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I have read the Rules and Regulations and if, I participate in Burlingame's Fresh Market, I agree to conduct my business accordingly. |
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I. Intent and Implementation
The purposes of these rules are to govern the operation, administration and management of The Fresh Market — Burlingame under the control of The Burlingame Chamber of Commerce.
The Burlingame Chamber of Commerce and its designated agents will implement and enforce all rules and regulations pertaining to the operation of The Fresh Market — Burlingame in a fair and equitable manner.
II. State Regulations
The regulations of the California Department of Food and Agriculture pertaining to Direct Marketing (Article 6.5, Group 4, Subchapter 1, Chapter 3, Title 3 of the California Administrative Code) are hereby incorporated by reference to be part of these rules.
Specifically restated are the following provisions of such regulations:
A. Producers of fresh fruits, nuts, vegetables, shell eggs, honey, flowers, and nursery stock must obtain a Certified Producer’s Certificate prior to selling such commodities at a Certified Farmer’s Market. Such commodities must have been produced by the practice of the agriculture arts upon land which the producer farms and owns, rents, leases or sharecrops.
B. Fresh fruits, nuts and vegetables listed on a producer’s certificate may be sold directly to consumers exempt from size, standard pack, container, and labeling requirements with the exception that all prepackaged closed consumer containers of agricultural products shall be labeled with the name, address and zip code of the producer and a declaration of identity and net quantity of the commodity in the package. However, a package containing 6 or less items which are fully visible does not need a statement of count.
C. All agricultural products sold at The Fresh Market — Burlingame shall comply with the regulations of the California code governing maturity and quality.
D. All agricultural products, other than exempt fresh fruits, nuts and vegetables, which are sold at The Fresh Market — Burlingame must comply with all applicable laws pertaining to their grading and labeling.
E. All agricultural products sold at The Fresh Market — Burlingame are subject to the provisions of federal marketing orders, state marketing orders, state laws and regulations enforced by any state agency, or any other local health and safety laws, regulations or ordinances.
F. All agricultural products, including fresh fruits, nuts and vegetables, sold for the purpose of commercial resale must be in compliance with all applicable size, standard pack, containers and labeling requirements of state laws and regulations.
G. Only the producer or the producer’s parents, children, grandparents and grandchildren or a relative regularly residing in the producer’s household or an employee of the producer may sell the producer’s products at The Fresh Market — Burlingame. An employee is a person employed by the producer at a regular salary or wage, on either a full- or part-time basis. It does not include a person who is reselling or whose compensation is primarily based on a commission of sales.
H. The certified producer’s embossed photocopy certificate must accompany the certified agricultural products during transportation and must be conspicuously posted at the point of sale. Any certified producer who has not paid the required State or county certificate fees will not be allowed to sell in the certified farmers’ market.
I. When any agricultural product is sold by weight, the type of scale used shall be approved, tested and sealed by the County Agricultural Commissioner, Sealer of Weights and Measures.
J. When a producer has been granted by The Fresh Market — Burlingame the privilege of selling for up to two other certified producers, it must be under the following conditions:
(1) The agricultural products shall be separated at the stand and clearly identifiable by the respective certificates.
(2) The producer selling for the other producers must also sell or offer for sale agricultural products which the producer selling has produced.
(3) Prior to sale, the producer selling has furnished a written letter from the additional producer(s) which verifies the selling producer’s authority to sell their product on their behalf.
K. A producer shall provide, upon request by an enforcing officer or market manager, any certificate, documentation, information or identification that may be reasonably required to show that the conditions of the regulations are being met.
L. When selling at the markets the producer and the producer’s agricultural products shall comply with all applicable requirements of the California Uniform Retail Food Facilities Law and the California Sherman Food, Drug and Cosmetic Law specifically:
(1) All produce and containers of produce must be kept at least 6 inches above the ground.
(2) Food preparation (except trimming) is prohibited.
(3) Processed foods must be processed in an approved facility and properly packaged and labeled under clean and sanitary conditions.
(4) Dried fruit and shelled nuts sold in an unpackaged bulk form must be displayed with a cover and conform to dispensing methods approved by the local health department.
(5) No live animals, birds or fowl may be kept or allowed within 20 feet of any area where food is stored or held for sale.
(6) Vendors selling nonagricultural food products are required to have a valid permit from the local jurisdiction and are not considered part of The Fresh Market — Burlingame.
(7) All products sold as organic must be grown, produced, or processed in accordance with the Health and Safety Code. Products must be prominently labeled or represented "Organically grown in accordance with the California Organic Foods Act of 1990."
(8) Smoking is not permitted in produce display and immediate sales area.
(9) If the local health authority approves, distribution of samples in a manner which will ensure safe, unadulterated samples for the public may be allowable. In such regard the following are suggested guidelines:
(a) Keep samples in clean covered containers approved by the local health agency.
(b) Use toothpicks or disposable utensils to distribute the samples.
(c) Dispose of pits, peels, food waste and rubbish in leakproof garbage receptacles with close-fitting lids.
(d) Use clean disposable plastic gloves when cutting produce for samples.
(e) Produce intended for sampling must be washed and cleaned so as to be wholesome and safe for consumption.
(f) Utensils and cutting surfaces must be washed and sanitized (use a chlorine solution of one teaspoon or capful of liquid bleach per gallon of water).
(g) Cutting surfaces must be smooth, non-absorbent and easily cleanable.
III. Admission of a producer to The Fresh Market — Burlingame
Admission to sell at The Fresh Market — Burlingame’s Certified Farmer’s Market section shall be at the reasoned discretion of the market manager. In making any recommendation to the Board of Directors of the Burlingame Chamber of Commerce in this regard, the manager shall consider the following:
A. Producer’s positive or negative history of compliance with state, local government and market rules and regulations.
B. Producer’s history of market participation. When practical, significant weight, priority, and preference will be given to member growers returning from previous seasons.
C. The competitive availability and number of sellers of producer’s product present within the market. If practical, monopolies and surfeits (gluts) should be avoided.
D. Whether the present number of sellers of producer’s product are adequately supplying consumer demand.
E. The number of unreserved spaces and other limitations.
Admission of a producer may be conditioned by period of attendance time and type of product allowed limitations.
Any producer aggrieved by the manager’s recommendation may appeal for review by the Board of the Directors of the Burlingame Chamber of Commerce. The Directors may refuse to review, agree to review, and may uphold, modify or vacate the manager’s recommendation. All decisions by the Burlingame Chamber of Commerce Board of Directors are final.
IV. Admission of products to The Fresh Market — Burlingame
Fresh fruits, nuts, vegetables, shell eggs, honey, flowers and nursery stock listed on a producer’s certificate may be sold at The Fresh Market — Burlingame. Additional authorized agricultural, processed agricultural or nonagricultural products may be specifically listed in this section. There shall be a clear demarcation between the Certified Farmer’s Market section and the Retail section of The Fresh Market — Burlingame.
Admission of any agricultural or processed agricultural product to the Certified Farmer’s Market section or nonagricultural product to the Retail Section of The Fresh Market — Burlingame shall be at the reasoned discretion of the market manager. In making any determination in this regard, the market manager shall consider the following:
A. Producer’s history of selling such product at The Fresh Market — Burlingame. When practical, significant weight and preference should be given to products sold by producer in previous seasons.
B. The present competitive availability (number of sellers) of producer’s product at The Fresh Market — Burlingame. If practical, monopolies and surfeits (gluts) should be avoided.
C. Whether the present sellers of producer’s product are adequately supplying consumer demand.
D. The type and relative quality of the product intended to be offered for sale by the producer. Field run produce shall be encouraged. Culls or lowest grade only sales shall be discouraged and may be prohibited.
Admission of a product to be sold by a particular producer may be conditioned by period of sale, location of sale, variety, quality and other general or specific limitations.
Any producer aggrieved by the manager’s decision may appeal for review by the Board of Directors of the Burlingame Chamber of Commerce. Decisions by the Chamber are final.
Additional authorized nonprocessed agricultural products which may, under stated conditions, be admitted by the market manager for sale with The Fresh Market — Burlingame are:
(1) Fresh herbs and species.
(2) Fish raised in California controlled waters.
All such products must have been produced by the producer by the practice of the agricultural arts upon land which the producer farms and owns, rents, leases, or sharecrops.
Producers wishing to sell a nonprocessed agricultural product other than those listed immediately above must submit a written application for approval to the Board of Directors of the Burlingame Chamber of Commerce.
Additional authorized processed agricultural products which may, under stated conditions, be admitted by the market manager for sale within The Fresh Market — Burlingame are:
(1) Dried beans, grains, fruits, nuts, and vegetables listed on producer’s certificate.
(2) Shelled nuts, including those which have been roasted, salted or flavored, but not candied, coated or covered.
(3) Dried herbs and spices.
(4) Fresh orange juice.
(5) Flower arrangements and wreaths.
All such products must have been produced by the producer by the practice of the agricultural arts upon land which the producer farms and owns, rents, leases, or sharecrops.
All processed certifiable agricultural products must have and be accompanied by a verifiable listing of the fresh product a producer’s certificate of the producer selling.
Seller must be able to show location and capability of processing or, if processing is done by a second party, the method used to insure that the processed product returned is the original product submitted by the producer for processing. Receipts, volume data, and letters verifying methodology may be requested or required.
Seller must show that all processing was accomplished under safe and sanitary conditions and, if applicable, obtain, furnish and display any and all health permits necessary.
Producers wishing to sell a processed agricultural product other than those listed immediately above must submit a written application for approval to the Burlingame Chamber of Commerce Board of Directors.
V. Assignment of selling space
The producer’s location, space size and other factors of assignment of selling space within The Fresh Market — Burlingame shall be at the reasoned discretion of the market manager. In making any determination in this regard, the market manager shall consider the following:
A. The maintenance of present and past consumer-producer relationships.
B. The maintenance of good product mix and consumer traffic flow.
C. The principles of good market and product promotion.
Any producer aggrieved by the manager’s decision may appeal for review by the Board of Directors of the Burlingame Chamber of Commerce. All decisions by the Board of Directors of the Chamber of Commerce are final.
VI. Discipline or removal of a producer from The Fresh Market — Burlingame
A producer may be removed or suspended from The Fresh Market — Burlingame or have selling privileges conditioned, modified or limited by the market manager for any of the following reasons:
A. Failure to obey and conform to state, local government or market rules and regulations.
B. Causing or maintaining an unsafe or unsanitary condition at the market.
C. Unreasonable or outrageous conduct considered detrimental to the welfare of the market.
D. Failure to attend at a previously reserved market space without adequate prior notification.
E. The occurrence of any condition or limitation which was placed on the admission of the producer or the producer’s product to the market.
The severity of any penalty or discipline imposed by the market manager shall be directly related to the gravity or repetition of the violation.
The producer is responsible for the actions of the producer’s representatives, employees or agents.
If possible and reasonable under the circumstances, a market manager must attempt to give adequate warning and notice of consequential action prior to the actual action of removal or other disciplinary action.
Any producer removed or disciplined by the action of the market manager in regard to reasons A, B, C, or D shall have the right of appeal and review at an emergency session by the Executive Board of the Burlingame Chamber of Commerce to be conducted, if possible, within three (3) days of receiving a written request for such emergency review session from the aggrieved producer. Such written request shall be made within thirty (30) days from the date of the removal or disciplinary action or the right to the emergency session shall be considered waived. The appeal for review may then be made as an agenda item at a regular meeting of the Board of Directors of the Burlingame Chamber of Commerce.
Any producer aggrieved by the action of the market manager as a result of reason E may appeal for review by the Board of Directors of the Burlingame Chamber of Commerce.
The Board of Directors of the Burlingame Chamber of Commerce may uphold, modify or vacate any decision by the market manager. The decision by the Board of Directors of the Chamber of Commerce in regard to all above matters shall be considered final.
VII. Other Market Rules, Policies and Requirements
A. Product Limitations. Only California-grown produce may be sold in The Fresh Market — Burlingame. Sales of out-of-season (California) produce are allowable only to the extent of their reasonable and normal storage life or upon proof that such produce was produced by producer in greenhouse facilities operated by such producer. With noted exceptions, cucumbers, eggplants, tomatoes, peppers and other produce subject to frost damage may not be sold from January 1 through April 30. Dry onions may not be sold from March 1 through April 15. Russet potatoes grown in the Central Valley may not be sold after February 1 until new potatoes are harvested.
B. Certificates. Producer certificates with two or more names listed as producer must provide acknowledged evidence of partnership or other legitimate business agreement.
C. Food Coupons. The Fresh Market — Burlingame is not authorized to accept food coupons.
D. Prices. All prices must be clearly marked or posted. Collusion and deceptive pricing practices are prohibited. Bargaining with the consumer is specifically allowed. When selling by the pound, all prices must be in 5-cent increments.
E. Market Hours, Arrival and Departure. The hours for The Fresh Market — Burlingame are set by the Board of Directors of the Burlingame Chamber of Commerce. Sellers shall arrive prior to the published opening time of the market and leave within one-half hour after the published closing time of the market.
F. Setups, Safety and Sanitation. All display table frontage must be behind the setup line designated by management. No boxes or produce displays may jut or extend into the common customer traffic aisleway. Producers who display produce on a side table must allow at least 24 inches of side aisle in producer’s space for customer ingress and egress. Tables and other display fixtures must be sturdy, stable and not overloaded. All shades and shelters must be tied down and completely secured in windy conditions or be subject to immediate and uncompromised removal.
Before transacting any sales the grounds of the customer traffic and selling area of the producer must be cleared and cleaned of any produce trimmings or droppings. Generally, any samples given must be without peels or rinds. Any trimming of produce must be done so trimming will fall in a box or container and not on the ground. Before leaving the market, all matter in producer’s selling area, including an area extending 10 feet into the common customer traffic area, must be completely removed and taken with the producer.
1. Neat and presentable tablecloths of color or type to match the concept and product are desirable.
2. Canopies to be proper and well-maintained to help fix the design of the booth / table.
3. Signage to be within the standards of the booth, product and to best represent the product being sold.
4. Area to be well-maintained and clean at all times.
5. Display of product will be important. The use of props, color, etc. will be encouraged.
6. A certified producer who reuses containers solely for transporting to and from a certified farmers’ market is not required to obliterate old markings, including brands and trade marks. They cannot use such containers for dis- play or sale and must not have any old inapplicable markings. If products are sold by the container, they shall bear the proper markings.
G. Noise, Disturbance and Intrusion. No radios are allowed to be played during market sales hours. No loud hawking, barking or shouting to promote product is allowed. All product promotion must occur within the space assigned to the producer and not in any common area. Disruptive action and the throwing of anything in the market is prohibited.
H. Identification Signs. All producers must display a sign identifying their name or the name of their establishment and the city or town where their production occurs.
I. Bags and Litter. Sellers using plastic bags for the convenience of their customers shall insure that such bags do not litter the market under windy conditions. Sellers using T-shirt-style plastic bags shall insure that the connecting tabs are fastened securely or are removed prior to the presentation for customer use. Sellers of dry garlic and dry onions shall insure that the skins of such produce do not litter the market. All stalls are required to have a trash receptacle.
J. Membership and Selling Assessments. All sellers of agricultural products must be a member of The Fresh Market — Burlingame. Sellers of nonagricultural products may not be members, but may be assessed in a manner comparable to a member. All memberships and selling space assessments shall be set by the Board of Directors of the Burlingame Chamber of Commerce. Elimination or downward adjustments may be made by management at its discretion.
K. Size of Booths. All single booths are approximately 10 feet by 10 feet. All double booths are approximately 20 feet by 10 feet.
L. Fees. A membership fee of $100 per year for advertising, marketing and maintenance shall be paid by each vendor prior to display at The Fresh Market — Burlingame. The weekly fee, payable in advance of the start of the market, for a single booth is $35/$45. The weekly fee, payable in advance of the start of the market, for a double booth is $65/$75. In the event of rain during the first hour of the market, fees will be reduced at the discretion of the Market Manager.
M. Responsibility. It is the responsibility of each vendor to make sure that all employees are made aware of and agree to comply with the Rules and Regulations of The Fresh Market — Burlingame.
5/18/07