities. Sampling is allowed, following all requirements in DSFM Food Sampling Rules document. <this is where we stopped last time> I. Quality Control All Vendors will be subject to inspection by the Market Manager prior to selling. Vendors will be asked to give refunds to customers that are dissatisfied with products they have purchased. Vendors will be asked to remove certain products from their displays if deemed inappropriate substandard? by the Market Manager. Products that are cosmetically inferior or bruised may be sold as ‘seconds’ and must be labeled appropriately. J. Honest Product Representation All Vendors must represent their products in an honest manner, whether written or verbal. K. Organic Labeling All items sold as organic must meet the requirements of the National Organic Program. Vendors of the organic items must have a copy of their certification on file with the Market Manager as well as with them when selling at the Market. Only certified organic growers may display signs using the words “certified organic.” Other producers that are not certified organic are welcome to inform consumers about their growing practices but cannot, by law, mention or post the word “organic”. ! 12 L. Dumping ****?? The policy of the Market is to prevent “dumping” of any given crop that is overabundant in the Market. Dumping is the sale or likely sale of goods at less than fair value. Because dumping has an actual and potential negative effect on the development and existing production of farmers, on the economic return on investment that is anticipated by farmers, and also carries with it potential declines in sales and profits, dumping is prohibited at the Market. It will be determined on a case by case basis by the Market Manager, with input by the Board, if dumping is occurring and the Vendor will be asked to cease the selling of goods at less than fair value and to readjust their prices to what is considered normal value at that time in the Market for that particular crop (especially a price that is above the cost of production.) M. Prepackaging All closed consumer containers shall be labeled with the following: quantity or weight of the contents, the name and address of the producer and a list of all the ingredients, with the highest proportion ingredients listed first in descending order. N. Scales All agricultural products sold by weight shall be weighed by an approved, tested and sealed scale. The weighing device must be positioned so that the weight is visible to the customer. O. Insured/Indemnity Agreement As a condition of selling, all Vendors are required to either a) name the City as an additional insured on their general product liability policy or b) sign the attached Indemnity Agreement. By applying to sell at the Market, the Vendor is agreeing to these conditions. ! ! 13 P. Sales Tax Identification Number All Vendors who collect sales and use tax must possess a valid Sales Tax Identification Number issued by the State of Texas. Q. Live Animals No live animals may be sold or given away at the Market. ! VI. Market Operations A. Market Schedule 1. The Market Schedule – Season, Hours and Location are determined by the Board. The schedule will be maintained on the Market website and fliers. 2. Duration of Market Vendor Admission: a. Admission is on a year-by-year basis, as determined by the Market Board. There will be an annual re-evaluation of every Market participant. b. Market participants will be notified of invitation or exclusion in the next succeeding year. However, the Market Management may give earlier notification to any Market participant if it is decided at any earlier date that this participant will not be invited to return. B. Opening Bell 1. All Vendors must wait for the opening bell to commence sales to the public. Vendors may begin selling prior to the official opening hour, only at the Market Manager’s discretion. 2. Exceptions: Vendors may: i. Prepare Community Supported Agriculture shares for pick up at the Market; 14 ii. Set aside a restaurant or commercial order for pick up at the Market; iii. Sell products to another producer or producers’ employees 15 minutes prior to the opening; iv. Pre-bag a set amount of produce, e.g. 1 pound bags of tomatoes; v. Sell to people using wheelchairs, walkers or other means of facilitating their travel through the Market fifteen minutes before the bell. C. Booths 1. The vending booth spaces are 10’ wide and 10’ deep. This space is the working area, where tables and produce displays will be set up for the customers, and includes back-stock storage area. Vendors must conduct their business within this area. 2. There may/will be a designated truck vending area for Vendors (i.e. food trailers) that require to sell from their trucks. D. Safety around Selling Area 1. Tents, signs and posts must be adequately tied and weighted down. Under adverse weather conditions, vendors should put up and take down tents with a minimum of two people. Tables and products must not encroach upon customer aisles. A pre-determined fire lane must be maintained. Product space must occur from assigned space only, non in the customer aisle. 2. Vehicles must be kept within assigned Vendor parking spaces. The loading and unloading zone should not be used for Vendor Parking. 3. Vendors cooking food on site must have their own 2A10BC fire extinguisher. If using a deep fryer, must have a Class K extinguisher. ! 4. Vendors are expected to provide trash receptacles when offering samples. Market trash containers are for customers; Vendors are expected to pack out their own trash at the end of Market. ! 5. Fire-arms: City policy? 15 E. Professional Manner All Vendors must conduct themselves in a courteous and professional manner at all times, including during set-up, sales and break down. Vendors must treat customers, staff and volunteers of the Board and fellow Vendors with respect and refrain from the use of profanity. F. Noise No loud, aggressive promotion is allowed. G. Smoking No smoking is allowed at the Market. Smoking is allowed only in the parking lot. H. Illegal Drugs No consumption of illegal drugs is allowed on site during Market hours, including set up and breakdown. I. Pets Leashed dogs are allowed at the Market. Seeing-eye dogs or living assistance dogs are also allowed. Dog-owners are required to collect and properly dispose of waste. J. Reservations and Cancellations Customers expect consistency in what products are offered at the Market, as do other Vendors. All Vendors have a responsibility to participate fully in the Market. For that reason, all Vendors are expected to attend each Market. Vendors are responsible for booth fee(s) unless prior arrangements are made for absence(s). Vendors must notify the Market Manager that they are not attending by 2:00 pm on the Tuesday prior to the Market. Vendors failing to notify by the 2:00 pm deadline or failing to show up will be levied a penalty. Vendors who arrange an absence before the Tuesday deadline will not be 16 levied a fine or penalty. The Market Management assigns spaces for the Vendors. more detail? K. Early Departure Vendors are expected to stay for the entire Market duration. If a Vendor absolutely needs to leave, he/she is required to notify the Market Manager and a decision will be made at that time if a safe departure is feasible. If leaving, the Vendor must be escorted from the Market by the Manager or other staff. OR Vendor departure must be monitored… L. Departure All Vendors must vacate the street and park vending areas within one hour after the Market. M. Cleanliness and Cleanup All food must be stored and displayed in a clean and sanitary condition. Every booth selling ready-to-eat or prepared food shall have a clean trash box in front of their booths for public use. All Vendors are required to clean up their own produce refuse, packaging material and any debris in their booth and selling area and take with them off-site. During the Market hours, Vendors must continuously monitor the debris around their selling area and pick up any trash and keep their area clean. N. Weather Vendors should be prepared for all types of weather, including cover for rain or sun and weights for winds. No refunds or decrease in booth fees will be given because of inclement weather or lack of business due to weather. Market reserves right to cancel due to dangerous weather conditions (e.g., high winds, hail, lightning). ! ! 17 O. Participation / Market Cancellation Market reserves right to cancel Market if less than required minimum of Vendors are participating. VII. Non Compliance, Penalties and Appeals A. Violations Violations of Market rules may result in disciplinary actions by the Market Manager. Violations will be reviewed by the Market Manager for an assessment of a $15 fine per violation or possible expulsion from the Market. Violations include: 1. No show without notification (to cancel)? 2. Selling products that are not pre-approved by management 3. Failure to tie down and secure tents, shades and posts 4. Non-compliance with local health department regulations and labeling 5. Arriving late or leaving prior to approved departure time 6. Parking violation 7. Any other violation of the Market Rules 8. Required permits and/or certifications not on hand. B. Reselling at the Market Reselling of products grown or produced by others is NOT permitted unless a Vendor has been appointed as an Agent for another Producer (see V C. E). Written Notice: The Market will send written notice to any Vendor under investigation for reselling. Vendors under investigation may continue to sell at the Market without the products in question. Representatives of the Market may inspect the farm of any Vendor under investigation. If the Market Manager determines that any Vendor has violated the restriction against reselling at the Market, the Market Manager in its sole discretion may (i) impose a fine of $25 against such Vendor and (ii) expel such Vendor from the Market. If the Market receives written notice from any Vendor complaining that another Vendor is reselling, the Market shall initiate an investigation into 18 such a complaint. If the complaint results in a false claim, the claimant will pay $25 enough? to help recoup the cost of the farm inspection. C. Fines Fines that are levied must be paid prior to re-entering the Market for selling. D. Appeals Any Vendor aggrieved by the Market Manager’s decision may appeal for review by the Board. An oral request for review must be followed up immediately by a written request. The Board of Directors may refuse or agree to review, and may uphold, modify, or vacate a Manager’s decision. They must respond to the Vendor within two weeks of their intent to review or not review and they must make a decision in writing in three (3) weeks of the appeal. The decision shall be final. ! VIII. Governance of the Market A. Market Board 1. The Market Board governs the Market, with input from the City. 2. The Market Board will visit and inspect vendors’ production and operations, if necessary. 3. The Market Board will promote the Market through paid and free media outlets and media including public service announcements, media sponsorships and media relations, merchandising and special events. B. Market Manager 1. The Market Manager shall manage the Market and oversee its operating Rules and Regulations. 2. The Market Manager assigns Vendors to their booth spaces. 19 3. The Market Manager is appointed by the City Administrator. 4. The Market Manager maintains order at the Market. 5. The Market Manager and staff, with volunteers, will set up the market signs, tents and other necessary equipment. 6. The Market Manager ensures the smooth placement of all Market participants in their assigned booth areas or other locations. 7. The Market Manager and staff coordinate the efforts of the volunteers and supporters of the Market who participate in Market educational and entertainment activities including the chef’s demonstrations, the information booth, Market tours, children’s activities, music, and programming during off-market hours. The Market Manager will maintain current and accurate records of each Vendor. The Market Manager and staff will collect the fees from the Vendors weekly and create financial reports for the Board. 8. The Market Manager is responsible to interpret, implement and enforce all rules and regulations pertaining to the running of the Market in a fair and equitable manner. 9. The Market Manager has the authority to issue warnings and take appropriate action against participants who violate these rules and other applicable regulations and laws. The Market Manager has the power to immediately suspend or remove any Vendor or product for any health, safety, and liability risks caused by any single violation. C. Amendments The Market Rules may only be amended with the approval of a majority of the Board of Directors. ! ! ! 20 Things we have not mentioned: non-profit participants defined, etc collecting sales data musicians, entertainment (they have an ‘application’) Cottage Foods Law Egg Law 21 22 23 24 25 26 27 28 29 30 31 32 33