Market Rules

HELENA FARMERS’ MARKET INC.

SELLERS’ RULES

Helena Farmers’ Market Inc. is a non-profit corporation formed in 1974 to provide for an ongoing seasonal farmers’ market. Fees collected are used for insurance, licenses, advertising, market manager wages, etc. Sellers are expected to abide by the following rules: Any violation of the rules may result in immediate suspension of selling privileges.

1. Only Montana agricultural products and hand crafted items produced or manufactured by the vendors, baked goods, jam and jellies, etc may be sold at the Helena Farmers’ Market.

2. Vendors are not to arrive at the market place on Saturday before 6:30 a.m. and must clean up their area and leave as soon as possible after the market closes at 1:00 p.m.

DO NOT put your garbage in any of the dumpsters around the market area. These dumpsters are for the business establishments on Fuller Avenue and they are charged for them. We have had several complaints about vendors putting their garbage in those dumpsters. You brought the garbage with you when you came into the market; you take it with you when you leave the market.

3. Non-reserved vendors must check in with the market manager prior to entering the market and/or setting up their space. All non-reserved vendors must pay $15.00 per 10 feet of space.

Reserved vendors must notify the Market Manager prior to the start of each season if they wish to retain or give up the reserved space they occupied the season before. Reserved vendors must also prepay the non-refundable fee for their space prior to June 1^st each season and are entitled to a seasonal, reserved space each market day. The vendor will retain the same location through out the season. Any prior year reserved spaces not re-reserved by June 1^st each year, will be assigned to a new vendor on that date. The fees for reserved spaces are: $225 for 10 feet; $375 for 20 feet; $525 for 30 feet, $675 for 40 feet and $825 for 50 feet.

Payment for reserved spaces will not be accepted prior to the Vendors Meeting which is held in mid April each year. New reserved spaces will be assigned at the vendors meeting. Vendors, old and new, may also pay for their reserved spaces at this meeting.

If a reserved space is not occupied by 8:00 a.m. on Saturday market day, the Market Manager may reassign that space for the day to another vendor. However, if the reserved vendor knows in advance that he/she will arrive at the market later than 8:00 a.m., he/she MUST call the Market Manager at 437-1855 prior to 8:00 a.m. and request that the manager keep his/her space open for him/her due to late arrival. If the reserved vendor knows he/she will not be present on a certain market day, please notify the Market Manager in advance of that day so that the space can be assigned to another vendor for the day without having to wait until the 8:00 a.m. deadline.

Non reserved vendor (day vendors) spaces will not be assigned prior to 8:00 A.M. unless the market manager is aware of an empty reserved space prior to 8:00 A.M. Please, do not show up at the market area and start to set up prior to 8:00 A.M. unless you have been already been assigned a space by the market manager for that day. You will be asked to remove your goods from the space if you set up in a reserved space and that vendor is at the market.

The Saturday market is held on Fuller Avenue and opens for business at 9:00 a.m. and closes at 1:00 p.m. Set up time is 6:30 a.m. to 8:45 a.m.

4. Vehicles are not allowed to remain in the market area. Vendors may drive their vehicle into the market area, unload your product, tables, etc. AND IMMEDIATLEY REMOVE YOUR VEHICLE FROM THE MARKET AREA BEFORE SETTING UP YOUR STAND. ALL VEHICLES MUST BE REMOVED FROM THE MARKET AREA BY 8:45 A.M. You may bring your product into the market area in a small trailer, leave the trailer in the market area, but remove your vehicle. The trailer must be small enough that if you set up along side of it, the total width is not over 10 feet from the curb. All tables and canopies must be set up so as not to exceed 10 feet from the curb. Refrigerated trucks and trucks requiring electric scales or generators, etc. will be allowed to remain in the market area, but must be assigned a space at either end of the market area. VENDORS ARE NOT ALLOWED TO BRING THEIR VEHICLES INTO THE MARKET AREA AT THE END OF THE MARKET UNTIL THE MARKET CLOSES AT 1:00 P.M. VENDORS MUST HAVE ALL OF THEIR REMAINING PRODUCT PACKED, STACKED AND TABLES TORE DOWN BEFORE BRINGING IN THEIR VEHICLE. ENTER THE MARKET AREA FROM THE SOUTH ENTRANCE ONLY. DO NOT PARK IN THE MIDDLE OF THE STREET WHEN UNLOADING OR LOADING; LEAVE ROOM FOR ANOTHER VEHICLE TO BE ABLE TO PASS YOU ON ONE SIDE. If a vendor needs to leave the market early and needs to load their tables, etch into their vehicle, they must get permission from the Market Manager prior to set up and will be assigned a space for the day at either end of the market in order to be able to load their vehicle without bringing it into the market. Early departing from the inside area (not ends) requires the vendor to hand carry all remaining product, tables, etc to their vehicle. The 20 foot fire lane must be kept open before, during and after market hours; from the time the road closure signs are put up and until they are taken down. The 20 foot fire lane is 10 feet on each side of the yellow line down the middle of the street.

5. All produce should be fresh and clean. Produce being sold must not be in contact with the ground. Non-edible products are exempt from this provision.

6. All vendors must: a). plainly display an 8 ½ by 11 inch card (or larger) with their NAME, CITY, STATE AND ZIP CODE ON IT. B.) provide all sales equipment and c.) establish product pricing. If your product is sold by weight, the weight scales MUST BE INSPECED AND CERTIFIED BY THE STATE DIVISION OF WEIGHTS AND MEASURES AND THE INSPECTION SEAL ATTACHED TO THE SCALE PRIOR TO YOU ENTERING THE MARKET. The scales must be positioned in your selling area so that the customer has actual visual contact with the scale and can read the weight of their purchase. The vendor must also have a printed list, in plain view for customer reference, of each of the items for sale with the price per pound of each item plainly listed.

7. SAMPLES : In order to comply with the State of Montana and Lewis and Clark County Health Department rules and regulations, samples of cut fruit or produce, unwrapped sliced baked goods, unsealed preserves or other cut, unwrapped or unsealed food products will not be allowed. See rule 12 below on violations. Samples of whole fruit or vegetables is allowed but must be in their whole form. Example: A whole peach or cherry. Samples of baked goods or candies is allowed if the sample is wrapped. Example: A whole cookie or a wrapped slice of banana bread. Jam preserves, salsa, syrup, honey, etc samples must be in a vacuum sealed jar and the entire sealed jar given as a sample.

8. RESTRICTED PRODUCT SALES:

a.) Honey sales: Only honey produced from hives licensed by the Montana Department of Agriculture may be sold. Honey must be processed in accordance with the State and County Health Department rules and regulations. Plastic or glass containers are suggested.

b.) Eggs: Seller must abide by the Montana Department of Livestock, Egg and Milk Division and Lewis and Clark County Health Department rules and regulations.

c.) Baked goods, candies and preserves: These items may be sold at the Helena Farmers Market (sections 50-50-102, 50-50-202, MCA enacted by the 1995 Montana Legislature). All such items must be labeled with the ingredients and preparer’s name and address neatly printed or typed and legible on each container or individually wrapped item. It is the responsibility of the individual seller to ensure that such products are fresh and of the highest quality. Each individual seller must provide the Market Manager with a list of all food items they will be selling at each market.

NOTE: Any vendor selling any baked goods, candies and preserves must complete the Lewis & Clark City-County Health Department Farmer’s Market Food Exemption Registration form. COMPLETE THE FORM AND RETURN IT TO THE LEWIS & CLARK COUNTY HEALTH DEPARTMENT LOCATED AT 1930 9^TH AVENUE, HELENA, MT. FOR THEIR APPROVAL/DISAPPROVAL. IF APPROVED, THE ISSUED LICENSE MUST BE POSTED AT YOUR BOTH AT THE MARKET. IF YOU DO NOT HAVE A LICENSE IN-HAND, YOU WILL NOT BE ALLOWED TO SELL AT THE MARKET.

d.) Other processed foods, fish and meats: Only State of Montana Licensed Food Purveyors are permitted to sell these products at the Market provided that their license or copy thereof, is posted at their selling area. This includes ready to eat food such as hot dogs, hamburgers, Bar-B-Q sandwiches, etc.

e.) Nursery stock: Contact the Montana Department of Agriculture to see if you are required to have a nursery license.

f.) Organic produce/food: In order to sell your products as “organic,” you must be certified organic through an approved certifying agency.

g.) Sale of animals: All animals being sold (i.e. rabbits, chickens, pups, etc) MUST BE CONFINED. Vendors are not allowed to bring their pets to the market.

h.) Food stands: All vendors selling hot dogs, sandwiches, etc. must display their OPEN AIR FOOD PURVEYOR LICENSE issued by the Lewis and Clark County Health Department.

9. The sale of locally produced handcrafted items is encouraged. Sale of garage sale or flea market type items is not permitted.

10. City of Helena, Lewis and Clark County and State of Montana Ordinances are enforced.

11. Any activity, which may jeopardize the status of the Helena Farmers’ Market as a non-profit corporation is prohibited. Handouts, petition drives, or solicitations by anyone is not permitted within the blocked off market area but is allowed outside of the blocked off area, either at the south or north end of Fuller Ave.

12. Vendors not complying with any of the above market rules, state and county health department rules, fire lane codes, etc shall receive a written notice from the Market Manager for each violation. Upon receiving the third written violation notice during the market season, the vendor will be allowed a hearing before the Board of Directors and may be expelled from the market for the season

13. The Helena Farmers Market is not responsible for any breakage or loss of any vendor’s product. The vendor must obtain their own private insurance if they want their product covered by insurance.

FOR MORE INFORMATION, PLEASE CALL: Mike Burke, Market Manager 406-437-1855 after 5:00 p.m. or Wayne O’Brien, Board President, 406-449-7446 Ext 301.

CONTACTS:

Websites:
www.helenafarmersmarket.com

http://agr.mtgov/business/farmersMkts09/pdf

Food Purveyor (to establish a certified, inspected kitchen)

Food and Consumer Safety Section
Department of Public Health and Human Services
P.O. Box 202951
Helena, Mt 59620-2951

Contact: Barb Sliva-Licensing Specialist, Western Montana
(406) 444-2415 E-mail: bsliva@mt.gov

Nursery Stock

Department of Agriculture
Field Service Bureau
P.O. Box 200201
Helena, Mt 59620-7336

Contact: Lynn Jones
(406) 444-5400 Fax: (406) 444-7336 E-mail: agr@mt.gov

Weighing & Measuring Devices*

Department of Labor and Industry
Bureau of Weights and Measures
301 S. Park Ave., Room 464
Helena, Mt 59620-0516

Contact: Depart of Labor and Industry

(406) 841-2240 E-mail: clarkin@mt.gov

*Required for all businesses or vendors that use scales or meters to weigh or measure any product that they will buy or sell. Examples includes scales used to weigh fruit, vegetables, candy, meats, etc.

Baked goods, preserves, candies (for questions if other food items other than those mentioned here can be sold)

Lewis and Clark County Health Department
1930 9^th Avenue
Helena, Mt 59601

e-mail applications to:

ihendley@co.lewis-clark.mt.us phone 447-8352 Laura Hendley

jgeach@co.lewis-clark.mt.us phone 457-8937 John Geach

Helena Farmers’ Market
PO Box 938
Helena, MT 59624
406-437-1855
manager@helenafarmersmarket.com
www.helenafarmersmarket.com