Market Rules and Regulations
Troy Waterfront Farmers’ Market
Revised 8/31/2016
A. Market Products
The use of the markets is restricted to vendors, associate vendors, and prepared food vendors, who are bona-fide growers, craftspersons, and producers of homemade products approved by the Board of Directors.
IT IS ABSOLUTELY AGAINST THE POLICY OF THE ASSOCIATION FOR ANY MEMBER TO PURCHASE ITEMS AND RESELL THEM AT THE MARKETS. Only categories approved for specific markets which are produced by a member or his/her household or business on land owned or rented by that member may be sold or given away by the vendor. Only products grown or produced within the membership areas may be sold at the market.
The following is a list of products that may be sold at the Market:
Fruits - grown by the vendor.
Vegetables - grown by the vendor.
Meat products c1. Beef Products - 100% from animals raised from weaning by the vendor c2. Pork Products - 100% from animals raised from weaning by the vendor c3. Other Meat Products - 100% from animals raised from weaning by the vendor
Fish - raised by the vendor through aqua culture from fingerlings of no more than 2” in size,or legally caught from the wild
Cider, fruit juice and herb teas - sold in bulk or by the drink by the producer of the fruit or herbs.
Dried fruits and vegetables - only from fruit and vegetables grown and dried by the vendor.
Honey and bee products - produced and bottled/packaged by the vendor.
Preserved and Processed Foods - Jams, preserves, frozen, canned foods, etc. prepared by the vendor from fresh produce from the region. If the produce is grown in the area, the products must use solely local products. If not grown in the area (such as figs) products from outside the area may be used.
Milk - produced from the vendor’s own herd.
Cheese and other dairy products - preference shall be given to vendors using milk produced by their own herd. Vendors buying milk must do so from small regional sustainable farms which are subject to review by the market.
Eggs - from the vendor's own fowl.
Poultry: Chicken - 100% from birds raised from day old chicks l-2. Other poultry - 100% from birds raised from day old chicks.
Grain products - pancake mix, granola and other grain products from grain collected and blended/mixed by the vendor.
Maple Products - processed by the vendor from the vendor’s own or rented sugarbush.
Baked goods - fresh baked and prepared from scratch by the vendor (no commercially prepared dough mixes, crusts, shells, fillings, or contents). Preference shall be given to vendors using local ingredients purchased directly from the farmer/producer.
Field and greenhouse grown plants, flowers, cut flowers and herbs - grown by the vendor from seeds, plugs, dormant roots or bulbs, or cuttings.
Animal products - wool, fleece, yarn, feathers, down, and untooled leather produced from animals owned by the vendor. Preference shall be given to vendors who process their own product.
Crafts - high quality craft items designed and produced by the vendor.
Ready to eat prepared foods - high quality food items prepared by the vendor. Preference shall be given to vendors who use locally grown farm-direct products reflecting seasonable availability.
Hay and straw, and feed products - grown/produced by the vendor.
Teas, herbs, spices, herbal vinegars - blended/prepared and packaged by the vendor. Preference shall be given to vendors who grow their own ingredients.
Services - at the discretion of the Board, and as space permits; e.g., massage therapy, bicycle repair.
Wine and Spirits - bottled locally from local produce.
Beer – brewed and bottled locally.
Confections/Chocolates - made by the vendor. No commercially prepared mixes, filling or content.
Home based vendors of crafts, prepared foods, and baked goods shall be given preference.
Vendors may provide free samples to customers as long as long as this is done in a safe and sanitary manner in compliance with Department of Health requirements.
A market and product category, once approved by the Board, will generally be preapproved for the following season provided it is marked properly on the member’s application. However, the Board reserves the right to deny an item or product at their discretion.
For vegetables and small fruits, rental of local land is permitted. Rental of orchards is permitted by members who are in full control and supervision of the individual steps of production with a majority of their own machinery and labor. Any other arrangement must be submitted in writing with the member’s application for action by the Board. A map must be submitted with the application, clearly indicating the rental land, and the name and address of the owner, along with documentation of a land rental or use agreement.
Consumer inquiries regarding pesticide use and other farm practices must be answered factually without misleading information. The Board and Market Manager reserve the right to limit vendor’s claims regarding farm practices that cannot be verified.
Goods offered for sale are expected to be of the highest quality. If, in the opinion of the Market Manager, a vendor offers inferior quality products, the vendor may then be asked to withdraw the item(s).
Genetically engineered plants and animals, and products grown or produced with engineered hormones (e.g., Bovine Growth Hormone), may not be sold at the market.
Members adding additional products and possible Board restriction of product sales
A. Members adding additional products and possible Board restriction of product sales
All Vendors and Associate Vendors are approved to sell one or more General Products listed as items 2a-x hereto. Once approved to sell items of a specific General Product, a Vendor (but not an Associate Vendor) may add products for sale, provided they fit within the category of the approved General Product. For example, a Vendor approved to sell vegetables and fruit and actually selling tomatoes, greens, onions, peas, potatoes, apples and peaches (items 2a and 2b) may add asparagus, ginger and/or plums without application for approval. However, such a Vendor could not add eggs (2k), cut flowers (2p), or dried apples (2f) without application and specific Board approval. However, the Vendor must update their application and notify the market manager.
From time to time the Board may approve the addition of an Associate Vendor but may restrict the sales of that Associate Vendor to certain products within a General Category. For example, the Board may choose to approve the addition of an Associate Vendor to sell pork and pork products (item 2c) but no other items within 2c. The Associate Vendor originally approved to sell pork and pork products wished to also sell vegetables (item 2a) they could not do so prior to submitting an application and Board approval. The restrictions will be lifted to that of a Vendor when the Board approves an Associate Vendor for Vendor Membership after at least one year.
C. Market Operations
The board reserves the right to cancel the privileges of any member who, in the opinion of the Board of Directors, has willfully violated the Rules and Regulations governing the Association and the markets.
Vendors must comply with the all current applicable Federal, State, and Local regulations.
Vendors selling taxable items must display a valid NYS Certificate of Authority.
Vendors selling nursery and greenhouse crops must display a valid NYS Nursery license.
Vendors selling meats, processed foods, prepared foods, baked goods and other perishable items must do so in compliance with the requirements of the NYS Department of Health and NYS Department of Agriculture and Markets and any other applicable requirements.
Vendors selling by weight must have scales approved by the Rensselaer County Office of Weights and Measures.
Vendors selling by measure must use standard size containers such as pint, quart, bushel, etc.
The market is held outdoors rain or shine on Saturdays beginning in May and ending in late October. The market moves indoors in November. The exact dates and times will be specified in the application package for each year’s market. Cancellation of the Market or early closure due to dangerous or severe weather conditions shall be at the sole discretion of the Market Manager. Vendors may set up at their market sites up to two hours before the markets open. For safety reasons, vendors should have their vehicles and stands in place before the opening of the markets. Vendors shall not begin to transact business until the designated time for the market to open. Vendors are required to remain at the Market for the entire Market day until the official closing time. Vendors must have their market sites dismantled, packed up, and cleaned within ninety (90) minutes of the market closure.
Vendors are assigned to markets according to spaces available at market, seniority, type of product, and previous market attendance.
Vendors should occupy their spaces no later than 30 minutes prior to market opening. Repeated lateness will result in penalties as outlined in Item 17.
Vendors are required to notify the Market Manager no later than 7:00 a.m. on market day of their intended absence at the market.
Vendor owners/principals/persons directly involved in the production of the product must attend at least 25% of the season’s market days. People working in their place must be informed of their products as well as all of the market’s rules and regulations and the vendor is responsible for any fines and for resolving any other problems that may occur in their absence.
Vendor space dimensions are established by the Board and are specified in the application packages.
Fees are set by the Board and are specified in the application packages.
Each vendor will be responsible for all equipment and supplies for the setup of a booth, table, scales, bags, signs, etc., and must operate his/her market space in a safe and sanitary manner. Display facilities must be constructed in such a way as to pose no hazards to customers and allow easy access to the goods on display. Produce may not be placed directly on the ground.
Vendors who provide samples and/or products which result in waste materials, such as corn cobs, rinds, and cups must provide containers for such waste disposal and advertise same. At the end of the sale day, the vendor's area must be clean and any refuse taken home by the vendor or disposed of as directed by the Market Manager.
All members must have and use weights for all tents being used at the outdoor markets.
Each vendor shall remain on his/her own market space when selling and sampling products. Sales should be conducted in an orderly business manner. No shouting, hawking, or other objectionable means of soliciting shall be tolerated. Vendors shall exhibit courtesy and cooperation to customers and to other vendors selling at the market.
Illegal discrimination is not permitted at the market. Vendors are expected to be courteous and honest at all times. Disagreements with customers, fellow vendors, and the Market Manager must be handled in a respectful manner so as to not disrupt the Market.
Public drinking of alcoholic beverages and smoking while handling products and dealing with customers is prohibited.
Political or legislative promotion by political candidates, local civic groups or non-profit organizations will not be permitted. Space permitting the Market Manager may provide local civic groups or not for profit organizations the opportunity to make the public aware of their activities, but such organizations may not solicit donations or sell their wares or services.
Amplified music is not permitted at the Market unless it is part of entertainment sponsored by the market.
Each vendor must identify themselves or their business by use of an attractively lettered sign stating their name and location. The sign must be clearly visible from the center aisle. Vendors are encouraged to have business cards. All literature displayed on a vendor’s table must relate to his/her product or market affairs.
The Association shall carry liability insurance to protect the Association and the Board of Directors for their actions on behalf of the Association. Vendors must also carry their own liability insurance and provide a certificate showing the Troy Waterfront Farmers’ Market and City of Troy as additional insured for a minimum of $1,000,000 individual coverage.
Schedule of penalties for violations:
Producer Only Rule: (For duration as vendor)
1st violation: Immediate suspension with review and the vendor automatically becomes an associate vendor.
2nd violation: Indefinite suspension or termination
Other Rules (e.g., being at market on time, securing canopy, cleaning up) (For each market year)
1st violation: verbal warning
2nd violation: warning letter from the board and associate’s status
3rd violation: indefinite suspension or termination letter from Board.
Inappropriate Conduct to vendors, staff, customers, members of the board or blatant disregard for market rules: The board will review cases of inappropriate conduct to vendors, staff, customers, members of the board or blatant disregard for market rules and regulations, and may decide on any of the following: A warning letter, change of status to associate vendor or suspension or termination.
D. Membership
The Board shall establish annual administrative fees which must be paid prior to May 1. Members are expected to attend at least one of the regular meetings during each calendar year; either general meetings or board meetings or a combination thereof. Failure to do so will be considered in the following year’s application process.
Applications from returning vendors who have not turned in sales data will be considered as Associate vendor applications one time, and will not be considered in the future if sales reporting is not kept up to date. All data will be collected and held anonymously.
Any Member may apply to the Board of Directors for a leave of absence on a yearly basis. However, the Member must continue to pay any annual administrative fee. This will guarantee the Member’s current membership status in those assigned markets. The leave may be granted for one year. Requests for additional years will be considered on a case by case basis by the Board.
Any farm or establishment may be inspected with a minimum of 24 hours advance notice. Inspections will be made only with the Member or his/her representative present unless otherwise permitted. Members must provide any records necessary to thoroughly document products and conditions recorded at the inspection. The Member will be notified of the results of the inspection within sixty days of the inspection. Refusal to allow an inspection may result in suspension from the Market.
All member complaints regarding rules and regulations must be directed to the President of the Board.