Adopted March 2018. Amended June 2018, April 2019.
All members of the Ellsworth Farmers’ Market agree to abide by the following rules.
1. Membership Selection
a. New applicants must submit applications to the Secretary. The Secretary will present applications to the full membership at the annual meeting, held in the first quarter of the year (typically March).
Members will vote on each application in accordance with market by-laws.
i. Applicants must indicate on their application which market locations/days they would like to attend and what products they will sell. Members may attend markets only at the locations for which they have applied and been approved to attend.
ii. An application or application change (product or location) received after the annual meeting will be brought to a membership vote at a special meeting if the Steering Committee screens and approves it.
iii. After membership votes, the Secretary will notify prospective applicants of their status.
b. Returning members in good standing will be automatically reinstated. If a member does not attend at least one market during the season, they must reapply to be considered as a new member the following year.
c. No member will have the right to sell, sublease, transfer, or permit any other producer to use his/her stand. d. Guest vendors may attend the market up to 2 times per calendar year. To be authorized to attend, a guest vendor must submit an application to the Secretary and be approved by the Steering Committee. Guest vendors must adhere to all market rules excluding payment of annual dues. Guest vendors will pay twice the member set-up fee for each market day they attend.
d. Guest vendors may attend the mkt up to 2 times in summer during outdoor season and 1 time during winters season. To be authorized, guest vendor must submit an application to the Secretary and be approved by the steering committee.Guest vendors will pay twice the member set up fee for each market day they attend.
e. Each season, the Steering Committee may permit one guest vendor to attend more than twice per season and to pay the regular member set-up fee.
f. Non food vendors shall not exceed 25% of the total membership.
2. Locations and times
a. The summer Saturday market will be open from 9:30 to 12:30 beginning on the first Saturday in May and ending on the last Saturday in October. The summer Monday and Thursday markets will be open from 2:00 to 5:30 beginning on the third Monday in June and ending on the last Monday or Thursday in October.
b. The summer Saturday market will be held in the lot of 190 Main Street in Ellsworth. The Monday/Thursday markets will be held in the lot of 245 Main Street. c. Changes to market locations and times will be approved by the members at a meeting.
a. Members must pay annual dues of $50.00. They must pay dues by the third Monday in April to be listed in the market brochure. Checks should be made payable to Ellsworth Farmers' Market Association and submitted to the Market Manager.
b. A $5.00 set-up fee will be paid by each member to the Market Manager at each market day attended.
4. Setting up at Market
a. No produce will be bagged or sold before 9:30 on Saturdays or 2:00 on Monday or Thursdays. The Market Manager will signal the start of the market.
b. Members must set up their displays in the space designated by the Market Manager.
c. All displays should be neat, tasteful, and safe. Members shall provide their own selling surfaces and clean up the space before leaving.
d. Maintenance by members of a clear walkway for customers to move from one vendor to another without obstruction is important and will be enforced by the Market Manager.
e. All canopies and umbrellas must have weights securely attached.
5. Member Conduct
a. Members must present themselves in an appropriate manner, dress, and state of cleanliness.
b. Members should behave in a cooperative manner with other members.
c. Consumption of alcoholic beverages by members at market is prohibited.
d. Sales will be conducted in an orderly business manner. No hawking, harassment, or calling out to attract buyers to your goods is permitted.
e. Each member is responsible for ensuring that anyone working or helping at his/her stand has read, understands, and agrees to follow the rules.
a. The market will carry general liability insurance to protect the market as a whole. Members are encouraged to carry their own general and product liability insurance to protect their individual business assets.
7. Regulatory Compliance
a. In accordance with Maine state law governing farmers’ markets, 75% of a member’s products sold at market must be produced by the member. The balance does not have to be produced by the member but must be produced in Maine. Non-food vendors will be limited to 25% of total vendors.
b. All members are required by law to obtain the proper licenses from the Department of Agriculture or other regulatory agencies for all products sold at the market. State inspectors may visit the market to verify proper licensing and food handling.
c. Scales used must be legal for trade. State regulations require annual scale testing, and a state scale inspector may visit the market to check the accuracy of your scales. d. Members representing their products as organic must have a valid certification from a recognized agency (such as MOFGA Certification Services) unless they are exempt from certification because they have annual gross organic sales of $5000 or less. Exempt producers must still comply with USDA organic production and handling standards.
8. Alternative Payment Methods
a. The market is authorized to accept SNAP/EBT, credit, and debit cards on behalf of members and will reimburse members for all card purchases after withholding an appropriate processing fee to be determined by the Steering Committee.
b. The market may also offer additional incentives to customers using SNAP as funding is available.
c. Members must adhere to relevant regulations for SNAP purchases and for purchases involving any grant-funded incentives.
d. On an individual basis, vendors may also choose to accept WIC Farmers’ Market Nutrition Program vouchers or other methods of payment.
9. Violation of the rules
a. Upon receiving a complaint that a member has violated a rule, the Chairperson shall appoint three members to investigate the complaint. If the majority of these members find that a violation has occurred, the Steering Committee shall meet to consider the report of the investigation committee. If the Steering Committee finds that a violation has taken place, it may cancel the membership of the accused member. Any member subject to such action, will be notified and given the opportunity to answer the charge at the meeting of the Steering Committee called to consider such charges.
10. Non-Discrimination Policy The Ellsworth Farmers’ Market Association is committed to providing an environment for its vendors, customers, volunteers and others present that is free from discrimination on the basis of race or color, citizenship, national origin, ancestry or ethnicity, religion or creed, political affiliation or belief, income, gender or gender expression, age, disability, health or medical status, marital status, sexual orientation, or military or veteran status, in all of its activities and operations.
11. Winter Market Vendors at the winter market must abide by all of the rules set forth above, with the following exceptions: a.The winter market will be located at the J&B Atlantic building and or the UU church of Ellsworth depending on space availability. It will operated 9:30-12:30 every Saturday from first Saturday in November until Christmas. Additional markets between Jan and April will be scheduled by the vote of the steering committee.
b. Members may arrive up to 1 hour before market starts to setup their booth and must be packed up within 1 hour of market close.
c. Members may use tables and chairs provided by the host site, and these must be put away after each market.
d. Annual dues for winter-only members are $25.00. The weekly winter setup fee will equal the location rental fee divided by the number of members present.
e. Applicants to the winter market will be voted on by winter market members at a special meeting. If a member who attends in winter wishes to attend the summer markets, summer market members will vote on their application prior to the summer market.
f. If a new winter vendor joins the summer market, he/she will pay a $25.00 additional membership fee for a total of $50.00 for the year.