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Producer Rules & Regulations
RULES AND REGULATIONS FOR MARKET PRODUCERS
These rules govern the operation, and management of the Chicago's Green City Market (CGCM). CGCM will implement and enforce all rules and regulations pertaining to the operation of the Market. CGCM may change, delete or modify these Market rules and regulations from time to time and take any reasonable action to enforce them. CGCM requires all participants in the Market to be members in good standing as set forth in these rules and regulations.
I. ADMISSION OF VENDORS AND PRODUCTS
Approval
CGCM's approval of selling privileges is for a limited period of time, never exceeding one growing season, and is a privilege, not a right. All products sold at the market are subject to restrictions by CGCM. Admittance to the Market is given to Vendors (Farmers and Producers) based on:
- The submission of a complete application, including the signature page indicating that they will abide by these rules.
- The submission, if applicable, of all permits and licenses required for the retail sale of the Vendor’s products at the Market. This includes those from the health department of the state or county where the products originate.
- The Vendor’s positive history with CGCM Markets (including adherence to market rules and regulations, seniority, market attendance, deportment, and payment of fees)
- Space available at the Market.
- The Vendors’ product knowledge and ability to communicate it.
- The CGCM’s attempt to create a balance between unprocessed farm products and value added products prepared by smalls-scale food artisans.
- Product line. Priority is give to Vendors with products that are:
- Locally and sustainably grown.
- Unique or unusual
- Of high quality
- Contain seasonal and regional ingredients purchased from CGCM farmers
Fees
- $25.00 non-refundable application fee. This fee will be deducted from the Market fees outlined below, if the farmer/vendor is approved to join the Market.
- For a one-day per week season, each 20'x20' Market space is $375; for a two-day per week season, each 20'x20' Market space is $750. The season is May 16 through October 31, 2007.
- Market fees can be paid in two installments: 50 percent due prior to Market opening. The balance due on July 1, 2007. If a vendor intends to use more than one 20'x20' space during the season, the additional fee(s) must be paid prior to the start of the season.
- Vendors must submit a complete application and all supporting documents by March 15, 2007. All applications submitted after that date, including any incomplete applications, will be subject to a late fee of $100.00. No applications will be accepted after March 31, 2007.
- Please make all checks and money orders payable to: Chicago's Green City Market.
Insurance Requirements
All applicants must have a Commercial General Liability Insurance Policy listing the Chicago's Green City Market as additional insured. It must have a minimum coverage of $1 million per occurrence and aggregate.
II. POLICIES AND REQUIREMENTS REGARDING FARMERS, PRODUCERS, PRODUCTS, AND VENDOR INSPECTIONS
Farmer Only
- Farmers may not sell any product produced by another farmer.
- Farmers may only sell what they grow or produce on their own land or on land that they control.
Farmer Only One Time Exception
Farmers may sell a product from one other farmer for one period of time during a market season provided that:
- The period of time the product is sold is no longer than 4 weeks.
- The CGCM Farmer and the producing farmer sign the Prohibited Substances Affidavit.
- A “farm of origin” label is displayed with the product
- The Farmer submits a request for the exemption in writing to the CGCM Administrative Director two weeks before the intended sale date and the exemption is approved by a majority vote of the Applications Committee.
Farmers and Farm Products
- Each farmer or farmer’s representative must be well versed on their product line and be able to answer questions on growing methods and the farm’s sustainability practices.
- Farmers must use sustainable farming practices. They must pay particular attention to implementing practices that enhance the life of their soils.
- The Farmer’s Sustainability Statement must be prominently displayed at the Farm’s booth during Market hours.
- Hydroponic production is prohibited unless all hydroponic nutrients are OMRI approved for organic production. Farmers growing hydroponically must apply for organic certification and be certified organic by a USDA approved 3rd party certifier by their 3rd year at the CGCM.
- No farmer may use the term “organic” at the CGCM unless their farm is certified organic by a USDA approved 3rd party certifier and the farmer has submitted the farm’s most recent certification with the farm’s market application.
- The term “transitional organic” is prohibited.
- All items must be clearly priced and identified.
- A farmer may be a sole proprietorship, partnership, corporation. Family members and employees who assist in the production and marketing of the farm products are encouraged to attend the Market. .
- The resale of agricultural products is not permitted.
Producers and Value Added Products.
Prepared Foods are allowed to be sold at the Market in order to enhance the Market's mission. These foods should showcase what is possible with locally grown or raised food products.
- Producers are local, small-scale, food artisans. They may only sell products that they, themselves, helped to produce.
- Producers must source their predominant ingredients from CGCM farmers whenever possible. If predominant ingredients are not available from CGCM vendors, they must be source regionally from the seven stat area (IL, WI, MI, IN, KY, MO, IA).
- Non-food items must be a byproduct of a principal food corp.
- Producers'products must comply with all applicable federal, state and local regulations.
- Farm producers selling cider or any other value added product based on a product from their farm must have their farm product processed by a batch processing method or any other method that creates an audit trail from farm product to finished “value added” product. Examples of this documentation must be submitted with the CGCM Application.
- No Producer may use the term “organic” at the CGCM unless their product and label has been approved and certified organic by a USDA approved 3rd party certifier and the producer has submitted the most recent certification with the producer’s market application
- Each producer’s representative must be well versed on their product line and be able to answer questions on production methods, sourcing of ingredients, and how their products support agricultural sustainability.
- A producer may be a sole proprietorship, a partnership, corporation or co-operative.
Products to be sold
The Market management reserves the right to prohibit a vendor from selling a product not previously approved in the application process.
All Vendor Products must:
- Be of the highest and freshest quality possible.
- Not be produced using any substance on the National Alliance’s List of Prohibited substances.
- Be GMO free.
- Be from the local, Midwest region and reflect Midwest seasonality.
- Be from a small farm or small-scale artisanal food producer.
- Be labeled by farm of origin if sold through a Selling Coop.
- Not be labeled “organic” unless they have been certified by a USDA approved third party certifying agency
- Follow USDA’s Organic Labeling requirements if they are “organic.”
Products Prohibited at CGCM Markets
- Live birds or animals for human consumption.
- Products purchased by a seller that have not been approved by CGCM (Sodas, water, sugar, coffee and tea).
- Unauthorized agricultural products.
- Hobbyware, art objects, and all types of crafts and clothing.
- Substandard products.
Product Validity
CGCM reserves the right to question the validity of any product sold at the Market. CGCM also reserves the right to request proof of any product’s origin, and the right to inspect any Vendor’s stated location of product production, at any reasonable time, with no prior notice. A Vendor requested to submit proof of a product’s validity or site of production will be required to submit this proof to the office upon request. Failure to provide the necessary information will be deemed as a violation of the rules Farm/Business Visits and inspections
CGCM representatives will visit and inspect farms and establishments used by its farmers and producers during normal business hours (8:00 AM – 6:00 PM) to verify compliance with Market requirements. A map to the farm or establishment with clearly written directions must be submitted upon request. An inspection may include ownership information and any other information relevant to determining product legitimacy. Failure to allow such an inspection will constitute a violation of Market rules.
III. GENERAL MARKET RULES
Market Hours
Chicago’s Green City Market will be held every Wednesday and Saturday from May 16 to October 31 in Lincoln Park north of the parking lot of the Chicago Historical Society located at the corner of Clark, LaSalle and Cannon Drive. Market hours are 7:00 AM to 1:00 PM. Parking is available in the Historical Society parking lot or in the designated part of Clark Street during market hours. All vehicles must clear by 3:00 PM. The CGCM Market operates rain or shine.
Producer Attendance
Vendors must commit to the entire market season. Switching, adding or dropping markets within the season is allowed only with CGCM approval.
- Vendors will be charged for the entire season, regardless of attendance.
- Repeat instances of non-attendance will result in the review of the Vendor’s eligibility to participate in the Market.
- Cancellations due to holidays or holiday weekends are not permitted.
- If a National holiday (Memorial Day, Fourth of July, Labor Day) falls on a Market day, the Market may be switched to another day at the discretion of CGCM.
Arrival, Departure and Selling Time
- Vendors may begin setup at 5:00 a. m. and must be set up by Market start.
- Vendors may leave only after the market has closed and a safe exit can be made.
- Vendors may not leave their space before the Market closes without approval from the Market Manager.
Safety and Sanitation
- All CGCM Markets are conducted in accordance with State and Federal laws and local laws.
- Vendors must keep stall area (including back area) clean, tidy, and clear of produce trimmings, produce discards, and piles of boxes.
- Smoking is not allowed in Market stalls.
- Vendors may not bring pets into the Market.
- Vendors must comply with the Market Manager's directions in all matters relating to safety.
Assignment of Selling Space
Vendors’ stall locations are not permanent and may be changed at the discretion of Market management for any Market day during the season and/or annually. In making any determination in this regard CGCM will consider the following:
- Fire Department requirements.
- Vendor’s history at the market.
- The Market’s product mix and consumer traffic flow.
- Vendor’s marketing ability and product promotion.
- Vendor’s tenure at the Market.
- The Quality of the Vendor’s product display and customer service.
- The participation of owners at the Market.
Tables, Tarps and Tents
- Vendors must furnish their own tables, chairs, display arrangements, and weather protection.
- All tents must be weighted sufficiently to be secure and stable during rain and windy conditions or be
- Unsecured tents are subject to immediate removal
- Tables must be sturdy and stable with tops covered.
- Tables shall not be filled beyond load capacity and the products on the display table must be secured.
Farm/Producer Identification
- All Vendors must display a sign, with lettering at least 3 inches high, clearly identifying the name of their establishment, phone number and the city or town, county and state where their production occurs.
Product Signs and Disclosure of Growing Practices
- All Vendors must prominently display their Sustainability Statement.
- Each product for sale must have a clear, readable identification sign with the price per unit.
- Farming practices must be fully and truthfully disclosed when customers inquire. Failure to do so may result in the revocation of selling privileges.
- Hydroponic produce and plant production must be marked accordingly.
- All products sold as Organic must be prominently labeled as "Certified Organic" with the certifying agency name. The use of the word organic is prohibited unless the product is certified. Certified organic growers must submit their certification with the application.
Product Display
Vendors must display their produce in a beautiful, clean, well presented manner. The Market management reserves the right to disallow substandard products from being sold and to suggest improved displays.
Samples
Vendors are encouraged to offer samples of their product. When offering samples, Vendors should adhere to the following guidelines:
- Keep samples in clean, covered containers.
- Use toothpicks or disposable utensils to distribute the samples.
- Use clean, disposable plastic gloves when cutting produce for samples.
- Use cutting boards that are smooth, non-absorbent, and easily cleanable.
- Keep control of samples at all times. Self service by customers is prohibited.
- Provide a waste container at the sampling area for public use.
- Do not prepare (except trimming) food products.
Potentially Hazardous Foods – It is the responsibility of the Vendor to follow the Department of Health guidelines concerning the vending of potentially hazardous products. These include but are not limited to: meats, poultry, fresh eggs, dairy products and cheese. If any Vendor is deemed to be in violation of health codes pertaining to such products, the following measures will be taken by CGCM:
- The Vendor and the Vendor’s products will be immediately removed from the Market for that day.
- The proper regulatory agency will be notified as soon as possible.
Product Temperature
Vendors are responsible for monitoring and maintaining proper temperatures in accordance with health codes. Vendors who sell foods that must be kept refrigerated or frozen must have an accurate thermometer at the Market.
Trash Management
Before leaving the Market, Vendors must collect all matter and debris in their area without regard to whether or not the litter originated in their area. Refuse collected is to be disposed of off-site by each Vendor. Vendors who fail to clean up properly face fines of up to $1,000 from the City’s Department of Sanitation and repeat offenders face possible suspension or eviction from the markets.
Weights and Measures
- Scales must be legal-for-trade commercial scales and may be certified annually by the City of Chicago. The face of the scale must be visible to the buyer. The use of a non-legal-for-trade scale at the Market is prohibited.
Standards of Conduct for Vendors, their Representatives, and Market Staff.
- Be knowledgeable about how products are used, grown, or produced. Be able to communicate this information clearly to the customers.
- Be courteous, professional and presentable at all times.
- Display products in a sanitary, presentable, and attractive manner.
- Behave in a polite manner and practice clean personal hygiene. Drinking alcohol, yelling, hawking, throwing objects, swearing, name-calling, slanderous remarks, radio playing, and other rude behavior is not permitted.
- Treat other Vendors, customers, Market staff, and public officials with respect.
- Refer difficulties with customers to the Market Manager.
- Make complaints about other Vendors, Market staff, or the Market Rules and Regulations in writing to CGCM.
- Do not advertise items not related to Market products.
- Do not display printed material other than Vendors’ and CGCM’s promotional brochures and literature. This includes petitions, political advertisements, and issue appeals.
- Do not solicit tips.
- Feel free to cross-promote with other Market Vendors. But do not engage in monetary transactions with other Vendors for cross-promotional purposes.
- Committing a criminal act at the Market will cause immediate expulsion from the Market terminating any vending privileges
IV. DISCIPLINE OR REMOVAL OF A VENDOR OR VENDOR’S REPRESENTATIVE FROM THE MARKET Grounds for Discipline or Removal
Vendors and their representatives may be removed or suspended from the Market or may have their selling privileges in the Market conditioned, modified, limited, or revoked by CGCM Market Operations Committee for any of the following reasons:
- Failure to obey and conform to State of Illinois or City of Chicago regulations and laws.
- Failure to follow CGCM Market rules and regulations.
- Failure to follow the Markets Standards of Conduct
- Causing or maintaining an unsafe or unsanitary condition at the Market.
- Failure to attend the market.
- Behavior that obstructs a Vendor or other Vendors’ ability to transact business at the market.
- Any violation of Cook County Weights and Measures regulations.
- A verifiable complaint about the validity of any product sold at the Market.
Complaints
- A Vendor or a consumer may file a complaint with CGCM if they suspect a Vendor is violating market rules and regulations or if they suspect a Vendor is selling, or offering for sale, items at the Market that are not grown or produced by the Vendor or are otherwise prohibited by CGCM rules and regulations.
- Complaints may be made in person, by phone, by email, or submitted in writing
- Complaints should be direct to the CGCM Administrative Director, 820 Davis Street, Suite 134, Evanston, IL 60201 847-835-2240, admin@chicagogreencitymarket.org.
- A site inspection triggered by a complaint may be conducted with no prior notice.
Complaint Process
- If CGCM Administrative Director receives a complaint (including the complainant’s name, address, and phone number) pertaining to quality, conduct, or unfair practices of a Vendor, the Administrative Director immediately will contact and/or visit the Vendor and request that the complaint be remedied. The Administrative Director will follow up with visit to ensure compliance.
- Vendors are required to satisfy any customer complaint under any circumstance. They must accept returned product and dispose of it off-site. Failure to accept product returns from customers will be considered a violation of the rules and regulations of the market.
- If the complaint is not remedied immediately to the satisfaction of the Administrative Director and the Administrative Director determines that the offense being complained about is detrimental to other Vendor’s sales or to the Market as a whole, the following actions will be taken:
- A written warning will be given to the Offender, including the date, time and nature of complaint, with the expectation that the offense will be remedied.
- A second complaint may result in disciplinary action being imposed by the Market Operations Committee of the CGCM, the severity of which will be directly related to the gravity or repetition of the offense.
- A third complaint will result in the Administrative Director asking the CGCM Market Operations Committee to impose a 90 day suspension and/or permanent removal from the market.
- A Vendor who is removed from the market forfeits all monies paid to the CGCM for Stall fees.
- Vendors disciplined or removed from a market by the action of CGCM Market Operations Committee shall have the right of appeal and review by CGCM’s Board of Directors at their next scheduled Board Meeting. The decision by CGCM Board of Directors shall be considered final.
Grievances and Due Process
CGCM has adopted a grievance/due process procedure that provides a fair and reasonable procedure for Vendors aggrieved by a Market Manager’s or Administrator’s actions and decisions. This procedure is as follows:
- All Vendors, in good standing, will be provided with an annual copy of the CGCM Market Rules & Regulations and amendments within 90 days upon their adoption.
- In the case of a fine, expulsion, suspension or termination, a written notice indicating the reasons for such action will be provided within 15 days of the action to take place.
- An opportunity for the Vendor to be heard in writing, at least five days before the effective date of the fine, expulsion, suspension, or termination, will be provided by CGCM.
- A Vendor may file a grievance with CGCM Administrative Director if they believe any CGCM staff member, Officer, or Board Member is acting arbitrarily or violating the Market’s Standards of Conduct or other Market Rules and Regulations.
- Any grievance by a Vendor shall be put in writing and submitted directly to the CGCM Administrative Director. 820 Davis Street, Suite 134, Evanston, IL 60201 847-835-2240, admin@chicagogreencitymarket.org.
- The Administrative Director, in consultation with members of the CGCM Market Operations Committee, will immediately address the grievance.
- The disposition of the grievance will be provided in writing to the Vendor by the CGCM Administrative Director within 7 days of the filing of the grievance.
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