Vendor Rules and Regulations

Our goal at the Coastal Alabama Farmers & Fishermens Market is to provide local fresh fruits, vegetables, seafood, and non-certifiable agricultural products through direct marketing for the general public and commercial establishments in an enjoyable place. If you are accepted as a vendor, you will receive a confirmation and notice of procedures to follow. Understanding and complying with these market rules helps the market operate smoothly and will insure safety and fairness for everyone. We welcome any comments and suggestions that will benefit our growth together.

 

Table of Contents

Location
Business License Application
Selling Season
Daily Rates
Vendor Types
Food Safety
Meat, Dairy, Eggs
Wine & Alcohol
Measurement Guidelines
Market Operations
Attendance
Indemnification
Market Contact Info
 

Coastal Alabama Farmers & Fishermens Market Location

The Market is located at 781 Farmers Market Ln in Foley, Alabama. It's just off of County Rd. 20 between Hwy. 59 and Foley Beach Express.

The Selling Season

Saturdays year-round: 9 a.m. - 2 p.m.

Daily Rates

Vendors:  $20/day for spaces under the pavilion, $10/day for outside spaces
Junior Vendors (ages 5-18):  $10/day 

Vendor Types- State Laws, Documents, Permits, Labels

Vendors must be the original producer of all items being sold. All farmers/growers, meat producers, fishermen/seafood producers, and home processors should refer to the CAFFM Vendor Resource Guide for more detailed requiremnets and information. 

Farmers/Growers

All eligible producers must have a growers permit. A grower/producer is a person(s) that grows or produces agricultural products. 80% of the agricultural product grown and offered for sale must be produced by the grower/producer or under the grower/producer's direction. The grower must verify in writing with the Market Operations Manager and the Farmers Market Authority the name, location and contact information from whom the other 20% locally grown products brought to market originate if this is permissible and clearly defined in the market's rules. Buying and reselling of produce or other product from wholesalers or retailers are not permissible. Permits are available at Baldwin County Extension Office in Bay Minette call (251)937-0222. 

All items marketed to be USDA certified organic must meet the requirements of the National Organic Program.  http://www.ams.usda.gov/AMSv1.0/nop

Organic growers must present a copy of their organic certification to the market manager prior to selling at the market. Coastal Alabama Farmers & Fishermens Market will keep copies of all certifications on file.

No buying and reselling of produce or other products is allowed.

Fishermen/Seafood

Any vendor wishing to sell fresh or frozen seafood, either retail or wholesale, through the Coastal Alabama Farmers and Fishermens Market must have a valid Alabama Seafood Dealer’s License and follow all rules and regulations associated with the selling of seafood.  This does not apply to vendors that are preparing finished or value added products such as cooked seafood that has been purchased through a licensed dealer. Seafood at the market must be local seafood, caught in the Gulf.

Applications and information are available by contacting the Alabama Marine Resources Division at 251-968-7576 or 251-861-2882.

Baldwin County Health Department requirements, in order for the fisherman to sell seafood under an open shed, all the seafood must be sold as pre-packaged.  The person cannot open the package to add or remove any seafood product.   The fisherman will need to bring to the Baldwin County Health Department (BCHD) office in Robertsdale:

• A letter on company letterhead stating that they are an approved source who can prepackaged the seafood for the individual and what declared weight the bags will be.  The person should have on hand cards with processor or retail market name to hand out with each bag.  
• If they captain their vessel, then they would bring a copy of their vessel registration with a letter stating they are prepacking the seafood on board their vessel and declare what weight bags will be.  (to BCHD) office in Robertsdale) Good sanitation practices must be practiced on board.
   

In both cases the product temperature must be maintained at 41ºF or below.   Packaged crabmeat and fingers will already be packed by a processor so they only need to be held below 41ºF  and meet any requirements the Alabama Seafood Branch requires.

Shell stock (oysters in the shell) will have to be delivered from a certified dealer and sold in a refrigerated conveyance approved by Alabama Department of Public Health (ADPH).  All tagging and record keeping requirements of ADPH and AMRD associated with the shell stock must be met. Shucked oysters can be iced down but still must be code dated from a certified processor.

Home Processors

A local business licenses is necessary and collection of proper sales tax on the goods sold is the responsibility of the seller.

Home processed products must satisfy all public health, labeling, permitting and other requirements pertaining to processed products. Chapter 420-3-22-.01 of the Rules of Food Establishment Sanitation now excludes a kitchen in a private home from the definition of food establishment:

• if only food that is non-potentially hazardous (time or temperature control required for safety) is prepared for sale or service at a function such as a charitable, religious, civic, or not-for-profit organization’s food sale, or at State sanctioned Farmers Market,
• And, if the consumer is informed by a clearly visible label, tag, or placard at the sales or service location that the food is prepared in a kitchen that is not inspected by a regulatory agency, i.e. County or State Health Department.
• ​Label, Tag or Placard must conform to the size and form of the label below, and be placed at the top of the product that is to be sold.

This effectively excludes farmers markets from regulatory requirements of the ADPH regarding non-potentially hazardous home processed foods. Certain home processed foods for example baked breads, rolls, cookies, cakes, brownies, fudge, double-crust fruit pies, traditional fruit jams, jellies, marmalades and relishes, candy, spices or herbs, snack items such as popcorn, caramel corn and peanut brittle, may be sold at farmers markets with appropriate labeling. The label of a food in packaged form shall specify conspicuously the name and place of business of the manufacturer, packer, or distributor.

The acidity of foods is measured by pH.  The range of pH is commonly considered to extend from zero to 14. A pH value of 7 is neutral, because pure water has a pH value of exactly 7. Values less than 7 are considered acidic, while those greater than 7 are considered basic or alkaline.  Acidic foods are usually tart and sour, all fruits are acidic: tomato, lemon, peach, apple, etc.  The FDA rule for acid foods states that a food must have a pH below 4.6 to be sold as a minimally processed food. The reason for this is bacteria do not grow at this level of acidity.

This exclusion shall not be construed as allowing the sale of low acid foods (pH >4.6) in  hermetically sealed containers (i.e. such as home-canned green beans, peas, tomato relish, salsa, etc.) when such food is not prepared in a permitted establishment. The finished product will need to be tested, if the ph level is unknown.

Food product testing requirements are as follows.

• A small sample (at least 1 cup) of the product is required. The cost is approximately $40.00 per sample. Checks may be made payable to: Alabama Cooperative Extension System or ACES. The sample should be carefully and safely packaged and mailed/sent to: Regional Extension Agent, Alabama Cooperative Extension, 221 Poultry Science Building, 260 Lem Morrison Dr., Auburn University, AL 36849, Alabama Cooperative Extension System, Food Product Testing Services.
• The product must includ the following information: contact person, mailing address, city, state, zip code, phone, fax, email, product name.

To sell hazardous prepared food (time and temperature controlled) submit a plan of action to serve at the farmers market for approval to the Baldwin County Health Department Environmental Division. Then provide the approval document to the Market Manager.

Wild Harvested Mushrooms

Wild-harvested mushrooms may only be sold at Farmers Markets by wild-harvested mushroom identification vendors: Harvesters must have attended/completed a Bona fide training course approved by the Alabama Department of Public Health. A vendor selling wild harvested mushrooms at a State Sanctioned or Certified Farmers Market shall disclose to the consumer by a tabletop display, placard, or notation on each package the following statement: “Wild harvested mushrooms are not an inspected product and are harvested from a non-inspected site.

Freeze-Dried Products

The Coastal Alabama Farmers & Fishermens Market does not allow the sale of freeze-dried products including candy.

Hemp & CBD Products

The Coastal Alabama Farmers & Fishermens Market does not allow the sale of Hemp or CBD products. 

Arts and Crafts Vendors

The Market can allow the sale of non-food products (arts and crafts) and other value-added products at the market’s discretion as long as the number of non-food vendors (arts and crafts) does not exceed 30% of the total vendors. Other value added products includes processed foods, and floral products. These products MUST be approved by the market manager prior to being offered for sale.

Vendors not qualifying for growers permits, i.e. craftsmen, etc., require a local business license. All items being offered for sale MUST be approved with the Market Manager.

Sampling/Food Safety

All vendors, regardless of product, must meet the health requirements that prevent food borne illnesses. The standard requirements and recommendations for preparation and sampling at the Coastal Alabama Farmers & Fishermens Market are:

• Preparation of fruit and vegetable samples requiring cutting or slicing shall  be done on-site immediately prior to consumption.
•  No home prepared food samples shall be served at the market.
• Clean knives and cutting boards must be placed in protective plastic containers, food storage bags, wrapped in plastic wrap, etc.
• Clean equipment must be used to cut product, in-use items must be stored so they are protected from contamination.
• Replace soiled knives, cutting boards, etc. with clean items every two hours.
• Use single service items whenever possible.
• Store soiled items in a closed bag or container to avoid attracting insects.
• All fruits and vegetables must be rinsed thoroughly in clean water.
• Products may be rinsed or cleaned prior to bringing them to the market. The items should be stored in disposable food bags.
• Rinse melons in a 200 parts per million chlorine solution prior to slicing for sampling.
• Fruit and vegetable sample servings must be protected from contamination at all times.
• Serving must be done in a manner protecting the sample from any bare hand contact.
• Utilize disposable gloves, single service utensils, napkins or tissues, or toothpicks are all adequate methods to avoid handling prepared samples.
• Any ice used for cooling must be continuously and properly drained to avoid wrapped items soaking in melted ice water.
• Canned items (i.e., jelly, salsa, etc.) may be opened one jar at a time and sampled with clean disposable utensils.
• Use toothpicks, wax paper, paper sampling cups, or disposable utensils to distribute samples.
• Temperature control must be maintained on items needing refrigeration after opening.

The County Environmentalist may have specific additional requirements depending on the food to be prepared and served, the general location of the event or food concession area, the availability of city water and sewage, and other local considerations. The Rules of the State Board of Health require that a permit to operate a temporary food booth be obtained prior to any prepared food being sold.

Meat, Dairy and Eggs 

Meat Products

• Live animals are prohibited for sale at farmers markets in Alabama
• Only raw meats, including fish and seafood, that are processed, packaged, and labeled at an inspected facility or are otherwise exempted from inspection may be sold at a farmers market.
• Beef, pork, poultry and lamb products sold at farmers markets must originate from livestock slaughtered in a government (federal or state) inspected facility.
• All meat and poultry products must be wrapped and labeled with the seal of inspection on package.
• Meat products, other than fish and shellfish, must be brought to the market in frozen condition and kept frozen until sold. Selling packaged meat at the Farmers market requires sanitary handling and temperature control. A mechanical unit capable of maintaining the meat and poultry products in the frozen state is recommended to be used. For example, a freezer could be used.
• Fish and shellfish products may be sold fresh if maintained at a temperature of 37°F to 41°F.
• Meat at farmers markets being sold by resellers will include a “Distributed by/Packed for”, or similar, statement on the labels of their meat products. Conversely, meat products being sold at Farmers markets that are prepared and packaged by the selling vendor will not include a “Distributed by/Packed for”, or similar, statement.

Dairy

Sale of raw milk for human consumption is not legal. All dairy products, including cheese, must be processed, packaged, and labeled at a facility permitted and inspected by the Alabama Department of Public Health’s Milk and Food Processing Branch. Product must have the proper labeling vendor contact information or have information posted so consumer will know who to contact if necessary.

Shell Eggs

Shell eggs are considered farm products and may be sold at farmers markets with proper labeling information on package. Information required is: name and address of egg packer, date eggs were packed, grade and weight. Carton or egg container and egg product itself must be sanitized and free from fecal matter and other farm filth.

EGG WEIGHTS

There are three consumer grades for eggs: U.S. Grade AA, A, and B. The grade is determined by the interior quality of the egg and the appearance and condition of the egg shell. Eggs of any quality grade may differ in weight (size).

U.S. Grade AA eggs have whites that are thick and firm; yolks that are high, round, and practically free from defects; and clean, unbroken shells. Grade AA and Grade A eggs are best for frying and poaching where appearance is important.

U.S. Grade A eggs have characteristics of Grade AA eggs except that the whites are “reasonably” firm. This is the quality most often sold in stores.

U.S. Grade B eggs have whites that may be thinner and yolks that may be wider and flatter than eggs of higher grades. The shells must be unbroken, but may show slight stains. This quality is seldom found in retail stores because they are usually used to make liquid, frozen, and dried egg products.

Egg Label Example:

Wine and Alcohol
 

Wine is prohibited for distribution and/or retailing at farmers markets in the State of Alabama. Alcohol, i.e. beer, whisky, etc., is prohibited for sale at farmers markets.
Controlled substances are prohibited for sale at farmers markets.

Proper Weights and Measurement

All farmers markets must meet the legal measurement guidelines established by the State of Alabama for dry and wet produce. Produce may be sold by weight, measure or count depending on the commodity.  Selling by weight or measure involves legally defined weights and measures. A quart is a legal dry quart or legal liquid quart, not necessarily a quart basket filled past the rim of the basket. A pound is a legal pound, as judged by specially calibrated weights certified by the National Institute of Standards and Technology.

Not all scales are eligible for farmers market usage. Those scales with stamped, “Not legal for use in trade” on them, cannot be used to measure product for sell at markets. Examples of scales not to be used are: bathroom, baby, restaurant portion scales, postal, and kitchen utility scales.
When selling by measure, a standard dry pint or dry quart container is actually measured by the cubic inches it contains, not the shape. An accurate measure would be when the container is filled and struck level across the top sides of the container.   When purchasing containers, be certain they meet the legal definition of pints, quarts, pecks, etc.

Just as water weight can be lost after harvest, volume can decrease as well. Some settling also can occur in transit. The content must be level to the top of the container at the time of sale. It is recommended seller overfill containers to allow for these factors.

When selling by liquid such as cider, the exact amount in the container has to be measured to achieve the correct cubic inch, fluid amount. When selling bakery products, items must have stated weight on packaging or identified so the consumer may make an informed purchase.

Weight scales need to be tested at least once a year.

Market Operations

The governing body and its designated agents shall implement and enforce all rules and regulations pertaining to the operation of the Certified Farmers Market in a fair and equitable manner. The market manager or his/ her designated agent shall have supervision and control of the activities of the market and the market property. He/she has full responsibility for making certain that all rules and regulations as set forth by the BOD are followed by each vendor and/or his/her agent or employee. The market management shall designate the locations for each vendor.

• All vendors are required to bring any necessary items for the presentation and selling of their products. Tables & electric outlets will be available for use.
• Prices must be posted for all items sold.
• Special certifications and permits must be posted.
• Coastal Alabama Farmers & Fishermens Market reserves the right to request changes in set up in order to improve appearance.
• Vendors may only occupy space(s) assigned by the market manager and are expected to relocate if deemed necessary by market manager.
• Displays must be confined to the assigned space including any vehicle used to transport goods.
• Each vendor is responsible for cleaning up the area around their selling space. `        
• All walk space must be kept free and clear at all times.
• If a vehicle, trailer, or display is obstructing vehicular or pedestrian traffic, or is judged by the market manager to be a safety hazard, it must be moved.
• Vendors shall not commit any act or use any language intended to insult, intimidate, or endanger another vendor, market costumer and member of Coastal Alabama Farmers & Fishermens Market. Violators will be immediately expelled from the grounds by the market manager.
• The Coastal Alabama Farmers & Fishermens Market Manager, or a designated member, has the right of supervision and general control of all market operations and shall collect all fees.
• Vendors will be notified of the start and end dates of the market.
• Vendors may arrive at Market no earlier than one hour prior to each market opening time.
• Vendors may not leave prior to end of market. Unless, they have sold out for the day.
• Vendors shall not move their vehicles in or out of the market area during times when such movement poses a danger to others.
• In cases of emergency, vendors may only leave early after consulting the market manager and only if it is clear their movement will not pose a danger to others.
• No person shall sell or offer for sale at the market any item until a selling fee has been paid. Please check in with office upon arrival each market day to sign in, pay fees and  receive market location for the day.
• Payment methods are: CHECK or CASH
• New vendors may be added throughout the season, space permitting, if determined by the market manager the addition will benefit the overall market or fulfill the mission of Coastal Alabama Farmers & Fishermans Market.

Complaints

Any complaint  against any vendor regarding the origin of their produce or goods, or any other matter at the market must be directed to the market manager in writing. Complaint resolution matters of this nature is the responsibility of the Market Manager who shall determine, in their sole discretion,  what type of investigation if any shall be conducted in response to the written complaint; whether or not the written complaint shall be provided to the vendor whom the complaint was directed ; what type of response ( written or oral) a vendor against whom a complaint was made shall be entitled to make; and the time frame in which such a response shall be made.

It is solely the market manager's responsibility  to determine whether a vendor has violated any market rule or regulation or otherwise undermined the smooth operations of the market. Any violation of the rules and regulations can result in dismissal from the market temporarily or permanently.

Attendance

If unable to attend a market, it is the vendor's responsibility to contact the market manager as soon as possible.

The market will be held rain or shine, but will close early at the discretion of the market manager with safety being the first priority. The market manager will notify vendors if the weather is deemed unsafe and the market will not be held.

The market will be canceled if the National Weather Service issues a severe weather warning during the hours of operation.
 

Hold Harmless and Indemnification

Vendor agrees to indemnify and hold harmless the City of Foley, the Coastal Alabama Farmers & Fishermens Market, and its officers/managers, employees and agents from any liability arising from the vendor’s participation in the market. 
 

Market Manger Contact Information

Alescia Forland foleymarketmgr@gmail.com
(251) 709-4469