2020 Summer Rules and Regulations are Complete. 6/23/2020 Please take note of any changes. Thank you for your patience!
Montrose Farmers’ Market Rules and Regulations PO Box 3152, Montrose, CO 81402 firstname.lastname@example.org OVERVIEW The Montrose Farmers Market (MFM) is a program of Valley Food Partnership (VFP) operating under VFP’s non-profit status. MFM works in partnership with the City of Montrose, CO.
MFM Advisory Committee Role: The MFM receives guidance and direction from the MFM Advisory Committee (referred to as AC), a group of 6-9 volunteermembers including a balance offarmers/ranchers (producers), customers, artisans, VFP Board Liaison and/or VFP Executive Director. The AC provides input on the hiring of the MFM Manager, budget preparation, vendor approval and safe market operations. Decision making and recommendations of these Rules and Regulations (R&R) are provided by the AC with final approval by the VFP Board of Directors.
Montrose Farmers Market Manager: The MFM Manager is responsible for the weekly operations and management of MFM with guidance and direction from the AC. The MFM Manager is hired and paid by VFP with input from the AC. This partnership is key to the success of this position and market operations. The AC works with and in support of the MFM Manager in the decision making and enforcement of R&R. The MFM Manager is considered the onsite manager unless a designated representative is appointed (due to absence, sickness, etc.). The designated representative will be communicated to all vendors.
Rules and Regulations:
The MFM Rules and Regulations (R&R) provide a framework for informed and appropriate decision making and safe, fair market operations. The AC is dedicated to goals that are in the best interest of optimal market operations, vendor and customer satisfaction and safety, and recommendations from the City of Montrose, CO. These goals may change from year to year.
All vendors agree to abide by all city, county, state, and federal laws and regulations, in addition to these R&R’s.
Business Licenses: The State of Colorado does not issue or require a generic general business license. Licenses are issued by various state agencies for specific types of businesses, activities and professions.
Subject to Change: These R&R are reviewed annually and subject to change with or without notice to market vendors.
Vendor Approval and Requirements
Approvals: The AC and Market Manager will review all vendor applications seasonally and/or as received (day vendors). The AC reserves the right to accept or deny any vendor application for reasonable cause.
Resources:All Vendors should refer to the resource page on MFM Website for additional information.
Definition: A vendor shall be any producer, farmer, rancher, gardener, baker, craftsman, and legal business entity operating on the Western Slope of Colorado. Vendors consent to the MFM rules, regulations, policies and procedures of this handbook. the City of Montrose does not require a business license for vendors.
Non-Profit, Informational, and Fundraising: Booths may be available for approved applicants, on a space available basis, and with advanced notice. These booths will be allowed for one market each winter or summer season. MFM encourages these entities to promote programs, education or events that support local food, agriculture or health related topics including gardening, growing, cooking, nutrition, health and/or wellness.
Non-profits: Non-profit organizations, schools, clubs, or youth organizations may have informational and/or fundraising booths and may request daily fees waived or reduced subject to the approval of the AC.
Fundraising: Activity must be in support of a non-profit, community, educational or youth organization.
Youth organizations: Required to have adult supervision at all times.
Political activity: Political activity is not allowed inside the market and needs to be at least 150 ft. away from the market.
Religious organizations: Religious organizations may apply for a booth if they are promoting a program, education or event that supports local food, agriculture or health focused topics such as: gardening, planting, cooking, nutrition, health and wellness.
Application Deadlines, Sales Taxes, and Fees:
Applications for the summer market will be available February 1st and the winter market September 1st.
Approval: The AC will review, accept, and/or reject all applications no later than 1 week prior to the next market. The AC may allow exceptions in extenuating circumstances and/or on a space available basis.
Transfer: Booth space may not be transferred to another vendor/person except in extenuating circumstances subject to approval of the AC.
Sales Tax Services/Envelopes: MFM provides a tax service for vendors. Those who choose to use this service must complete a sales tax envelope each week. Please complete each category including SNAP, DUFB, etc.
Submit a sales tax envelope to the MFM Manager with check or cash at the endof each market day.
Note: Vendors are responsible for maintaining sales tax records and totals for tax purposes. It is not MFM's responsibility to keep sales tax records for vendors.
Sales Tax Payments: The MFM Manager will submit the envelopes and collected fees and deliver to the VFP Office no later than Tuesday following the market. A designated VFP office staff member will cross reference the actual payment against what is reported and will communicate any discrepancies to the Market Manager and the vendor. Sales tax payments and reports are forwarded to VFP Bookkeeper who is responsible for compiling the City/State sales tax reports and paying the sales tax by the 20th of the month following the market sales.
Prepared Food and Food Trucks: Prepared food vendors are solely responsible for payment of city, county, and state taxes per the City of Montrose. The tax service mentioned above is not offered to prepared food vendors.
Vendor Fees: Daily vendor fees may be included in Sales Tax envelopes (ideally one week in advance of next market) along with other food currencies.
Other Currency: Other food currency includes SNAP, Double Up Food Bucks (DUFB), Local Farmacy Rx (LFRx) coupons, and Montrose Bucks etc. These items should be listed and categorized on the sales tax envelope. Sales Tax is not collected on SNAP, DUFB or LFRxis pending approval from Colorado Health Foundation.
E. Vendor Booths
Vendor booth spaces: 10 feet wide by 10 feet deep. An additional fee will be assessed to vendors who require additional space.
Tents/Weights: All tents are required to have weights for each vendor’s tent or canopy and need to be attached to each corner of the tent or canopy Canopies/tents must be anchored with 40# weights (min.) on each of the four legs. Umbrellas are also required to have a weight at the base. If vendors do not have the correct weight on their tent, they may be asked to rent a set from MFM at $15/day or take down their tent for safety reasons.Vendors will have one week to correct the situation.
Signage: Every vendor is required to post a legible sign with the following information during business hours: business name, owner, address/e-mail contact, and phone number. The minimum size for this sign is 8.5 x 11 inches.
Hours of Operation: Summer Market runs weekly on Saturdays beginning in early May through October. MFM will open promptly at 9:00 am and runs until 1:00 pm. Winter Market will open promptly at 10:00 am and close at 1:00 and schedule will be determined by the AC in September. Vendors are not to break down booths prior to 1:00 pm.
Bad weather is the exception!In the event of bad weather (thunder, lightning, heavy rain, snow, floods, etc.), the MFM Mgr. or AC President will provide guidance for evacuation, tent removal, etc.Please refer to MFM Emergency Protocol.
Parking/Space Requirements: In the event that there is an increased number of vendorsand/or limited space, parking next to booths may not be feasible. Vendors will be given 72-hour notice regarding the parking situation. Street parking or parking in the Straw Hat parking lot may be required. Furthermore, Booth space in the Straw Hat Lot (across 1st St.) may be used to meet space needs or physical distance requirements due to health regulations.
F. Vendor Responsibilities
Attendance: Vendors are required to notify the MFM Manager if they will not be attending the Saturday Market. Notification is to take place no later thanThursday evening prior to the market. Vendors who miss more than two markets without notification, may be assigned to a new booth space upon return or replaced in the event of a sold out season.
Appearance: All vendors are responsible for the upkeep and cleanliness of their market space, area around and near their booth area. Upon leaving the site, the vendor's booth area must be as clean, or cleaner, than they found it at the beginning of the day.
Annual Meeting: Vendors are strongly encouraged to attend the annual vendor’s meeting to offer feedback, input, and ideas for the following market season.
G. Vendor Suspension & Behavior
MFM vendors are expected to operate in a professional and courteous manner at all times. Derogatory language directed at customers, other vendors or their products will not be tolerated. If a vendor has a legitimate concern, they should immediately contact the MFM Manager. If the Manager is not available, the vendor should contact a member of the AC. The AC is listed on the MFM website.
Vendors may be suspended from selling at MFM by the Market Manager with the support of the AC for failure to comply with these R&R’s. Fees paid to the MFM by the suspended vendor may or may not be refunded, and will be reviewed on a case by case basis, and subject to the approval by the AC.
H. Food Assistance Programs: SNAP/Double Up Food Bucks and Local Farmacy Rx
SNAP: The MFM participates in a federal food assistance program called Supplemental Nutrition Assistance Program (SNAP) also known as food stamps. VFP has an EBT machine for SNAP customers at the Manager’s booth each week. The EBT machine is used for swiping/scanning the customer's card and determines the amount of SNAP currency benefits available for each customer. MFM Manager provides SNAP dollars to be exchanged with Vendors for purchase.
Validation: All SNAP currency must be validated by the MFM Manager
prior to use. It is the responsibility of the vendor to check for the MFM stamp. Invalid SNAP dollar or SNAP dollars from other markets are not eligible for reimbursement by the MFM.
Double Up Food Bucks (DUFB) - fruit and veggies only! VFP/MFM participates in the DUFB grant funded program (Livewell). This enables SNAP recipients to receive double their SNAP dollars with DUFB food dollars up to $20/day for fruit and vegetables.
Local Farmacy Rx (LFRX) - fruit and veggies only! LFRX is a VFP food and nutrition program for low-income residents. Participants receive LFRX vouchers when they attend classes. These vouchers may be spent at MFM for fruit and vegetables only.
Vendors who sell SNAP/DUFB/LFRX eligible items must accept all currencies explained above when presented by the customer. MFM reimburses vendors for each of these forms of currency.
SNAP/DUFB programs ARE NOT SUBJECT TO SALES TAX. No change will be given for SNAP/DUFB dollars. It is unclear if LFRx currency is taxable. At this time, MFM will not be collecting sales tax on LFRx however this may change.
Turn in food currency daily: These programs are money in your pocket! When SNAP, DUFB or LFRX dollars are received, list and itemize on the Sales tax envelope. Place food dollars in envelopes and turn into the Market Mgr. no later than 1:00 pm daily. Vendors will be reimbursed with a check from MFM twice a month (15th and last day of month). Checks may be delivered at the next MFM market or mailed.
Montrose Bucks is another form of currency offered by the City of Montrose to encourage “shopping local” and increasing dollars spent in Montrose. Montrose Bucks can be used to purchase items from vendors at the MFM as well as businesses in Montrose. Montrose Bucks are designed to promote Montrose small businesses, and increase MFM market attendance.
Turn in daily: Vendors who receive Montrose Bucks should turn in daily no later than 1:00 pm to the Market Manager. Include Montrose Bucks in the Sales Tax envelope and list by category. Vendors will be reimbursed with a check twice monthly, (15th and last day of month). Checks will be delivered to the market or mailed.
Check expiration date: Montrose Bucks must be redeemed within six months of purchase. Please check the date. Expired Montrose Bucks will not be reimbursed by the MFM. Montrose Bucks should be treated as cash.
III. Product Type, Definitions and Requirements The goal of the MFM is having vendors who sell agricultural products that are locally grown and produced including: fruit, vegetables, meat and value-added products. All products and produce must be high quality, and will be monitored by the Market Manager. Second-quality produce must be clearly labeled and may be available for budget conscious consumers. A. Agricultural Products
Agricultural Productsinclude raw food or fiber grown by vendors who live on the Western Slope of Colorado. “Western Slope” is defined as any county that is located in (or partially) west of the continental divide and ideally within the Uncompaghre, No Fork, Gunnison or San Miguel River watersheds.
Organic: Any vendor claiming products as"organic" must have an organic producer and/or handler/processor license from an approved certifying agency. It must be displayed at all times during business hours. You must also include a copy with your membership application.
Value-Added Products are food or craft items that feature a qualifying Agricultural Product or Products. These products support agriculture on the Western Slope. Examples include soap made from Western Slope goat milk and jam made from Western Slope fruit. Preference will be given to products that are sourced from MFM vendors, regional producers or Western Slope products. All Value-Added Products must be created by a vendor on the Western Slope of Colorado.
Prepared Food Products
Prepared Foods are processed, edible items that are easily transportedfor later consumption. Examples of Prepared Food Products include breads, candy, and pies. All Prepared Food Products must be created by the vendor on the Western Slope of Colorado. There will be no resale of Prepared Food Products.
Food Trucks may prepare food ahead of time, or onsite, for consumption at the market or to be taken home. Preference will be given to products that are sourced from MFM vendors, regional producers or Western Slope products.
Artisan and Craft Products
Artisan Products are non-food items (typically jewelry, arts or crafts) that do not fall under the Agricultural or Value-Added categories. Artisan Products must be created by a vendor(s) on the Western Slope of Colorado. Items should be of high quality and will be approved by AC. In the event that an Artisan booth is a co-op/group of artists to provide more variety, a higher vendor fee will be required and details on each product will be required.
Reselling of market ready products requires a written proposal and local documentation for allowance.There will typically be no re-selling ofmarket ready products. Vendors may submit a written letter to the AC requesting permission to re-sell Agricultural or Value-Added products grown or prepared by another party on the Western Slope. An exception may be granted with adequate documentation and subject to AC and Market Manager approval.
A Colorado Resale License from the Colorado Department of Agriculture is required for a vendor displaying items for resale. This license must be displayed during business hours, per state law, and a copyincluded in the vendor application. Any product displayed for resale must be identified with a sign marking the location, and name of the farm from which it comes.
All vendors are subject to a weekly site inspection by the MFM Manager and/or an AC member.
Only products listed on the vendor’s application will be allowed for sale. Vendors wishing to sell a new product must notify and receive approval from the MFM Manager and AC one week prior to the date of sale. I. Hemp & CBD Products
Documentation: Vendors must have documentation- a Certificate of Analysis from a licensed cannabinoid testing facility showing that each productbeing sold has 0.03% or less THC after production. There is a Zero Tolerance policy for THC levels higher than 0.03% at the MFM. Discovery of a THC product or THC in any product with levels higher than 0.03% will result in the immediate termination of the vendor’s selling privileges for 2 years. There can be no THC in consumable products.
Origin: Vendors must provide documentation showing/defining the origin of the hemp that the CBD products are derived from. This documentation must show all sources of hemp for products.
Online Orders: Vendors cannot take online orders for the delivery of a CBD product at the MFM until state policies allow, and this is subject to change.
Non-Consumable Products: Clothes, building materials, fuels, etc. Documentation must be provided explaining the creation process and constituent parts of all products.
Subject to Change: All CBD and Hemp policies are subject to change as directed by relevant State of Colorado laws. (Other recommendations may be advised by the AC, VFP Executive Director or VFP Board of Directors)
Insurance, Licenses & Health Regulations
The MFM requires every vendor to carry product liability insurance and a professional liability insurance policy as necessary depending on the profession.
Proof of Insurance: Vendors must provide proof of insurance with their application. Liability for all products and actions rests solely with the vendor producing and selling them. MFM insurance only covers MFM property. It does not cover individual vendors.
Additional Insured: Vendor insurance should list Montrose Farmers’ Market as an additional insured on their policy.
Insurance Options: Campbell Risk Management is the MFM Insurance carrier and is a resource for Farmers Markets and vendors. You may also contact your homeowner’s insurance provider to see if they can issue a rider. Insurance can be purchased for one day.
Event insurance: theeventhelper.com Reference the MFM application resource page on MFM Website.
All vendors are responsible for the necessary licenses and permits required for the sale of their product(s). Copies of these documents must be included with the MFM vendor application including all local, state and federal licenses required to run thebusiness.
Health Code Regulations:All vendors must follow the County of Montrose and the State of Colorado’s current Health Code Regulations. It is the responsibility of the vendor to ensure compliance.
Inspections: The Montrose County Health Inspector does come to the Market from time to time and may show up unannounced.
Permits/licenses: All agricultural, value-added, prepared ready-to-eat food, and beverage vendors are responsible for the appropriate inspections by the applicable licensing authorities and must have the approved certification, permits and licenses. These documents must be included with the vendor application.
Food samples: All food samples must be offered in accordance with Montrose County Health and Human Services guidelines for sampling.
Dogs Safety:All dogs or animals brought to the MFM must comply with the City of Montrose leash laws. Owners are expected to have animals on a leash, or confined in some way. Owners are required to pick up after their animals in, near and around the market.
All consumer comments or concerns should be directed to the MFM Manager or designated on-site representative (if MFM is absent) or AC. The MFM Manager will bring comments to the AC for discussion. All vendor suggestions, complaints and comments can be presented to a member of the AC, in writing, and must be signed by the vendor with name and contact information: e-mail address and telephone number. All suggestions, complaints and comments will be considered by the AC at the next scheduled meeting. Any anonymous concerns may be e-mailed to MFM Manager, or an AC member to be considered at the next scheduled meeting.
The mailing address for the MFM is: PO Box 3241, Montrose, CO 81402
E-mail address is: email@example.com
Emergency Management Plan- See Separate Document
Approved: May 7, 2020 - Montrose Farmers Market Advisory Committee May 18, 2020 - Valley Food Partnership Board of Directors