1. The Saturday Market is located in the Wharf Parking Lot bordered by Johnson Street and Byers Street in Staunton. All further references to "the Market" refer specifically to the Saturday Market.

2. The Market will be open for retail sales between the hours of 7:00 A.M. and Noon on each Saturday of the Market season as designated by the Market Committee. The season for 2010 is from April 3 through November 20. The Market will be held every Saturday during the season, regardless of weather.

3. A Producer Certificate and Hold Harmless Agreement must be completed before selling at the Market. These are available at no charge from the Market Master.

The purpose of the Producer Certificate is to document that the products sold originate with the Producer. The Market Master will retain this Certificate and will provide a copy to the City Attorney in the City of Staunton. Producers are exempt from purchasing a business license for the purpose of selling at the Market. The Producers’ Certificates are valid for one season.

The Hold Harmless Agreement means that the Producer will hold the City of Staunton and Augusta County harmless in the event of product liability or other factors that relate specifically to the Producers’ business practices.

4. The Staunton/Augusta Farmers’ Market does not charge a membership fee. Fees collected by the Market are for the express purpose of promoting and operating the Market. This includes, but is not limited to, advertising, administrative expenses and a salary for the Market Master. 2

5. Displays must be confined to the area within the allocated space and must not impede pedestrian traffic. A space is defined as the area between two lines and marked with a numeral. This includes the brick or asphalt area in front of the numbered space. Producers will sell only from the space(s) assigned by the Market Committee. Any display or practice that is judged by the Market Master and/or Committee to be a safety hazard will be discontinued. Vehicles larger than a one-ton truck are not allowed. No refrigerated trucks are allowed.

6. When checking out, all Producers will pay the Market Master 4% of their gross daily sales (this is the Market fee). This fee will be paid each week the Producer sells at the Market and is in addition to any seasonal or one-time reserved space fees that a Producer pays.

7. The appropriate state sales tax is also collected (unless Producers pay taxes directly to the state). The Producer must provide the Market Master with a sales tax identification number if they will pay sales tax directly to the state.

8. Producers may reserve a space for the entire season by paying a fee of $50.00. If a Producer desires to reserve a second, adjacent space (subject to availability), the cost is an additional $110.00 for the season. Spaces will be limited to two per Producer.

In order to have a reserved space for 2010, a Producer must have had a minimum of 15 Market days participation at the Market for the year 2009. Producers who meet this criterion from the previous season will be given first right of refusal for use of the same space. This first right of refusal must be exercised by the Annual Meeting in 2010. A Producer must contact the Market Master if they will not be attending the Annual Meeting. When a space is available, preference will be given to those who attended the most Market days the previous season. Fees for reserved spaces must be paid in full before March 1, 2010. All guest vendors – those established vendors who do not meet the reserved space requirements – and all new vendors must submit a new application form each year. Preference will be given to guest vendors who participate on a regular basis. For the year 2011, the vendor must have a minimum attendance of 20 days in 2010 to have a reserved space.

a. A producer with no reserved spaces may rent an available, unreserved space in any area of the Market (first or second row) for the annual $50.00 fee for a single space

b. The Market Master designates the vending location for all Producers. If the Market Master judges it necessary, a Producer may be required to relocate.

9. Producers will be set up and ready to do business by 6:45 A.M. so the Market will open at 7:00 A.M. At 7am the entrance to the vending area will be closed. No vehicular traffic will be permitted in the vending area during market hours. Call the Market Master when running late. Late arrivals will be assigned a space where setup will make the least impact on the operation of the Market and the safety of the customers.

If you notify the Market Master that you will be late, the space may not be reassigned. Contact the Market Master in advance if you plan to be absent on Saturday. The Market Committee will provide phone numbers.

Each Producer is expected to stop selling at Noon and have all products, displays, boxes, containers, etc. removed by 12:30 P.M. The Market Master and/or Committee will have the authority to change the Market hours on special occasions.

The East side of the Wharf parking lot is reserved for customer parking only.  

10. The Staunton/Augusta Farmers’ Market was founded on the Producer-only principle: ALL PRODUCTS SOLD MUST BE RAISED OR MADE BY THE VENDOR. The Market has flourished under this rule. The Producer Only Rules nurture local farmers and insure the freshest and highest quality foods possible for our customers. NO RESALE OF ANY PRODUCT IS ALLOWED – EVER. Only Producers may sell at the SAFMarket(s). A vendor/producer is defined as a grower, baker, prepared food maker, employee, or immediate family member who is directly engaged in the growth, harvesting or production, of the products sold. All vendors’ market staff must be identified in the producers’ certificate.

New vendors will be accepted at the discretion of the Market Committee. Preference will be given to those applicants who have a VDACS inspected kitchen and who are growing their own ingredients for processed food items.

Staunton/Augusta Farmers’ Market Producer Only Rules:

a. If legal employee status is claimed, then that employee must be directly involved in the production process. Evidence of the existence of such employment, for example a pay stub or tax record, must be submitted with the Producer’s Certificate prior to selling at the Market. Certificates may be amended as necessary throughout the season.

b. Production of all goods sold at the Market must take place within a 50-mile radius of the Market.

c. Selling of items purchased from or provided by another Producer, wholesaler, or market is not permitted. Producers found in violation of these rules shall be asked to remove the item(s) in question or relinquish their space and forfeit any fees paid to the Staunton/Augusta Farmers’ Market.

d. Complaints by a Producer of known or suspected violations of these Rules must be submitted to the Market Master. All complaints will be kept confidential. The Market Master will schedule a site visit to the suspected Producer’s production site. Producers refusing to allow a site visit and inspection will no longer be allowed to sell at the Market. ALL PRODUCERS ARE SUBJECT TO INSPECTIONS BY THE MARKET MASTER.

11. Producers may sell farm and kitchen products including (but not limited to): fruit, vegetables, eggs, cut flowers, plants, cheese, meats, cider, jams, jellies, relishes, honey, home canned goods and baked goods. Canned fruit and vegetables or egg-based baked goods are not permitted without approval of the local Department of Health. Many items are subject to USDA, Virginia Department of Agriculture and Consumer Services and/or Health Department regulations. It is the sole responsibility of the Producer to abide by these regulations. Producers must contact these agencies for inspection and approval. The Market Committee permits no cooking within the Market area without prior approval. The sale of cooked meats, game, poultry or fish is allowed if the food comes from a VDACS inspected and approved kitchen and is held at proper temperature at the Market. In order to sell raw, fresh, frozen, or cooked meats, game, fish, or poultry, each item must have been raised by the Producer, must meet all legal requirements for retail sale, and must be maintained at an approved temperature at the Market site. In some cases, the item may also be required to carry a USDA label. Eggs, poultry and rabbit are examples of farm products that do not require a USDA label, but they do need to be held at proper temperature. 4

Products described in any manner as "organic" must meet federal and state regulations for such labeling. Producers are required to file a copy of all relevant certificates with the Market Master.

It is the responsibility of each Producer to abide by all state and federal regulations, which govern the production, harvest, preparation, preservation, labeling, or safety of products offered for sale at the Market. This includes scales that are certified legal for trade. Producers are liable for their own products. Market management, the City of Staunton and/or Augusta County will not be held liable for the products offered by Producers. Product liability insurance is the sole responsibility of the Producer.

Value-added agriculturally based products made of at least 60% producer grown parts will be permitted, subject to prior approval by the Market Committee. The other 40% shall not exceed the value of the produced items, i.e., selling a plant with a highly valued ceramic pot.

The Producer’s Certificate and the Hold Harmless Agreement must be completed and given to the Market Master prior to selling. Anyone wishing to sell any non-conventional item must present said item to the Market Committee for approval prior to selling. Times and locations of the committee meetings will be available from the Market Master or Committee members.

12. No poultry, game, or livestock will be slaughtered or dressed within the Market area.

13. The sale and/or display of live animals is not allowed at the Market.

14. Electrical generators are not allowed at the Market. There is an ample supply of power outlets available for $3.00 per Market day (payable to the City via the Market Master). These are available on a first-come, first-serve basis. Producers must bring their own all-weather extension cords. Electrical cords must not be a tripping hazard.

15. Solicitation for products, services, or charitable contributions not specifically identified as a Market commodity is not permitted without prior permission of the Market Master and/or the Market Committee.

16. Producers must be fourteen years of age or older. However, younger children are welcome and encouraged to participate when directly supervised by an adult responsible for the child’s conduct and safety.

17. Safety for our customers and Producers is a top priority. Disruptive and/or unsafe behavior will not be tolerated. Parents and/or guardians will see that their children’s behavior meets the expectations of a place of business. Riding bicycles, tricycles, skateboards, roller skates, roller blades or other wheeled vehicles are prohibited on the Wharf Parking Lot or adjacent sidewalks. Running, throwing objects and/or other playground activities are also prohibited.

18. In accordance with state and local food safety regulations, all Producers will try to restrict animals from having direct access to or direct contact with food items. Producers will not be permitted to bring pets to the Market.

19. Fraudulent, dishonest or deceptive merchandising or collusion to set prices among Producers may be grounds for forfeiture of the right to do business of any kind in the Market for a length of time to be determined by the Market Committee.

20. The Market Committee welcomes educational, agriculturally based organizations, with prior approval.

21. Producers will be solely responsible at all times for the cleanliness within their vending area. Each Producer is 5

required to leave the space clean at the end of the Market session. Producers will provide their own broom, dustpans and trash bags. The Producer must remove all trash from their space at the Market site.

22. Wild flowers or plants sold at the Market must not be on the state or federal list of rare wild plants published by the Division of Natural Heritage. See the County Extension office for a current list.

23. The Market is authorized and operates solely for the limited purposes identified in Staunton City Code Section 12.35.020. The Market is not created as or intended as a forum.

24. Even with the approval of these rules by the Staunton City Manager, the rules do not constitute any waiver of any sovereign or other immunity of City, its council members, officials, employees, agents, or responsible parties or the Market as to any liability or other claim.

25. The operation of the Market will be governed by the Staunton City Code and the laws of the Commonwealth of Virginia.

26. Any commitments of the City as to the Market are contingent upon and subject to appropriation of sufficient funds for the purpose of this agreement.

27. The Market Master will enforce all Rules and Regulations within the Market area as authorized by the appropriate section of these Rules and Regulations consistent with the Staunton City Code and any other applicable law. Failure by any Producer to comply with any of these Rules and Regulations will result in the forfeiture of the right to be a participant in the Market for a length of time determined by the Market Committee.

* Public rest rooms are located in the Public Parking Garage on Johnson Street

* Be aware of tripping hazards in the pedestrian area. It is best to raise all displays (especially food items) at least 24 inches from the ground.

* The large green trash cans should not be used for vendor trash.

* Selling below a fair market price is harmful to all vendors and strongly discouraged.

The Market Master for 2010 is Tom Womack. Phone: (540)448-1937; e-mail: hhi@ntelos.net