Clarendon Farmers Market Rules

1) Eligible Sellers

a) The farmers market operated by the Clarendon Alliance is a producer-only market, and the Clarendon Alliance retains sole authority to determine who is eligible to vend at the market.

b) Three categories of producers are eligible to apply to sell at the Clarendon Farmers Market:

i) Producers of locally grown fruit and vegetables, and locally raised meat, eggs, and dairy, sold directly by producers;

ii) Producers of fresh prepared foods, beverages or other products as outlined in these rules;

iii) Local artisans who create high-quality goods using their own designs and processes.

c) “Producers” may include agricultural and horticultural producers, home bakers, and small, commercial bakeries with less than 5 employees. Each producer must have at least a 50% financial/labor investment in any product sold.

i) A producer may be a sole proprietorship, a partnership or a corporation, and may utilize family members and/or employees to assist in the sale of products brought to market.

ii) All products to be sold must be grown or produced by the seller to whom space has been assigned, or by an immediate neighbor to whom the products are consigned for sale at the Clarendon Farmers Market.

d) All production locations must be within a 125 mile radius of Arlington, Virginia.

e) A producer may not re-sell items purchased from another farm or supplier.

 2) Eligible Products

a) In general, products that are eligible for sale at Producer-only Farmers Markets under Virginia regulations shall be eligible to be sold at the Clarendon Farmers Market. These include:

i) Fruits, vegetables, berries, nuts, plants, compost, herbs and herbal products, mushrooms, flowers, baked goods, cider, honey, jams and jellies, and approved meats, eggs, and cheese products.

ii) Baked goods which have been mixed, baked, finished, and packaged for sale by the seller; repackaging of goods prepared by others is prohibited.

iii) Acidified canned goods produced in a licensed kitchen by the producer and seller.

b) Cider is permitted only if it is pressed by the seller or if it is pressed exclusively from the seller’s fruit.

i) Cider produced by the sale of apples to an operator of a press and the subsequent purchase of bottled cider back from the press operator shall not be considered to have been produced exclusively from the seller’s fruit.

c) Farm crafts produced from materials grown by the seller (such as flower and herb wreaths, or holiday greenery) are allowed.

d) Handcrafted candles and soaps are permitted.

e) Locally produced items not listed here may be allowed for sale only through authorization by the Clarendon Alliance.

 3) Ineligible Products

a) No grills or on-site cooking is allowed at the Market.

b) No live poultry or fish may be sold

c) “Potentially Hazardous” food products may not be sold without appropriate temperature controls.

d) No repackaged goods prepared by others may be sold.

 4) Determination of Eligibility

a) The Clarendon Alliance, through the Market Coordinator, shall be solely responsible for determining the eligibility of any producer to participate at the Market.

 5) Market Location

a) The Clarendon Farmer’s Market is located in Clarendon Central Park, in the area bounded by N. Highland Street, Wilson Blvd, and Clarendon Blvd.

b) Booth spaces are 10 feet by 10 feet. The Market Manager shall attempt to site sellers as closely as possible to the Seller’s preferred site.  The Market Manager may make additional space available to sellers as space is available.

 6) Market Schedule

a) Generally, the Clarendon Farmers Market is open each Wednesday from April into November.

(1) The Clarendon Farmers Market will close for the season on a date mutually agreed to by the market vendors.  Our license to operate allows us to open on April 1.

 7) Market Space Allocation

a) The Clarendon Alliance will reserve space at the Clarendon Farmers Market

i) First, to returning exhibitors;

ii) Second, to exhibitors who commit to vend during the entire market;

iii) Third, to local food producers on a space available basis;

iv) Fourth, to local artisans on a space available basis.

b) Fees for the Clarendon Farmers Market are $15/day: The CA may reduce or waive the fee at its sole discretion.

i) Reserved parking for farmers is also available as part of the daily fee.

ii) Market fees shall be collected by the Market Manager each market day, and a receipt shall be provided by the Market Manager upon payment.

 8) Application Requirements

1) Producers or sellers applying to sell at an individual market shall first submit an on-line application, and complete all other forms required under Virginia law.

a) All sellers must affirm that they have read and will adhere to all Market rules and liability requirements.

i) Depending on the nature of the goods to be sold, additional documentation may be required. The Clarendon Alliance will not authorize a seller to operate at the Clarendon Farmers Market until all required documentation has been provided to the Clarendon Alliance.

b) Required documentation for all sellers:

i) Initial application (whether a signed or faxed paper copy, or made by electronic submission in which the applicant affirms that they have read and agree to adhere to these Market Rules, and that they have read and agree to the language in the Waiver.

ii) A certificate showing that the applicants holds and will keep in force during the duration of the applicant’s market participation a general liability insurance policy in the amount of $2 million dollars, naming the Clarendon Alliance and its employees and agents as additional insured.

c) For producers of agricultural goods:

(a) A signed statement that the seller is the actual grower, producer, or consigner of the specific items to be sold at the Clarendon Farmers Market on the form provided by the Clarendon Alliance;

(b) The mailing address of the location where the applicant has under production;

(d) A Producer Certificate signed by the applicant’s County Extension agent stating that the applicant is capable of growing or producing the items listed on the application, on a form provided by the Clarendon Alliance.

(i) Notwithstanding the foregoing:

1. Sellers which are incapable of documenting local production on land they own or rent, but which have agreements with neighbors to share production proceeds from the sale of locally produced foods at the Clarendon Farmers Market, may be allowed to vend at the Clarendon Farmers Market; provided they supply to the Clarendon Alliance the following documentation:

a. The names, addresses, phone numbers and email addresses of all neighboring growers or producers from which they consign agricultural goods for sale at the Clarendon Farmers Market;

b. Google Earth images showing the land from which products were produced;

c. A certification by the appropriate County Extension that the productive capacity of the partners to the agreement, taken as a cooperative or collective, is capable of growing or producing the items listed on the application.

ii) For producers selling baked goods, cider, jams, jellies, fruit spreads, dried herbs, herb products, approved meat, dairy products, acidified foods, or eggs:

(1) Proof of Inspection by a “licensed source” (e.g. State Department of Agriculture or other applicable regulatory agencies);

(a) Bakers must also complete and attach to his or her application:

(i) A Baker Certificate form, and

(ii) A copy of his or her current Kitchen Inspection report.

(iii) Additional documentation may be required on a case-by-case basis.

 9) Regulatory Compliance

a) It is the responsibility of the producer to abide by all federal, state, and local regulations governing the production, harvest, preparation, preservation, labeling, or safety of the products brought to markets.

b) Producers, regardless of state of residence or place of production, must be properly registered to collect and remit sales tax on all food and non-food items sold as required under federal, state, or local law.

 10) Admissions and Space Policy

a) Consistent with the policies outlined in Section 7 of these Rules, sellers in good standing who operated during the prior year shall have preference over new applicants who propose to sell the same, or substantially similar goods.

b) Notwithstanding the foregoing, artisans who seek to vend at the Clarendon Farmers Market shall be evaluated independently each year against other applicants who seek to sell at the Market.

c) The Clarendon Alliance reserves the right to limit the number of sellers selling similar or substantially similar products, in order to ensure a diversity of goods sold at the Market.

d) Spaces shall be reserved and assigned according to the provisions of Section 7 of these Rules.

i) The Clarendon Alliance’ Market Manager shall have sole responsibility and authority to lay out the seller locations on any particular Market day.

e) Any space left vacant due to the absence of a regularly scheduled market seller, or the availability of an unsubscribed space, may be used by another producer or exhibitor, at the Market Manager’s sole discretion. The Market Manager shall record a written note to indicate which exhibitors actually occupy market vending locations during each Market session.

 11) Attendance

a) Sellers shall notify the Market Manager immediately by email once they become aware that they will not be able to attend a Market at which they are expected to attend.

i) Upon such notification, the Market Manager may provide the vacated space to an applicant for a day-permit for the Market.

 12) Weather-Related Closures

a) While the Clarendon Farmers Market is a “Rain or Shine” event, the Clarendon Alliance shall, at its sole discretion, close the Market when adverse weather or wind conditions make it potentially unsafe to hold the Market.

i) If weather conditions are predicted such that it appears obvious or likely that the Market will be unsafe, the Clarendon Alliance and/or the Market Manager shall contact each registered exhibitor by phone and/or email to inform the exhibitor that the Market will be closed on the day predicted to receive unsafe weather.

(1) Predicted or actual high winds, heavy rain, or heavy snowfall are conditions which the Clarendon Alliance may consider “unsafe” under the meaning of this rule.

ii) If unpredicted weather occurs which makes the Market unsafe, the Market Manager shall have sole discretion to close the Market, either prior to, or during, the Market hours of operation.

b) Pre-paid Market Fees are not refundable due to any weather-related closures.

 13) Set-up, Selling, and Closing

a) The published selling hours of the Clarendon Farmers Market are 3pm to 7pm.

b) Reserved Parking is available for sellers from noon to 8pm, and set-up may commence any time after 1pm on a Market Day.

i) Seasonal Parking Passes shall be distributed by the Market Manger to Seasonal Exhibitors.

ii) Reserved Parking passes may be available from the Market Manager for exhibitors who are daily exhibitors.

iii) Sellers who are admitted to the Market space-available basis by the Market Manager comply with the Market Managers instructions about parking and the vending stand location.

c) Sellers must begin packing up at the closing bell, but may continue to sell as they load-out.

d) Sampling is allowed in accordance with Arlington County Health Department rules.

e) Sellers who have sold-out of the preponderance of their merchandise may load-out and leave the market prior to the closing bell.

f) All sellers are responsible for the cleanliness of their assigned space and its surroundings.

i) Each seller is responsible to load-out garbage and trash generated through his or her market operation, and no seller may utilize public trash receptacles to dispose of garbage, trash, or cardboard boxes.

g) No monetary collections on behalf of a third party, whether nonprofit or for-profit, is authorized to occur within the limits of the market boundary, on behalf of any individual or organization, unless express permission is given by the Clarendon Alliance, or its agent.

 14) Market Manager

a) The Clarendon Alliance Executive Director shall serve as the Market Manager, or shall designate another person to serve as Market Manager on his or her behalf.

will be selected by the Clarendon Alliance with advice of the Seasonal participants of the Clarendon Farmers Market. The Market Manager will appoint an assistant to carry out his or her duties in the case the Market Manager is absent.

i) The Market Manager:

(1) Records producer attendance;

(2) Reserves assigned spaces;

(3) Makes or changes space assignments in the case of absences or late arrivals;

(4) Ensures compliance with market rules and the completion of assigned jobs;

(5) Resolves minor disputes ;

(7) Makes announcements if necessary and appropriate

(8) Collects fees as appropriate, and deposits such fees at a depository designated by the Clarendon Alliance Board of Directors.

 15) Duties of Producers

a) To inspire producer and consumer confidence that the Clarendon Farmers Market is a producer-only Market, producers shall allow inspection visits to their production sites by members or designees of the Clarendon Alliance, or by Arlington County officials.

i) Inspections may be made:

(1) to certify initial eligibility as a producer,

(2) to renew eligibility as a producer if the producers product mix changes,

(3) to randomly check compliance with the producer-only rule,

(4) and to investigate formal complaints of violation of the producer-only rule.

 16) Role of the Market Coordinator

a) A Clarendon Alliance staff member will serve as the Market Coordinator and will be the liaison between the CA Board of Directors, the Market Manager, and Arlington County government.

i) The CA Executive Director may serve both as the Market Manager and the Market Coordinator.

b) Prior to the start of the Market Season, the Market Coordinator will determine the number of market spaces available for each type of seller.

c) In consultation with the Market Manager and individual sellers, the Market Coordinator shall be responsible for filling vacancies at the Market, and shall fill (or not fill) vacancies at his or her sole discretion.

i) Any applicant whose application is denied may appeal that denial in writing to the Clarendon Alliance Board of Directors, whose decision in the matter shall be final.

 17) Artisan Jury

a) The Clarendon Alliance may convene an Artisan Jury to select artisans who shall be eligible to sell at the Market.

i) The Artisan Jury will consist of the Market Coordinator, an Officer of the Board of Directors of the Clarendon Alliance, and a Dues-Paying Member of the Clarendon Alliance.

ii) Decisions of the Artisan Jury may not be appealed.

 18) Producer Eligibility Violations:

a) A claim may be raised by any seller, the Market Manager, Clarendon Alliance staff, or a member of the public that a seller at the Clarendon Farmers Market does not actually qualify as a producer under these rules.

i) Such claims shall be made in writing to the Market Manager or the Market Coordinator.

ii) The name of the person submitting such a claim shall be kept confidential.

b) Upon receipt of such a claim, the Market Coordinator and the Market Manager shall act collaboratively to notify the subject of the claim in writing about the complaint.

i) The Market Coordinator and the Market Manager shall meet with the seller to determine the necessary investigation procedures to resolve the claim, up to and including a production site visit.

(1) Any producer who refuses to allow a site visit shall be permanently removed from the Market.

c) Minor violations of the Producer-only requirements of these rules will result in a warning or a temporary suspension from the Market, at the Market Coordinator’s sole discretion.

d) Serious violations of the Producer-only requirements of these rules will result in the suspension of the seller for the balance of the Market Season.

e) Except for a minor infraction of the Producer-only rules, any seller who commits a second serious violation of the Producer-only rules will be permanently barred from the Clarendon Farmers Market.

f) No refunds are allowed for any seller who is found in violation of this section.

 19) Violations of Other Market Rules

a) The Market Manager is the designated agent of the Clarendon Alliance, and has the responsibility and the authority to operate the Clarendon Farmers Market in accordance with these rules and the terms of the Clarendon Alliance’ License Agreement with Arlington County to operate the Market.

i) Every seller shall comply with the directives of the Market Manager as the day-to-day operator of the Clarendon Farmers Market.

b) Any seller, who believes that violations of these Market Rules are occurring, or have occurred, shall make their claims known to the Market Manager.

i) If the complaint is about a decision, a failure to make a decision, or, in general, the work of the Market Manager (and/or his or her assistant), such complaints shall be submitted to the Market Coordinator.

c) The name of any complaining party shall be kept confidential.

d) Complaints received by the Market Manager shall be forwarded by the Market Manager to the Market Coordinator prior to the next Market Session.

i) In collaboration with the Market Manager, the Market Coordinator shall investigate the complaint, make a finding, and announce the finding to the complainant, or to all Market Sellers, as appropriate.

ii) The Complainant may appeal the finding to the Clarendon Alliance’ Board of Directors, whose decision in the matter shall be final.

e) Complaints received directly by the Market Coordinator shall be investigated by the Market Coordinator, and a report shall be prepared by the Market Coordinator, reviewed by the complainant, and submitted to the Clarendon Alliance Board of Directors for a final determination.