RULES AND REGULATIONS
The objective of the Marietta Square Farmers Market (MSFM) is to support the development of the local agricultural economy which will foster stewardship of our land and goodwill in our community by: providing a place for farmers/growers to sell their goods directly to consumers, assisting business who sell food, farm and garden and kitchen related products which make use of locally grown ingredients gain entry into the local market and a place that will provide alternative shopping and bring together people from all walks of life from throughout our community.
General Rules and Regulations
All products must be grown or otherwise produced by the vendor. "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, production and/or sale of goods produced at the address listed on the application.
Vendors intending to sell prepared and packaged food stuffs for resale must provide a copy of their current Georgia Department of Agriculture Food Sales Establishment License. These vendors must attest to the fact that they grow or buy from local growers at least one major ingredient in their product. Baked goods are exempted from this regulation. The Cottage Food License is not accepted.
Vendors who wish to sell eggs and/or dairy must provide a copy of their current Georgia Department of Agriculture certification.
Vendors must provide a list of items they intend to sell to the Market Coordinator by Thursday at 5:00 pm of the week they will sell so the market can maintain a diverse selection of goods and to help manage supply and demand.
All vendors participating in the MSFM shall comply with the sanitary rules and regulations of the County and State Health Departments. All food must be properly displayed, fresh and grown and/or prepared in accordance with all local, state and federal regulations.
Hold-Harmless Clause and Insurance
All authorized vendors participating in the MSFM shall be individually and severally responsible to the MSFM for any loss, personal injury, death, and/or other damages that may occur as a result of the vendors' negligence or that of its agents and employees, and all vendors hereby agree to indemnify and save the MSFM and its representatives harmless from any loss, costs, damages and other expenses, including attorney's fees, suffered or incurred by the MSFM by reason of the vendors' negligence or that of its agents and employees: provided that the vendors shall not be responsible nor required to indemnify the MSFM for negligence, its agents and employees. Because no insurance is provided to participants in the MSFM, each vendor must carry his/her own product liability insurance and must be prepared to present it at the MSFM. Each vehicle must be covered by vehicle liability insurance to cover any vehicle related incidents. Proof of such insurance should accompany your application to the MSFM.
The MSFM shall be located in North Park Square on the Historic Marietta Square
The MSFM shall be in operation each Saturday morning from 9:00 am until 12:00 pm and Sunday from 12:00 pm to 3:00 pm.Setup can begin not earlier than 7:00 am on Saturday and 11 am Sunday.. The MSFM shall be in operation rain or shine.
The strength of any farmers market is the presence of a number of vendors with a diversity of products. When you sell at a market, your customers need to be able to count on your regular presence.
Vendor Booth Fee
The MSFM needs a stable and committed farmers/growers and other vendors to be viable. Please be prepared to pay $25.00 per day. Since booth space is assigned on a weekly basis, this fee will only guarantee you a spot if you keep the Market Coordinator informed of your plans.
Space shall be generally defined as 10' x 10'. Vendors are responsible for setting up their space and keeping it clean. Canopies or umbrellas are allowed. Tables are suggested. Nothing shall be displayed on the ground. (With the exception of live plants). Nothing shall extend in to the space of another vendor unless agreed upon by both parties.
All vendors shall clean up their area at the end of each Market day. All vendors shall be clear of the vending area by 1:00 p.m. Vendors shall be responsible for the cleanliness of their space during market hours. All vendors shall bring a broom and trash bags and keep their space free of debris. Vendors shall not use the nearby public and private trash receptacles for disposal of produce boxes and unsold produce. All trash shall be removed from the site by the vendor.
Pricing, Weights and Measures
Each vendor will operate as an individual entity and, as such, each vendor is responsible for setting his/her own prices. Weights and measures are expected to be in accordance with all applicable local, state and federal rules and regulations. All scales shall be approved by the Georgia Department of Agriculture and have current inspection stickers.
All vendors are expected to clearly label all products as necessary in accordance with all applicable local, state and federal rules and regulations.
Method of Production and Product Quality Claims
Though vendors selling at the market are acting as individual business entities, claims made by individual vendors may be perceived by customers to be backed by the market as a whole. For this reason, claims of specific production practices, and claims that products have specific nutritive or other health benefits, must be supported by analyses or studies, or methods of analysis, which are recognized by state and/or federal governmental agencies for purposes of certification. For example, under existing state and federal law, only certified organic growers may claim to use organic growing methods. As there is no state or federal certification program for those making "pesticide-free" and related claims, vendors may not make such claims until such a program is established by an official state or federal agency.
Each vendor will operate as an individual business entity and as such, each vendor is responsible for collecting his/her own sales taxes, where applicable. Whereas farmers selling their own produce directly to consumers are exempt from sales takes, value-added producers (i.e. bakers, preserve-makers) may be required to pay sales tax and other taxes. Each vendor shall adhere to local, state and other applicable regulations as they pertain to said vendor.
No firearms. No alcoholic beverages. No drugs.
Non-profit organizations shall make application and pay the same rate as the other vendors on a per space basis.
Complaints of any kind against any vendor shall be directed to the attention of the Market Coordinator. The Market Coordinator will seek to resolve the issue immediately and if the Market Coordinator is unable to do so, he/she will forward the complaint to the owners and Market Advisory Committee for investigation and resolution.
The Market Coordinator shall have the right to warn and/or suspend a vendor based on the Market Coordinator's personal observation of a violation of the rules and regulations.
The Market Coordinator and owner of the MSFM reserve the right to revise the MSFM Rules and Regulations at any time.