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market-farming - Re: Market restrictions-HELP!

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  • From: "delannw" <delannw AT dlogue.net>
  • To: "market farming" <market-farming AT franklin.oit.unc.edu>
  • Subject: Re: Market restrictions-HELP!
  • Date: Tue, 2 May 2000 06:57:36 -0500

ÿþ<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.0 Transitional//EN"> <HTML><HEAD> <META content="text/html; charset=unicode" http-equiv=Content-Type> <META content="MSHTML 5.00.2314.1000" name=GENERATOR> <STYLE></STYLE> </HEAD> <BODY bgColor=#ffffff> <DIV><FONT face=Arial size=2>Our market is only 1 year old...so we had the opportunity to start fresh last year.&nbsp; The rule violations last year really took some complaining to have them addressed.&nbsp; We don't have an elected board and the market master is a volunteer who helped organize the market.&nbsp; This is a problem all by itself.&nbsp; I like and trust our market master but I think he was a little too lax on some violations last year.</FONT></DIV> <DIV>&nbsp;</DIV> <DIV><FONT face=Arial size=2>Our market rules were developed by collecting and selecting rules from other long established markets.&nbsp; A small group of vendors put them together and voted on the final form.&nbsp; That turned out to be a problem.&nbsp; Vendors who never bother to come to the meetings also neglect to read the rules.&nbsp; I like your idea about requiring everyone at a meeting to sell for the year.</FONT></DIV> <DIV>&nbsp;</DIV> <DIV><FONT face=Arial size=2>We did have a bit of an argument about the meaning of "local" produce.&nbsp; Our rules state that produce must be locally grown (ready?&nbsp; in Illinois, Indiana, Wisconsin, Michigan, Iowa, Kentucky, Missouri...).&nbsp; We are in Illinois.&nbsp; We have one vendor from Michigan.&nbsp;&nbsp;Another vendor is a part owner of a farm in Kentucky so the group was going to allow him to sell his Kentucky produce in Illinois.&nbsp; I really objected to that and told the market that if they were going to allow Kentucky produce then I was going to sell my Texas produce (I was lying...I don't own a farm in Texas).&nbsp; They got the point and the Kentucky produce is sold at the Chicago farmers' market instead.</FONT></DIV> <DIV>&nbsp;</DIV> <DIV><FONT face=Arial size=2>But the rules were bent and broken for a number of vendors who also have retail&nbsp;stores in the area.&nbsp; We all know they are reselling a large percentage of their produce and that some vendors are not the growers of anything they sell...they simply have the same last name as the grower (cousins or something like that).&nbsp; These are the same vendors who voted to close the market to any new vendors this year (in our 2nd year!).&nbsp; The rules do state that you have to have a farm and must display its name and location on a sign at your stand.&nbsp;&nbsp; </FONT></DIV> <DIV>&nbsp;</DIV> <DIV><FONT face=Arial size=2>Our rules partly reflect health department rules...just to maintain a good reputation for the market.&nbsp;&nbsp; All we need is to have one vendor sued and this would taint the reputation of the market.&nbsp; In any case, a copy of the health department rules was distributed to vendors along with the market rules.&nbsp; The city of Kankakee carries all the liability for the selling location and we signed a "hold harmless" agreement with the city.&nbsp; Liability for product is the vendors' responsibility alone.&nbsp; A million dollar policy is probably not enough.</FONT></DIV> <DIV>&nbsp;</DIV> <DIV><FONT face=Arial size=2>One customer complained to me that some banana bread she bought from me was rancid.&nbsp; I showed her the contents (which are on the package) and this banana bread contains no animal fats (no eggs, no milk, no butter).&nbsp; I know the nuts and flours were fresh.&nbsp;But, I told her I would take it back and double her money back.&nbsp; Well, she had already eaten it.&nbsp; I almost started laughing but responded that I couldn't refund her money if she went ahead and ate bread that she thought was rancid.&nbsp; However, looking back I regret the whole exchange.&nbsp; She could have brought a lawsuit and the attorney costs would have been alot higher than the doubling her money back.&nbsp; And, believe me, it doesn't matter if you are a sole proprietor.&nbsp; If sued, they'll find your assets.&nbsp; For this year, any complaint will get an immediate no questions asked refund.</FONT></DIV> <DIV>&nbsp;</DIV> <DIV><FONT face=Arial size=2>Some Kankakee County Farmers' Market Association rules that related to your post:</FONT></DIV> <DIV>&nbsp;</DIV> <DIV><FONT face=Arial size=2>Rule:&nbsp; The source for all bulk products such as dried fruits, edible grains, dried herbs, nuts and seeds must be identified and displayed.</FONT></DIV> <DIV>&nbsp;</DIV> <DIV><FONT face=Arial size=2>Rule:&nbsp; The collection of Illinois State Sales Tax is the responsibility of the seller.&nbsp; </FONT></DIV> <DIV><FONT face=Arial size=2>&nbsp;&nbsp;&nbsp; I, however, contacted the Illinois Dept of Revenue and asked a representative to speak to the market before our opening...to "help us stay inside the law."&nbsp; The market manager was all for it.&nbsp; We don't have to collect sales tax on what we grow ourselves.&nbsp; Resellers have to collect sales tax.&nbsp; If they don't, they risk the wrath of department of revenue who, by the way, shut down a local produce stand for just that violation two years ago.</FONT></DIV> <DIV>&nbsp;</DIV> <DIV><FONT face=Arial size=2>Rule:&nbsp; The sale of any type of meat, fish, poultry, egg or dairy products shall be prohibited unless the proper permit is obtained from the Kankakee County Health Department.</FONT></DIV> <DIV>&nbsp;</DIV> <DIV><FONT face=Arial size=2>Rule:&nbsp; All home-baked pies, cookies, cakes, etc... must have a label identifying the source and location of the producer and the contents in order of volume.&nbsp; </FONT></DIV> <DIV><FONT face=Arial size=2>&nbsp;&nbsp;&nbsp; This is a health department rule.&nbsp; People aren't allowed to sell custards or any egg based pies at all because of the health dept.&nbsp; You do not have to have a certified kitchen to sell baked goods at the farmers market.&nbsp; The health department rules for this specify the number of consecutive selling days that require a certified kitchen.</FONT></DIV> <DIV>&nbsp;</DIV> <DIV><FONT face=Arial size=2>Rule:&nbsp; Home-canned goods including jellies, preserves, salsas, etc.&nbsp; are stricly prohibited.</FONT></DIV> <DIV><FONT face=Arial size=2>&nbsp;&nbsp;&nbsp; This is a health department rule we also adopted.</FONT></DIV> <DIV>&nbsp;</DIV></BODY></HTML>


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