2012 Groton Farmers Markets Rules/GuidelinesContact: leowyatt@williamsbarn.org1. Market Location: behind Williams Barn 160 Chicopee Row Groton Ma 2. Market Dates: every Friday July 6 -October 5 3. Market Hours (Rain or Shine 3-7pm) ________________________________________
I. Terms and Conditions of Sales
1. All persons desiring to sell items at the Market will submit a completed Farmers Market Application/Inventory List (Application) on a form provided by the Market and each person must sign a statement indicating that they have read, understand, and agree to abide by the rules of the Market. See sample Farmers Market Application/Inventory List attached.
2. All persons submitting an Application must provide an Inventory List of items to be sold at the Market (List). The submitted List will be examined at the time of application review and an approved List will be issued by the Market Manager. Persons approved to sell at the Market (Vendors) may only sell items from their List.
3. In the event that a Vendor would like to modify his/her List, an amended inventory list must be submitted to the Market Manager for approval. New items identified on the amended inventory list may not be sold prior to the market managers approval.
4. Only the following, Massachusetts-grown or produced items that meet all applicable federal, state and local rules and regulations and approved by the Market Manager may be offered for sale:
A. Fresh fruits
B. Fresh vegetables and herbs
C. Plants and flowers
D. Honey and maple syrup
E. Fresh cider
F. Dairy products
G. Poultry and meat products
I. Baked goods in which the majority of the ingredients are produced by the Vendor.
J. Massachusetts-produced specialty food products
K. Other
5. Farmer grown and produced shall mean the following:
A. Pertaining to all the items mentioned in Paragraph 4 above, all pruning, spraying, fertilizing, and harvesting is undertaken by the farmer, members of the farmers household or persons directly employed and paid by the farmer. This may include items grown on land under written lease or license, provided that the farmer who leased or licensed the land undertakes all of the above activities.
B. Any farmer intending to sell products grown on leased or licensed land must furnish a copy of the lease or license agreement to the Market Manager at the time of submitting his/her List.
6. All items offered for sale at the Market must be first quality, unless they are expressly posted as seconds.
7. Only products certified by the Northeast Organic Farmers Association (NOFA) as organic may be labeled organic.
8. All processed foods should comply with the requirements set forth by federal, state and local laws, regulations and rules.
9. Items may be sold by the pound, bunch, piece, or measured container.
10. Scales utilized at farmers markets must be inspected and sealed annually by the Sealer of Weights and Measures.
11. Vendors are urged carry insurance to cover the extent of their operations and liabilities.
12. Vendors are required to comply with all federal state and/or local laws and regulations.
II. Prices and Signs
1. Prices for all items for sale shall be posted clearly on a sign. No item shall be sold unless the price of the item is clearly displayed.
2. Prices for items shall be established only by individual Vendors.
3. Collusion among Vendors to raise or lower prices, or to exert pressure or persuasion to cause any Vendor to increase or decrease selling prices is prohibited.
4. Each Vendor must post the name and location of his/her farm or business at his/her assigned selling area in the Market.
III. Daily Operation
1. If a Vendor cannot attend the market, the Market Manager must be notified at least 24 hours in advance at telephone number: _______________________________________________.
2. Selling at the market shall begin promptly at _____3pm___AM/PM, and no selling may take place before this time.
3. Vendors shall arrive no earlier than ___1:45pm_____AM/PM to set up displays.
4. Vendors must agree to sell for the entire market day.
5. Vendors must vacate the selling area no later than ___8pm____AM/PM and all clean-up must be completed.
6. No Vendor shall engage in solicitation, collection drives, political or religious activities in the market. No loud hawking of items is allowed.
7. Vendors must keep the vicinity in and around their selling area clean at all times and remove all refuse and unsold items at the end of each Market day.
8. Vendors must provide an approved trash receptacle when selling ready-to-eat items.
9. Vendors must be courteous to other Vendors and to the public at all times. Vendors and their agents, employees and representatives must maintain a neat and clean personal appearance at all times.
10. No Vendor shall smoke tobacco, drink alcohol and/or posses or use any controlled substance while at the Market.
IV. Grievances
1. In the event of a dispute regarding any aspect of the Market, the Market Manager shall make a decision. Any failure to abide by the Market Managers decision may be sufficient grounds for excluding the Vendor from the Market.
2. The Williams Barn Committee will take no more than seven (7) days to make its decision of returning. During this time, the Vendor must adhere to the original decision of the Market Manager with no right to restitution for any losses.
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Massachusetts Department of Public Health
Bureau of Environmental Health
305 South Street
Jamaica Plain, MA 02130-3597
(617) 983-6700 (617) 983-6770 - Fax
Food Protection Program
Policies, Procedures and Guidelines
Issue: Farmer’s Markets No: RF-08
While there is no regulatory definition for farmer’s markets, the Massachusetts Department of Agricultural Resources defines them as: “festive outdoor markets where farmers sell their locally
grown farm products directly to the consumer.” The Massachusetts Department of Public
Health’s interpretation of farm products currently includes:
• Fresh Produce (fresh uncut fruits and vegetables)
• Unprocessed honey (Raw honey as defined by the National Honey Board: Honey as it exists in the beehive or as obtained by extraction, settling or straining without added heat.)
• Maple syrup
• Farm fresh eggs (must be stored and maintained at 45°F (7.2°C).
Farmer’s Market Vendors that Require a Retail Food Permit
Some farmer’s markets, which traditionally offered locally- grown produce and farm products,
have expanded into retail food operations offering processed foods. Farmer’s market vendors
that sell food products and processed foods other than those farm products listed above, shall be
licensed as a retail food operation and inspected by the local health department in accordance
with Massachusetts Regulation 105 CMR 590.000 - Minimum Sanitation Standards for Food
Establishments - Chapter X. Examples of processed foods commonly sold at farmer’s markets
include pies, cakes, breads, jams and jellies, candy, and baked goods.
While some farmer’s markets are organized by a market manager (someone who assists vendors
in coordinating permitting and other issues for the market), the Massachusetts Food Protection
Program recommends that local health departments issue retail establishment licenses to
individual vendors, for enforcement purposes. License fees may be established as either a
percentage of the annual fee charged for a regular food establishment permit based on the
number of weeks the farmer’s market is operating, or the local health department may set a
specific permit fee for a farmer’s market operation. Whichever fee system and fee the board
selects, the fee should not be higher for the seasonal operation than the regular food
establishment fee is on an annual basis.
The local health department must assess the facilities available to the farmer’s market, and
prohibit any food-handling operation that cannot be safely performed. In addition, the local
health department may prohibit the sale of certain food items if the items cannot be handled and
maintained in accordance with 105 CMR 590.000 requirements.
Date Issued: 05-02-06 Date Revised: 02-23-09
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Safe Food Handling Practices
Physical and Sanitary Facilities
Farmers markets are most often held in an open-air setting, such as a town common or field. In
some cases, there may be restrooms and handwashing facilities nearby that vendors may use. If
restrooms and handwashing facilities are not available, the market must provide portable
restrooms and handwashing facilities for use by vendors. Handwashing sinks must be easily
accessible (within 25 ft.) to vendors handling exposed, processed foods
If only agricultural products and packaged food items are offered for sale, there is no
requirement for handwashing stations at each individual vendor area. However, if portable
toilets are provided, a handwashing station must also be made available.
Approved Source
Processed foods sold at a farmer’s market must be manufactured in a licensed food processing facility, a licensed food establishment, or a licensed residential kitchen. Copies of residential
kitchen permits, retail food establishment permits or food manufacturing licenses at which the
food was prepared should be submitted to the local health department along with the vendor’s
application.
The definition or identification of an “approved source” for fresh fruits and vegetables is not addressed in federal or state retail regulations. The sale of shellfish is prohibited unless a vendor is (*participating in the shellfish at farmer’s market pilot program which requires that the vendor) already licensed as a wholesale seafood
dealer (with a base of operation) by the Division of Marine Fisheries and obtains a board of
health retail food permit. Boards of health may not issue “retail truck” permits to shellfish
vendors allowing them to sell in other locations. (However, mechanical refrigeration on a truck
may be used while at the farmer’s market.)
Finfish and crustaceans may be sold at a farmer’s market provided they are sold only from a vendor that holds a DMF retail seafood dealer permit in addition to the local board of health food
permit. If the finfish and crustaceans at the farmer’s market are being sold from a retail truck, the
permit required from DMF would be a retail seafood truck permit. A retail seafood truck permit
enables the permit holder to use his permitted truck at various locations in state with the same
retail truck permit with the approval of the local BOH. However, when finfish and crustaceans
are transported in private vehicles and sold at a booth at the market (i.e. not directly from a
permitted seafood truck), a separate retail seafood dealer permit is required for each vendor and
each market location.
Meat and poultry must be slaughtered in a federal and/or state licensed and inspected facility under inspection.
Temperature Control
Any food requiring temperature control for safety must be held at proper temperatures in
accordance with 105 CMR 590.000 and federal laws governing those foods during transportation
Date Issued: 05-02-06 Date Revised: 02-23-09
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and display for sale. Mechanical refrigeration is not a requirement if food temperatures can be
maintained and verified.
Display Conditions
Fresh uncut fruits and vegetables can be displayed in open air. They should be stored off the
ground. Vendors can accomplish this in a number of ways; most vendors will simply use a table,
or empty crates or boxes underneath the crates holding the produce is another option. Cut
produce that are considered to be PHFs (melons, raw seed sprouts, cut tomatoes and raw garlic
mixtures) must be kept refrigerated at or below 41°F. It is strongly recommended that chopped
greens be held under temperature control while on display at the market.
All food products, with the exception of uncut produce, require protection while on display.
Vendors may individually package items such as baked goods or, if displayed in bulk, should
cover the items while on display until dispensed to the consumer. Items offered in bulk should be
dispensed with a utensil, single use glove, or single use paper sheet.
Food Samples
Processed food samples should be cut, wrapped and secured in the licensed facility in which they
are manufactured, and must be protected from environmental and consumer contamination
during transportation and display. Any food handling process involving exposed ready-to-eat
foods must be closely evaluated for proper controls and restricted if there is any potential for
contamination or growth of pathogenic organisms. If a vendor offers food sampling, the local
health department may impose additional handwashing requirements for that vendor.
Food Demonstrations
Vendors or market managers may wish to offer food/cooking demonstrations periodically during
farmer’s market season. These activities are held for promotional purposes and to generate
interest at the farmer’s market. Cooking demonstrations with small samples of cooked food may
be prepared and offered at the farmer’s market for promotional and/or educational value with
prior board of health notice, review, and approval. Safe food handling practices, including
adequate food cooking temperatures, must be followed. Sample portions are to be kept small as
the intent is that the food is not for food service.
Product Labeling
All packaged foods must be labeled with the common or usual name of the product; list of
ingredients in descending order of predominance by weight and a complete list of subingredients;
net weight of product with dual declaration of net weight if product weighs one
pound or more; name and address of the manufacturer, packer, or distributor (if the company is
not listed in the current edition of the local telephone book under the name printed on the label,
the street address must also be included on the label); nutrition labeling unless exempted by
federal regulation; all FDA certified colors; all ingredients that contain a major food allergen,
regardless if they might otherwise be exempted from labeling by being a spice, flavoring,
coloring or incidental additive; the term “Keep refrigerated” or “Keep frozen” (if product is
perishable). All perishable or semi-perishable foods require open-dating and recommended
storage conditions printed, stamped, or embossed on the retail package. Once an open-date has
been placed on a product, the date may not be altered.
Date Issued: 05-02-06 Date Revised: 02-23-09
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Bulk, unpackaged foods that are available for consumer self-dispensing shall be labeled with the
manufacturer’s or processor’s label that was provided with the food or a card, sign, or other
method of notification. Bulk, unpackaged foods that are portioned to consumer specification
need not be labeled if a health, nutrient content, or other claim is not made, however, ingredient
and major food allergen information needs to be available to customers upon request.
For additional information on:
• Opening and operating a farmer’s market, contact the Massachusetts Department of Agricultural Resources at 617-626-1754.
• On food safety and sanitation, licensure and city/town requirements, contact the local health department,
• On state regulations, contact the Massachusetts Food Protection Program at 617-983- 6712.