Haymaker Farmers’ Market (HFM Inc.) Rules:
Location:
The market is located in the gravel lots along the west side of Franklin Avenue between College and Summit Streets. Entrances are from Summit Street and Franklin Avenue north of the Haymaker Parkway viaduct.
Dates and hours of operation:
The market is open rain or shine, Saturdays from early June through the last Saturday of October. The market is open from 9:00 am until 1:00 pm with vendor setup from 8:00 to 9:00 am. Exact start up dates are chosen yearly after discussion by the market vendors and manager.
1. Interested vendors are required to read the market regulations, sign and complete the vendor application form returning it to the market manager prior to being permitted to sell at the market.
2. Vendor spaces are 12 feet wide by the depth of the vendor’s stand and vehicle allowing for safe passage of vehicles at the rear of the market. Additional vendor parking is available along the fence at the rear of the market site. Vendors requiring less than 12 feet of frontage or charitable groups are allowed with permission of the manger to set up as space and location permits.
3. Vendor spaces are assigned to the south of the bridge and are first come priority to the north. Unassigned vendors may fill in “no show” spaces.
4. Late arriving vendors will be permitted to set up as space permits. If the assigned space of the late arriving vendor has been occupied, an alternative location will need to be used.
5. Vendor spaces may be reserved for the full season (23 weeks) at $120.00, ½ season 12 weeks at $75.00, or by the week at $12.00 each market. Attendance at each market, while encouraged is not mandatory. The fees for vending during the 2009 season have been adjusted by the membership at the annual spring meeting held on April 26, 2009. Fees are used exclusively to pay for the following market related expenses: Market liability insurance, market advertising in the Record-Courier and other media, sandwich board signs placed around town every Saturday, fees paid to the musicians performing through the “Music @ the Market series”, costs associated with the “Downtown @ the Market” project which is a connection between downtown merchants and the farmers’ market, purchase of gravel for the market site, purchase of materials for the market benches which may be offset through tax deductible donations to the market, purchase of market umbrellas and stands, rental of a portable-restroom placed on the site during the market season, fees associated with filing for and maintaining tax exempt status as well as any city, county or State of Ohio permits that may be assessed, postage for mailings, incidental office supplies, incidental items that must be purchased to maintain the equipment, umbrellas, stands or signs. The manager position is an unpaid volunteer. HFM Inc is a not-for-profit corporation; all proceeds will be used for the benefit of the market. Fee scales may be adjusted on a yearly basis by decision of the board of directors or at our annual Spring Market Meeting.
6. Vendors are encouraged to carry their own personal and product liability insurance policy for protection in the event of a lawsuit. Depending on the type of good sold, proof of insurance naming the market as one of the protected parties may be required. The market liability policy only covers Haymaker Farmers’ Market Inc. (HFM Inc.), not the vendor.
7. Vendors are responsible for bringing their own tables, chairs, signage and weather protection (canopy or umbrella). There are a limited number of 8’ market umbrellas and concrete stands available for vendors to use free of charge. Vendors are responsible for replacing/repairing these umbrellas and stands if they lose or damage them.
8. Vendors are required to identify their farm or business with a clearly written or printed sign affixed to their table or stand. These signs need not be professionally produced but must include the name of the business or vendor and its location.
9. Vendors are required to clean up their sites at the conclusion of each market day. All waste must be deposited in the trash container on site or taken away by the vendor. The market manager is not responsible for cleaning the market property.
10. Disputes not settled by the interested parties may be brought to the manager or his/her representative for arbitration. The manager’s or his/her designate’s decision is final. The manager may elect to bring the dispute before the market board for decision. If the vendor would like to dispute a decision, then the matter must be presented to the market board within thirty days.
11. Vendors shall not give produce or other products away for free or at reduced pricing in order to potentially undercut sales of other vendors. This does not include product samples or giving good salable produce to charities such as the food bank or homeless shelter. Trading between vendors is permissible.
12. Vendors are not permitted to hawk their products in a loud or repetitive way that interrupts the sales of surrounding vendors, nor are they permitted to pursue sales away from their assigned vendor site.
13. Organic Certification: Vendors using the term “organic” in reference to their products must provide a copy of their certification with their application and post a copy of this certification at their stand on market days. If a vendor would like to state, “grown without using pesticides”, proof will need to be provided to the manager or market board. Proof of exemption eligibility relating to sales volume must be provided to the market manager.
14. Haymaker Farmers’ Market Inc. (HFM Inc.) is a producer market. Wholesale purchase of items for resale at HFM is not permitted. Goods sold shall be grown, baked or otherwise produced by the vendor. “Carrying” or the sale of small quantities of local but non-vendor produced products may be permitted with the permission of the manager or his/her designate. This allows for small quantity consignment sales of adjoining or local farms that will improve the availability of diverse products at the vendors stand and at the market in general. A home farm or business visit may be requested by the market manager of the vendor in order to determine compliance.
15. Allowed products include but may not be limited to:
a. locally grown produce, cut and uncut flowers, nursery plants, herbs, soaps and lotions made by the vendor, locally roasted coffees, dried teas as well as decorative goods that incorporate agricultural products grown or gathered from the wild by the vendor.
b. locally produced cheeses prepared in licensed facilities sold by the producer or their representatives.
c. baked goods, canned jellies, preserves, honey and sorghum. (Covered by home bakery and cottage food guidelines see appendix a, b and c.)
d. fresh eggs from the farmer’s flock of 500 or fewer hens. (with required retail food establishment (RFE) license from Kent Health Department see appendix d).
e. ready to eat foods prepared in inspected and licensed kitchens and sold in compliance with all pertinent health department regulations. (must have RFE license, see appendix e).
f. Vendors interested in selling food products that have been prepared by the vendor must comply with Ohio Department of Agriculture guidelines available from the market manager or directly from the ODAG website at <http://www.agri.ohio.gov/FoodSafety/#tog>. Scroll down to “cottage foods” or “home bakery” or “labeling requirements”. All prepared food items must comply with labeling guidelines available at the Department of Agriculture website or may be found in appendix c.
16. HFM Inc. will provide the market venue, vendor or exhibitor screening, market liability insurance, advertising, media contacts and promotion, special musician or performance events, fee collection, coordination and community outreach as well as representation with local government entities as needed.
17. The market manager will make all day-to-day operating decisions.
18. The HFM Inc. Market Board of Directors will make all other decisions.
19. Vendors or exhibitors not willing or unable to comply with market regulations may be asked to leave the market forfeiting any paid site fees.
Haymaker Farmers’ Market Inc. (HFM Inc.) Market Board of Directors
The nine member Board of Directors shall consist of:
1. Market manager.
2. 2 farmer vendors elected yearly.
3. 1 baker vendor elected yearly.
4. 1 at-large vendor elected yearly.
5. 1 arts community representative.
6. Interested city resident elected yearly.
7. Interested city business person elected yearly.
8. Kent Ward 5 councilperson.
Yearly board meetings will be held in the spring or fall or as determined necessary by the market manager. Elections for the rotating board positions will be held in the spring of each year. Eligible voters will be market vendors and current board members.
Appendix A:
Home Bakery-
What is a Home Bakery?
A “Home Bakery” is described in Chapter 911 of the Ohio Revised Code. A person that operates a “home bakery” is a person that:
1.) Bakes products such as cakes, cookies, pies, brownies, breads, and bakery products that do require refrigeration (i.e. cheesecakes, cream pies, etc.);
2.) Bakes the products only in their own home;
3.) Is limited to the use of one home-style oven;
4.) Correctly labels the products produced;
5.) Has their kitchen inspected by the Ohio Department of Agriculture (ODAG), and
6.) Obtains a “home bakery registration” from the ODAG.
When is a Home Bakery Registration required?
It is an option for an individual who plans to bake bakery products in their home, if they do not qualify for the “cottage food production operation” category.
How much is the home bakery registration fee?
The annual registration fee for a home bakery is ten dollars.
How do I apply for a home bakery registration?
Contact the ODA’s Division of Food Safety to set up an appointment for a food safety specialist to inspect your home kitchen. Some of the provisions that the specialist will be checking for include proper food labeling [ingredient and nutritional (where applicable)], no pets are permitted in the home, and no carpeting is allowed in the kitchen area.
Appendix B:
Cottage Foods-
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“Cottage Food Production Operation” is defined in Chapter 3715 of the Ohio Revised Code to mean a person who, in the person’s home, produces food items that are not potentially hazardous foods, including bakery products, jams, jellies, candy, and fruit butter. These foods must be labeled properly or they will be considered misbranded or adulterated. “Home” means the primary residence occupied by the residence’s owner, on the condition that the residence contains only one stove or oven used for cooking, which may be a double oven, designed for common residence usage and not for commercial usage, and that the stove or oven be operated in an ordinary kitchen within the residence. For more information on Cottage Foods, please contact the Ohio Food Safety Division |
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What Foods are Permitted to be Manufactured for Sale or Distribution by a Cottage Food Production Operation? The definition of “home” refers to a residence that contains one stove or oven used for COOKING. Each of the food products identified in the law undergoes a heat step: bakery products (such as cookies, breads, brownies, cakes, pies, etc.); candy (including no-bake cookies, chocolate covered pretzels or similar chocolate-covered non-perishable items); jams; jellies, and fruit butter.
What Foods are not Allowed to be Manufactured for Sale or Distribution by a Cottage Food Production Operation? A “Cottage Food Production Operation” is not permitted to process acidified foods, low-acid canned foods, or potentially hazardous foods or non-potentially hazardous foods not listed above. Low acid food means any food with a finished equilibrium pH greater than 4.6 and a water activity greater than 0.85. Acidified food means a low acid food to which acids or acid foods are added (Ex. Beans, cucumbers, cabbage, puddings, etc.). Potentially hazardous food means it requires temperature control because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms (Ex. Raw or cooked animal products, cooked vegetables, garlic in oil, cheese cakes, pumpkin pies, custard pies, cream pies, etc.) Non-potentially hazardous food items/processes not permitted to be made or performed in a “Cottage Food Production Operation”–Snack Foods (potato chips, popcorn, trail mix, etc.); Cereals including granola; Repackaging of Foods; Production of Dry Food Mixes; Drying of foods including Herbs and Fruits, etc.
What are the Requirements for the Labeling of Cottage Food Products? Yes: A “Cottage Food Production Operation” is required to label all of their food products and include the following information on the label of each unit of food product offered or distributed for sale:
Note: If a nutritional claim is made (i.e. low fat, salt free, etc.) federal labeling requirements must be met. Click here for labeling information for specific foods.
What Does the Statement “This Product is Home Produced” Mean? The statement means that the food product was produced in a private home that is not subject to inspection by a food regulatory authority.
Where may a Cottage Food Production Operations Sell their Food Products? Cottage Food Products may only be sold in Ohio. Cottage Food Products that are properly identified and labeled may be sold directly to the consumer from the site where the products are produced; sold through grocery stores, farm markets, farmers markets, etc.; sold and/or used in preparing food in a restaurant.
Does A Cottage Food Production Operation Need to Acquire a License to Process and Package Food Products? No: A “Cottage Food Production Operation” is exempt from inspection and licensing by the Ohio Department of Agriculture. However, all food products, including those produced and packaged by a “Cottage Food Production Operation”, are subject to food sampling conducted by the Ohio Department of Agriculture to determine if a food product is misbranded or adulterated.
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Appendix C food labeling:
Labeling Requirements (11/01/2001)
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I. |
Product of Identity – Reference: CFR 21, Part 101.3: |
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II. |
Statement of Ingredients – Reference: CFR 21, Part 101.4 Complete breakdown of Ingredients (with sub-ingredients) listed by common or usual name in descending order of predominance by weight. An ingredient which itself contains two or more ingredients shall be designated in the statement of ingredients on the label of such food: By declaring the established common or usual name of the ingredient followed by a parenthetical listing of all ingredients contained therein in descending order of predominance. When listing vegetable shortening or oil, the type shall also be listed, e.g., Soybean, Cottonseed and/or Canola Oil. Hydrogenated, this must be specified. |
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III. |
Statement of Responsibility – Reference: CFR 21, Part 101.5 The label of a food in packaged form shall specify conspicuously the name and place of business of the manufacturer, packer, or distributor. Where the food is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection such person has with such food; e.g., “Manufactured for” “Distributed by”, or any other wording that expresses the facts. The statement of the place of business shall include the street address, city, state and zip code; however, the street address may be omitted if it is shown in a current telephone directory. A telephone Number is not required. It is their prerogative if they wish to display a telephone number. Note: A telephone no., Email address, or web site cannot be used in lieu of the statement of responsibility requirement. |
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IV. |
Declaration of net quantity of contents – Reference: CFR 21, Part 101.105 Dual declaration – Reference: Fair Packaging and Labeling Act, Title 15 – Chapter 39, 1453 (a)(2) Net quantity of contents shall be separately and accurately stated in a uniform location upon the principal display panel of the label, using the most appropriate units in both the customary inch/pound system of measure and the SI metric system. Either one may follow the other parenthetically. SI means International System of Units The term ‘Net Wt.’ is used to represent solid/mass type products. Use of the terms “Net” or “Net Contents” in terms of fluid measure or numerical count is optional. It is sufficient to distinguish avoirdupois ounce (system of weights and measure that is based on a pound containing 16 ounces or 7,000 grains and equal to 453.59 grams) from fluid ounce through association of terms; for example, “Net wt. 6 oz” or “6 oz Net wt.” and “6 fl oz” or “Net contents 6 fl oz”. The quantity of contents shall be placed on the principal display panel. It shall be within the bottom 30 percent of the area of the label panel in lines that are generally parallel to the bottom of the package as it is designed to be displayed. A declaration of net quantity of contents is permitted to be blown, molded or embossed on a glass or plastic surface of the container as long as all other required labeling information is available on the principal display panel. Exemption: Net content of dual declaration for consumer packages does not apply to:
Labeling requirements for Net Quantity of Contents is under the purview of the ODA Division of Weights and Measures. Local enforcement is provided by Weights and Measures located in the Auditor’s office at the county court house of that particular county. |
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V. |
Refrigeration or Frozen If a product is required to be refrigerated during display or after opening, the label must provide the following phrases respectively on display panel: Keep Refrigerated or Refrigerate after Opening. If a product should be kept frozen for proper storage, then the label should provide this information on the principal display panel. |
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VI. |
Nutritional Labeling – Exemptions – Reference: CFR 21, Part 101.9 (j) Retail exemption: Food offered for sale by a retailer who has annual gross sales of food to consumers of not more than $50,000; or has total annual gross sales, of food/non-food items to consumers of not more than $500,000 is exempt from nutritional labeling provided no nutritional claims are made.
Ready-to-eat food products that are manufactured on site by the retail firm and not sold outside of that retail firm is exempt provided no nutritional claims are made. Manufacturer/Wholesaler exemption: A firm with fewer than 100 full time employees (FTE’s) and less than 100,000 units sold in the previous year is exempt from nutritional labeling provided no nutritional claims are made. An establishment that wholesales product must submit annual notification to FDA to maintain existing exemption. NOTE: a firm with less than 10 employees and less than 10,000 units sold does not have to apply to FDA for an exemption. |
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VII. |
Sales Dates: “Best if Used By,” “best before,” “best if used before,” “Sell by,” “use by,” and “use before” means the date by which the manufacturer, processor, or packager of a packaged food product recommends that the food product be sold for consumption based on the food product’s quality assurance period. These types of products may be sold past this date. Expiration Date – the specific products that are not permitted to be sold past this date include: OTC drugs, baby food, and infant formula* *The term required on infant formula products is “use by” date, not “expiration” date. |
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VIII. |
UPC Code: We do not regulate the UPC code. The following address and number is provided if you wish further information: Uniform Code Council The ODA Division of Food Safety should be notified when labeling violations are identified on food products that were not packaged at the retail level; and food products packaged at retail for distribution. Labels may be submitted to the Ohio Department of Agriculture for review and approval to the: |
Appendix D- Eggs sold at farmers’ markets:
Is a participant at a farmers’ market prohibited from offering other foods for sale such as poultry or eggs?
No. However, the farmers’ market participant selling any food items not listed above, including poultry
from their 1,000 or fewer flock of chickens or eggs from their 500 or fewer flock of hens will lose
exemption status and will need to become licensed as an RFE by the local health department having
jurisdiction
Appendix E- Mobile food sales at markets:
Mobile Retail Food Establishment
1. What is a Mobile Retail Food Establishment?
A Mobile Retail Food Establishment is defined in Chapter 3717 of the Ohio Revised Code as a retail food establishment that is operated from a movable vehicle or other portable structure, and that routinely changes location.
2. Is there a Limit to How Long a Mobile Retail Food Establishment May Operate from the Same Location?
Yes. If the establishment operates at any one location for more than forty consecutive days it is no longer considered a mobile retail food establishment.
3. How do you Determine if a Mobile Unit is a Mobile Retail Food Establishment or a Mobile Food Service Operation?
As with permanent retail food establishments and food service operations the determination is based upon the primary business of the facility, the type of foods being offered and the method of sale.
A mobile food service operation is a unit where food is prepared and/or served in individual portions. Served means a response made to an order for one or more individual portions of ready-to-eat food.
A mobile retail food establishment is a unit where food is processed, prepared, manufactured or otherwise held or handled for retail sale in bulk quantities.
4. What are Examples of Typical Mobile Retail Food Establishments?
· A mobile unit selling fresh or frozen meat, poultry or fish.
· A mobile unit selling fresh eggs.
· A mobile unit making and / or selling fudge by the pound.
5. Where Does the Operator of a Mobile Retail Food Establishment Get Licensed?
The operator of a Mobile Retail Food Establishment is licensed by the local health department where their business headquarters is located. The business headquarters is the business mailing address. The operator of a Mobile Retail Food Establishment that comes to Ohio from another state must obtain their license from the local health department where they first sell food from their unit.
6. How do I get a license?
You will need to contact the local health department. They will help guide you through the licensing process. They will identify the type of information that they require to determine if your unit meets the necessary criteria to become licensed. A few of the basic items that they will need include: a drawing or sketch of the layout of your mobile unit, an equipment listing, and a listing of the food products you plan to sell.
7. Are there Limitations to What Foods I can Sell from my Mobile Retail Food Establishment?
Yes. The foods that may be offered for sale are limited by the equipment and facilities provided on the mobile unit. The local health department will determine your equipment needs prior to issuing a license. They will sketch a diagram of your unit on the back of the license and identify the types of foods that you are approved to offer for sale.
8. Do I have to Obtain a Mobile Retail Food Establishment License from each Local Health Department that has Jurisdiction Over the Area where I set My Unit Up to Sell Food?
No. The license you obtain from the local health department where your business headquarters is located will be given “full faith and credit” by all local health departments in Ohio.
9. What are Examples of Mobile Units that would be Exempt from a Mobile Retail Food Establishment License?
· A mobile unit selling fresh fruits and fresh vegetables that are unprocessed.
· A mobile unit with alcoholic beverages and/or prepackaged beverages that are not potentially hazardous.
· A mobile unit with commercially pre-packaged non-potentially hazardous foods in displays up to 200 cubic feet.
