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Arbol Farmers Market Rules and Regulations

The Arbol Farmers Market serves the North Fork Valley, connecting farmers with the community, increasing food security and community health from the soil up.

In order to achieve our mission, the Arbol Farmers Market Committee, The Learning Council, and the Market Manager will enforce the following rules and regulations through the market season.

TUESDAY MARKET TIME AND PLACE
The Arbol Farmers Market takes place every Tuesday evening from 5-8 pm. The 2024 summer market season begins May 14th and runs through October 15th at Paonia Town Park for a total of 23 weekly markets. To fully cooperate with the Town of Paonia, the market may temporarily move locations or cancel markets at the Town’s request. In this case, vendors will be given proper notice as soon as is feasible.

Market set-up will begin no earlier than 3 pm. The vendor’s booth must be completely set-up and ready to sell by 4:50 pm each Tuesday market evening. If you arrive later than 4:50 pm, you may not be permitted to set up at the discretion of the Market Manager. All vendor vehicles must be out of the market sales area by 4:30 pm. You will not be permitted to drive into the market area after 4:30 pm. The Market Manager will be on-site at 3 pm to assist with setup. Please do not arrive earlier than 3 pm.

The market breakdown will start at 8 pm and all vendors must be out of the market area by 9 pm. Vendor’s vehicles are not allowed back into the market area until the market closes at 8 pm. Vendors are expected to remain at the market until all their goods are sold or the market closes, whichever occurs first.

On September 3rd, as the season moves into the fall and the hours of daylight become shorter, the market will begin at 4pm and end at 7 pm. Please remind your customers of this change as we approach this time.

APPLICATION PROCESS
Only vendors who meet the specific eligibility requirements as outlined below should apply. Completing the application does not guarantee acceptance. The deadline to apply for a full time position at the Market is Friday, April 19th, 2024. You will be notified whether or not you have been accepted by Friday April 26th, 2024 or sooner.

To apply:

  1. Review the eligibility requirements below to determine that you are eligible to sell at the Arbol Farmers Market at Paonia Town Park.
  2. Complete the online application by April 19th.
  3. Your application will be reviewed by the Arbol Farmers Market Committee and Market Manager.
  4. You may be asked for additional information to provide more insight about your process and ingredients. In some instances, the Market Manager may audit your business for receipts, licenses, certifications, etc.
  5. You will be notified if you have been accepted or not no later than April 26th, 2024.
  6. Upon your acceptance into the Arbol Farmers Market, you will be invoiced for your booth and any additional fees. These fees are due by May 30th. If you would like to make payment installations or would like to trade in-kind labor or useful ingredients with The Learning Council, please contact arbolfarmersmarket@thelearningcouncil.org by May 5th.

WHO IS ELIGIBLE AND WHAT CAN BE SOLD
It is the market’s goal to support the farmers and producers of the North Fork Valley. The Arbol Farmers Market promotes sustainable, regenerative practices in producing food and goods. In keeping with these goals, vendors must produce their products within a 100-mile radius of Paonia; priority will be given to North Fork Valley producers.

Eligible food producers and vendors must grow and sell food that is Organic Certified, Naturally Grown Certified, or a commitment to grow at that standard or beyond. Non-food vendors must use certified organic, natural or wild-crafted ingredients, or earth sourced, locally sourced, or recycled materials. More details below under “standards” on the Arbol Farmers Market requirements for standards.

NONPROFIT AND COMMUNITY SERVICE ORGANIZATIONS
There are several spaces available at each market and are given on a first-come, first-served basis after the application process closes. Each nonprofit may attend the market up to four separate dates, except as determined by the Arbol Farmers Market Committee. To sign up for market space, contact the Market Manager. There is no fee for information booths where no goods are sold. If goods are being sold by a nonprofit, please consider donating the vendor fee.

VENDORS MAY SELL MERCHANDISE
Branding items (i.e. tee-shirts, caps, shopping bags) that share the vendor’s logo and/or company name may be sold or given away at the market regardless of origin, though the Arbol Farmers Market encourages vendors to source these products from within Colorado and organically grown.

PROHIBITED ITEMS
Garage Sale and Flea Market items are expressly prohibited from being sold. Multi-level marketing products (i.e. Avon, Doterra, Arbonne) are expressly prohibited. Value-added foods and crafts not produced by the seller are expressly prohibited.

RESALE
As the goal of the market is to directly support farmers and food producers of our region, vendors reselling goods not directly produced by their farm/business is not allowed at the Arbol Farmers Market. Resale is not permitted of any products: agricultural, value-added, cottage food, nonfood and body products, crafts, etc. This ensures that each vendor is producing what they are selling.

BOOTH SPACES
Each vendor will have 12’ x 12’ of space to set up their entire booth. If you need more space, please contact the Arbol Farmers Market Committee at arbolfarmersmarket@thelearningcouncil.org

Vendors may Transfer Booth spaces or alternate weeks with another vendor with advance notice and a clear agreement, given both vendors have filled out an application and are approved by the Arbol Farmers Market Committee. The Market Manager must be notified 48 hours in advance of any transfers or changes. Please contact the Market Manager to create this arrangement.

FEE STRUCTURE
The vendor fee is $230 per season or the equivalent in in-kind donations. We accept part time and “drop-in” vendors at $20 per day. The purpose of these fees is to pay for the venue space at Paonia Town Park imposed by the Town of Paonia. Vendors who need a double booth space please contact the Arbol Farmers Market Committee at arbolfarmersmarket@thelearningcouncil.org

Vendors may also trade in-kind donations for their booth space. In-kind donations may include labor (i.e. helping the Market Manager with procedures, helping The Learning Council in the kitchen or with set-up or breakdown) and may also include a donation of useful ingredients with The Learning Council. To arrange an in-kind donation as a part of the fee structure, please contact us.

Payment Plans to cover fees may be available for farmers upon request. If you feel the annual fees are creating a barrier for you as a vendor, please contact us.

Vendors must also cover their own vendor’s insurance and Colorado Sales Tax License. See more details below under “INSURANCE” and “TAXES”.

MARKET PARTICIPATION
Any vendors wishing to sell at the market must submit an application. By submitting the application the vendor agrees to abide by all the terms set forth in these Rules and Regulations and any verbal or written directions given by the Arbol Farmers Market Committee and the Market Manager. Anyone found to be willfully violating any of these provisions will forfeit further participation in the market with no refund of fees.

Vendors are expected to attend all markets. If vendors are not able to attend a market, the Market Manager must be notified 48 hours in advance. If you miss more than three markets in the entire season, you will be asked not to return as a vendor. Some flexibility around this rule may be allowed, please contact the Market Manager as soon as possible to arrange.

Some vendors may be ‘drop-ins’, attend every other week, or attend on a monthly basis. These vendors must sign up 2 weeks in advance with the Market Manager for the markets they plan to attend. Vendor fees for drop-ins and part time vendors are $20 per market.

Any vendor who displays any harmful or divisive activity or is the subject of a customer or vendor complaint will have his or her membership reviewed by the Arbol Farmers Market Committee and may have his or her membership revoked and/or ask to leave the market. In such cases, any fees will not be refunded. The Arbol Farmers Market Committee reserves the right to review and revoke membership and vendor participation whenever deemed necessary.

Vendors cannot engage in aggressive selling, barking, hawking, or calling out to customers in an aggressive way. Vendors should stay within their booth space during the market and not walk up to customers to “pull them in”.

Vendors may be able to use electrical outlets near the bleachers and other areas of the park during market hours. Please contact us if you need to use electricity.

POTENTIAL HAZARDS AND YOUR SELLING AREA
Each vendor is responsible for making sure that their selling area is safe. You must remove all potential hazards from your selling area, maintain its cleanliness and remove all trash prior to leaving the market area. All canopies and umbrellas must have weights on each leg. Failure to weigh down your tent before the market opens to the public will result in a potential fine.

Pets, including vendors’ animals, are allowed at the outdoor market but must be on a leash at all times. Please help us remind customers and other vendors to follow our leash rule.

ZERO-WASTE
The Arbol Farmers Market is a zero-waste market. Before leaving, please be sure your area is clean and trash-free. Trash cans will be available at the market venue along with recycling bins.
One-time use utensils, dishes, carry-out containers must be biodegradable or compostable. Plastic bags to sell produce in should be biodegradable or recycled.

Reusable shopping bags will be made available at the Arbol Farmers Market Information Booth. Please direct customers to this booth if they need a bag to carry your products with.

INSURANCE
All vendors must provide proof of commercial general liability policy and submit a waiver of liability, indemnifying the Arbol Farmers Market, committee, staff, and volunteers against any and all claims arising from their participation in the market. Vendors must further name the Arbol Farmers Market as an additional insured on their policies. Insurance options for food vendors available (but not limited to) through FLIP. Insurance options for non-food vendors available (but not limited to) through ACT.

TAXES
The sales tax to sell products in Paonia is 9.5% for general merchandise and 6.6% for food for home consumption. In general, ready-to-eat foods, crafts, body products all will owe 9.5% sales tax. In general, agricultural producers will owe 6.6% sales tax. To learn more about Colorado Sales/Use Tax Rates, see form DR-1002.

Each vendor is responsible for having a Colorado Sales Tax License. Vendors will file their owed taxes to the state. To apply for a sales tax license, visit My Biz Colorado.

SCALES
Scales must be certified by the State of Colorado and must have the current approved seal of the State of Colorado Measurements and Standards Section.

SAMPLING
Vendors are permitted to offer samples of food at the Arbol Farmers Market given the following restrictions: vendors must have gloved hands to prep and serve food samples, samples must be in single serving portions, hand sanitizer must be available near the samples. Vendors must not serve food samples if they are feeling sick or have been in contact with someone who is sick.

FINES
The following fines will be issued to those vendors in violation of the Arbol Farmers Market Rules and Regulations. Fines apply to all vendors including nonprofits. The Market Manager has the ability to use their discretion on rule enforcement and fines. The penalties that can incur fines are as follows:

  1. Market absence notification to the Market Manager must be made 48 hours in advance, otherwise, a $20 fine will be imposed on the second offense.
  2. We encourage our vendors to communicate with the Market Manager via text, call or email if something comes up and you cannot show up at the last minute. This will help our Market Manager “fill in the space” so as not to have an empty space in the market. A no-show, no call on Tuesday evening will incur a $20 fine.
  3. Arriving late to the market is not acceptable. Any vendor showing up after 4:50 pm will not be allowed to drive into the market and a $20 fine will be imposed.
  4. Failure to weight your tent will result in a $20 fine.

The Arbol Farmers Market Committee and Market Manager may enforce these fines as they see necessary. Continued violation of Rules and Regulations could result in being excused as a vendor from the market with no refund. It is your responsibility to know and understand these rules and share them with any employee who may be working at the market in your place. If you have questions about the Rules and Regulations, please ask the Market Manager.

VENDOR SELECTIVITY
The Arbol Farmers Market reserves the right to prohibit anyone from selling at the market or to prohibit any product from being sold there. These determinations will be made based on market demands, applicable laws and health codes, the rules and regulations of the Arbol Farmers Market, and at the Committee’s discretion. Rules and regulations are subject to change for special event days and/or at the discretion and judgment of the Arbol Farmers Market Committee.

NON-SEVERABILITY
In the event that any one or more provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these Rules and Regulations nor any agreement between the vendor and the Arbol Farmers Market, but these shall be construed as if such invalid, illegal, unenforceable provisions had never been contained herein unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated to be unreasonable.

NON-DISCRIMINATION
The Arbol Farmers Market prohibits discrimination on the basis of race, color, religion, caste, creed, sex, age, marital status, national origin, mental or physical disability, political belief or affiliation, pregnancy and pregnancy related condition(s), veteran status, sexual orientation, gender identity and expression, genetic information, natural and protective hairstyle and any other class of individuals protected from discrimination under state or federal law in any aspect of the access to, admission, or treatment of customers, vendors, or participants of the Arbol Farmers Market. Furthermore, Arbol Farmers Market & The Learning Council’s policy prohibits harassment of participants and employees, i.e., racial harassment, sexual harassment, sexual misconduct, and retaliation for filing complaints of discrimination. Individuals or groups deemed by the Committee to be in violation of these standards will be excluded from market activities.

MARKET STANDARDS FOR ALL PRODUCTS
As a vendor, you must sell products that are in alignment with the Arbol Farmers Market Standards. Please carefully read the standards listed below. If you have questions, please contact us.

Agricultural Producers

  • All meat vendors must sell frozen products, no fresh meat allowed
  • Meat vendors must process their product at a USDA facility or State-certified facility
  • All dairy must be processed at a licensed facility
  • Growers must produce food at Organic Certified, Naturally Grown Certified, or a commitment to grow at that standard or beyond
  • Vendors are allowed to sell their own merchandise i.e. branded hats, totes, etc.
  • Arbol Farmers Market honors the “Small Flock Exemption” for processing poultry as approved by the state of Colorado. All Small Flock Poultry vendors will be approved on a case by case basis and must agree to allow the Arbol Farmers Market Committee to visit on processing day and see the facility before being accepted as a vendor to the market

Value-Added Foods and Cottage Food Vendors

  • Value-added foods must be prepared in a commercial kitchen or in compliance with Cottage Food Safety regulations
  • Ingredients should be locally sourced and organically grown if possible. If not possible to source locally, ingredients must be Organic Certified or Naturally Grown Certified

Honey and Honey Products

  • All honey being sold at Arbol Farmers Market must be approved by the Market Committee prior to selling
  • All beekeepers must provide information to the Committee on where they source their bees when purchasing new or replacement bees
  • Any vendor selling honey will be asked to provide information on how their apiary is treated for mites

Nonfood/ Body Products

  • Body care items should be made from scratch and use certified organic, natural or wild-crafted ingredients
  • Preference for body products in which plant materials, honey, beeswax, etc. are locally sourced
  • Preference is given to organically sourced carrier oils and alcohol

Craft Vendors

  • Priority to crafters whose items are earth sourced, locally sourced, or recycled materials