Rules and Regulations

MISSION STATEMENT

The mission of the Farmers Market is to:

•  Provide an opportunity for local farmers, fishers, and food producers to sell their wares directly to the consumer.

• Foster social gatherings, entrepreneurship, and community engagement.

• Educating the populace about the importance of growing local agriculture initiatives to leave for the next generation.

 ALLOWABLE PRODUCTS

• All agricultural products may be sold at the market, including but not limited to locally grown fruits and vegetables, dairy products, meats, flowers, plants, honey products, maple products, NYS wines sold by a farm winery, eggs, herbs, soap, and related herbal products.

• All products not produced by the vendor need to be labeled as such.

• Only 25% of the display may be brought in.  

• Only crafts made by an existing vendor may be sold.

ATTENDANCE

• Vendor attendance is critical to the success of the market. No vendors, no customers.

• Two absences are allowed in a season.

• With more than 2 unexcused absences, a vendor is subject to removal without a refund.

• Call or text 631-871-8185 if necessary.

• The market operates rain or shine except in circumstances of hazardous weather.  In the event of a need to cancel, the market manager will let the vendors know by text at 5:00 PM the day before.

VENDOR SETUP, TENTS, PARKING AND GARBAGE

• Spaces are assigned by the market manager.

• Tents must be of a professional quality. Eurmax, E-ZUP and many other vendors make professional-grade tents. Lightweight “backyard” and “beach” tents are not allowed.

• All vendors must have a tent weight in place for each tent leg.

• The market is pack-in and pack-out; the vendor removes all garbage.

• Town or Village or private property garbage bins cannot be used for vendor trash.

• A vendor must be in their space, with their car parked and ready to sell by the opening bell.

VENDOR INSURANCE AND PERMIT REQUIREMENTS

• All vendors must provide proof of general liability coverage in the amount of $1 million dollars with the names of the additional insured as required per the individual market.

• No vendor is allowed on the property without insurance certificates in the hands of the manager.

• All insurance certificates should be uploaded or emailed to manager@eastendfarmersmarkets.com

• While not an endorsement, many of our vendors have signed up with web based https://www.campbellriskmanagement.com/

• Vendors are responsible for the actions of their representatives, employees, or agents.

• Vendors must have all applicable permits. The end of this document contains a list of permits, licenses, and certificates that are required of vendors.

• A copy of all/any applicable licenses, certifications and permits must be sent to the manager at the start of the season.

 VENDOR SELECTION

• Preference is given to those vendors who have products and ingredients made locally, in East End Towns, on Long Island or NY State.

FEES

•  Fees are paid in full before the start of the market season.

• Checks are made out to East End Farmers Market LLC and sent to POB 937 Sag Harbor, NY 11963 or

• Through the Venmo account @EHFM11937

COMPLIANCE & COMPLAINTS

• To assure the overall quality of the market these rules and regulations are enforced.

• Violations of the rules of the market are grounds for dismissal from the market without a refund.

• All vendor complaints must be addressed to the market manager.

PERMITS, LICENSES & CERTIFICATES

The following is a checklist that will help you to understand the permits, licenses, and certificates that are required of sellers of various products commonly found in farmers’ markets. This checklist is not exhaustive but is a general guideline. Please consult the inspection agencies listed at the end for further assistance.

 Fresh Produce

No permits, licenses, or certificates are required if raw, uncut, and unprocessed.

Plant Sales—only one nursery license is required and must be posted publicly at the time of sale.

NYS Department of Agriculture & Markets Nursery Growers License, if engaged in the production of plant material intended for sale. A nursery grower is also permitted to purchase and resell plant material under this same license.

NYS Department of Agriculture & Markets Nursery Dealers License, if purchasing and reselling plant material only and the vendor is not involved in any growing of potted plant material

Valid NYS Sales Tax Certificate

 Eggs

No permits, licenses, or certificates required, for cleaned shell eggs maintained at 45 degrees F or less. 

Eggs must be from farm-owned hens (not purchased eggs).

Honey, Maple Syrup

No permits, licenses, or certificates required, if single-ingredient products.

Article 20C License from NYS Dept. of Agriculture & Markets, if additional ingredients are added to the products; i.e., maple mustard, maple cotton candy, etc.

 Baked Goods

20C Exemption from NYS Dept of Agriculture & Markets if home-baked, non-hazardous; ie., bread (no breads containing fruits or vegetables), rolls, cookies, cakes, brownies, fudge, and double-crust fruit pies. (Quickbreads are considered potentially hazardous and cannot be done under 20C Exemptions.)  No Internet sales or advertising allowed.

Article 20C License from NYS Dept. of Agriculture & Markets on all other baked products provided the business does 51% of its sales at wholesale. (Requires a separate, commercial kitchen.)

All other baked goods must come from a licensed NYS Department of Health facility.

 Cider/Fruit Juice

Article 20C License from NYS Dept of Agriculture & Markets for manufacturers/bottlers.

All cider and fruit juices must be pasteurized or UV treated

New York State Wines

Farm Winery Permit, issued by the NYS Liquor Authority

Valid NYS Sales Tax Certificate

 Processed Foods

20C Exemption from NYS Dept. of Agriculture & Markets, for non-hazardous foods only, including traditional fruit jams, jellies, and marmalades; candy (excluding chocolate); spices and herbs repackaging only); and snack items such as popcorn, caramel corn, and peanut brittle.

Article 20C License from NYS Dept of Agriculture & Markets, prepackaged and labeled in accordance with NYS Food Labeling Law: Identity of food in package form; name of manufacturer, packer, or distributor; place of business; ingredient declaration in descending order of predominance by weight; and net quantity of contents.

County Board of Health Permit if processing is on-site; i.e. cutting of baked goods to be sold by the piece, slicing of cheese to be sold by the pound; cooking and selling ready-to-eat foods

Home processing of canned fruits and vegetables is not permitted. All canned fruits and vegetables must be done under 20C License and registered with the Federal government as a food processor.

Article 20C License from NYS Dept. of Agriculture & Markets is required for dehydrating herbs and spices or for the blending of any spices for repackaging.

Anyone wishing to sell CBD products must acquire an “Industrial Hemp Research Partner Authorization” license from NYS Dept of Ag and Markets.

Meats—License is required if grinding or processing. License is not required for cutting.

 Red Meat (Beef, lamb, goat)

USDA slaughtered and/or processed must have USDA legend

Article 28D License required if warehousing for wholesale

Must be maintained at 0ºF or below if sold frozen. 40ºF if sold fresh.

 Chicken

License not required to sell 250 turkeys or 1,000 birds of other species.*

No license required if USDA slaughtered.

Article 28 License if warehousing for wholesale accounts.

Article 5A license required if selling over 250 turkeys or 1,000 birds of other species.*

* 250 turkeys or 1,000 birds of other species processed annually.

Exotic Meat

Must be slaughtered at an Article 5A licensed establishment.

Must be labeled “Processed at an NYSDAM facility.”

Article 28 License required if warehousing for wholesale accounts, if not licensed under Article 5A.

Processed Meats

Article 20C license from the NYS Dept. of Agriculture & Markets.

Fish

No permit, license, or certificate is required if a freshwater fisherman is selling only whole, non-protected species.

Article 20C License from NYS Dept of Agriculture & Market if fish is pan-ready.

NYS DEC hatchery permit required if selling protected freshwater species.

NYS DEC permit required if re-selling any protected freshwater species.

NYS DEC Food Fish License to catch and sell marine fish.

NYS DEC Food Fish and Crustacean Dealers & Shippers License to resell marine fish purchased from a licensed fisherman

Dairy

Cheese & Other Dairy Products (such as yogurt, butter, sour cream)

For producers, Part II Permit, issued by the NYS Dept. of Agriculture & Markets Division of Milk Control and Dairy Services.

If cut and wrap cheese, need Part II Permit issued by Division of Milk Control and Dairy Services unless part of a food establishment regulated by Division of Food Safety, in which case just need Article 20C License.

Milk and Fluid Milk Products (such as 2%, 1%, and non-fat milk)

Milk must be pasteurized.

Producer must have Part II Permit issued by Division of Milk Control and Dairy Services. 

Producer and any distributor must have a Milk Dealers license issued by Division of Milk Control and Dairy Services unless amount handled is less than 3,000 pounds per month.

Grains and Legumes  (prepackaged—cannot be packed on site)

No permits, licenses, or certificates are required.

Fresh-Cut/Dried Flowers

Valid NYS Sales Tax Permit.

For additional information, call:

 NYS Dept. of Agriculture & Markets, Division of Food Safety:

Albany Region:                      518-457-5459

Syracuse Region:                    315-487-0852

Rochester Region:                  585-427-2273

Buffalo Region:                      716-847-3185

New York City:                      718-722-2876

 NYS Dept. of Agriculture & Markets, Division of Milk Control & Dairy Services: 518-457-1772

 NYS Dept. of Agriculture & Markets, Division of Plant Industry:  518-457-2087

 NYS Dept. of Environmental Conservation, Permitting Office: 631-444-0471

 Compiled by the Farmers’ Market Federation of New York, 2009