2016 Torrington Farmers Market

Transcription

1 2016 Torrington Farmers Market c/o 4516 US Hwy 26/85 Torrington, WY June 2016 There will be one (1) Torrington Farmer s Market on Thursday s beginning July 21 st at 5:00PM at the City Park, Torrington Hwy 26/85 and West C Street. The market will run every Thursday through October 6 th and may be extended past that date if the weather cooperates and products are still available. The market will begin promptly at 5PM. Please note: 1. Vendors may leave the market at any time. 2. There will be no closing time. 3. Vendors may stay as long as they choose or until sold out of products. 4. NO PRE-SALES ARE ALLOWED. 5. Vendors may pay for all markets they plan to attend prior to the market opening on July 21 st. We ask that you familiarize yourself with Wyoming HOUSE BILL NO. HB0056, aka, The Wyoming Food Freedom Act. Effective March 3 rd, 2015, the bill changed the face of Farmers Markets across the state. The Wyoming Department of Agriculture has no control over what is being sold in markets or out of a person s home according to WDA Assistant Director, Linda Stratton. In order to protect yourself it is recommended you know your product(s) so your customers will be the informed end consumer. A sign will be provided for each vendor to display regarding Wyoming HB0056. Enclosed are: 1. Frequently asked questions from the WDA regarding the bill 2. Torrington Farmers Market Rules and Regulations and Waiver and Release of Liability 3. A vendor contract. Please read through these documents to familiarize yourself with the changes to this year s market. Questions? Call the Extension Office, and leave a message for: Carol Morrison, Sue Hays, Nick Gompert or Caleb Carter. We will return your call as soon as possible. Note: All spaces are on a first come first served basis. Market fees are $10.00 per every 10 of space used. There are 13 market dates for If you choose to participate in all 13 markets the yearly charge will be $120 1 date no charge as a thank-you for participating. Booths must be set up and ready for customers by the market start time of 5PM each Thursday. Vendors arriving after the start time will not be allowed to participate in that day s market. Again, note that vendors may leave at any time during the market. Please refrain from smoking at your booth. The market is a No Smoking area for vendors. All vendors must comply with Food Safety guidelines as set by the Wyoming Department of Agriculture. Please check the current regulations for any changes from last year. Copies of the regulations may be obtained from the Wyoming Department of Agriculture, Consumer Health Services, Farmers Markets and Home Produced Foods Requirements It is suggested vendors take a basic Food Safety handling course if you have not already done so. This is for your protection as well as the protection of your customers. After you have read through the items return the Vendor Contract and Waiver and Release of Liability to: TFM 4516 US Hwy 26/85 Torrington, WY You will not have to sign a release for each market if you return one prior to the start of the market season. Also include fees for the market(s) you will be attending. If you are unsure of the number of markets you will participate in you may send fees for those you know you will attend. Fees for additional markets will be collected the day of the market. All fees are used for advertising the Torrington Farmer s Market. Carol Morrison, Sue Hays, Nick Gompert are the market manager s for Torrington Farmers Market Board of Directors Carol Morrison Sue Hays Nick Gompert Caleb Carter

2 STATE OF WYOMING 15LSO HB0056 HOUSE BILL NO. HB0056 Wyoming Food Freedom Act. Sponsored by: Representative(s) Lindholm, Blake, Hunt and Kroeker and Senator(s) Driskill A BILL for AN ACT relating to agriculture; creating the Wyoming Food Freedom Act; exempting certain sales from licensure, certification and inspection; providing definitions; providing conforming amendments; granting rulemaking authority; and providing for an effective date. Be It Enacted by the Legislature of the State of Wyoming: Section 1. W.S through are created to read: CHAPTER 49 MARKETING HOMEMADE FOODS Short title STATE OF WYOMING 15LSO-0276 HB0056 This article is known and may be cited as the "Wyoming Food Freedom Act." Definitions. (a) As used in this article: (i) "Delivery" means the transfer of a product resulting from a transaction between a producer or by the producer's designated agent and an informed end consumer. The delivery may occur at a farm, ranch, farmers market, home, office or any location agreed to between the producer and the informed end consumer; (ii) "Farmers market" means as defined in W.S (a) (xxviii); (iii) "Home consumption" means consumed within a private home, or food from a private home that is only consumed by family members, employees or nonpaying guests; (iv) "Homemade" means food that is prepared in a private home kitchen, which kitchen is not licensed, inspected or regulated; (v) "Informed end consumer" means a person who is the last person to purchase any product who does not resell the product and who has been informed that the product is not licensed, regulated or inspected; (vi) "Producer" means any person who harvests any product of the soil or animals for food or drink; (vii) "Transaction" means the exchange of buying and selling Wyoming Food Freedom Act; purpose; exemptions; assumption of risk. (a) The purpose of the Wyoming Food Freedom Act is to allow for the sale and consumption of homemade foods and to encourage the expansion of agricultural sales by farmers markets, ranches, farms and home based producers and accessibility of the same to informed end consumers by: Facilitating the purchase and consumption of fresh and local agricultural products (ii) Enhancing the agricultural economy; (iii) Providing Wyoming citizens with unimpeded access to healthy food from known sources. (b) Except as provided by W.S and notwithstanding any other provisions of law, there shall be no licensure, permitting, certification, inspection, packaging or labeling required by any state governmental agency or any agency of any political subdivision of the state which pertains to the preparation, serving, use, consumption or storage of foods or food products under the Wyoming Food Freedom Act. Nothing in this article shall preclude an agency from providing assistance, consultation or inspection, when requested by the producer. (c) Transactions under this section shall: Be directly between the producer and the informed end consumer; (ii) Only be for home consumption (iii) Occur only in Wyoming (iv)not involve interstate commerce. (d) Except for raw, unprocessed fruit and vegetables, food shall not be sold or used in any commercial food establishment unless the food has been labeled, licensed, packaged, regulated or inspected as required by law.

3 (e) Any food product sold at a farmers market shall be labeled and signs shall be conspicuously posted informing consumers that the food product or food is not certified, labeled, licensed, packaged, regulated or inspected. (f) Not potentially hazardous food as defined by W.S (a)(xxx) shall not be labeled, licensed, regulated, packaged or inspected if it is sold at a farmers market or sold from a producer to an informed end consumer. (g) Nothing in this article shall be construed to impede the Wyoming Department of Health in any investigation of food borne illness. (h) Nothing in this article shall be construed to change the requirements for brand inspection or animal health inspections. (j) Any informed end consumer purchasing products under the Wyoming Food Freedom Act assumes the inherent risks in the purchase, use or ingestion of the food or food products purchased, whether those risks are known or unknown, and is legally responsible for any and all damage, injury or death to himself or other persons or property that results from the inherent risks of purchasing or ingesting food or food products under the Wyoming Food 19 Freedom Act. (k) A producer as defined by W.S (a)(vi) is not required to eliminate, alter or control the inherent risks related to the purchase, ingestion or use of food or food products related to a transaction under the Wyoming Food Freedom Act, except as otherwise required under subsection (e) of this section. (m) Actions based upon negligence of the producer wherein the damage, injury or death is not the result of an inherent risk of the purchase, ingestion or use of food or food products related to a transaction under the Wyoming Food Freedom Act shall be preserved pursuant to W.S (n) The assumption of risk provisions in subsections (j) through (m) of this section apply irrespective of the age of the person assuming the risk Sale of custom processed meat; rulemaking authority. (a) Meat which is processed by a custom meat processor may be sold by a producer to an informed end consumer under this act if the meat is inspected and approved under the state meat inspection program developed pursuant to W.S (a)(x). (b) The department of agriculture shall promulgate rules and regulations necessary to carry out the provisions of this section. Section 2. W.S (a) by creating a new paragraph (xxxi) and by renumbering (xxxi) as (xxxii) and by creating a new subsection (h) are amended to read: Definitions. (a) As used in this act: (xxxi) "Commercial establishment" means and includes any place or any area of any establishment that is a wholesale or retail business where foods, drugs, devices and cosmetics are displayed for sale, manufactured, processed, packed, held or stored. "Commercial establishment" shall not include: (A) Any farmers market; or (B) Any business or person engaged in transactions pursuant to W.S (xxxi)(xxxii) "This act" means W.S through License required; exemptions; electronic transmittals. (h) The provisions of subsection (a) of this section shall not apply to a producer selling food directly to the informed end consumer at a farmers market or through ranch, farm or home based sales pursuant to W.S The definitions in W.S shall apply to this subsection. Section 3. This act is effective July 1, (END)

4 Wyoming Food Freedom Act In 2015, the Wyoming Legislature passed HB0056, creating the Wyoming Food Freedom Act, W.S through , which became effective March 3, The general purpose of the Wyoming Food Freedom Act is to allow for the sale and consumption of homemade foods. 1. Q. Where can the producer sell their food? A. A sale and delivery may take place at a farm, ranch, farmers market, office, or any location agreed to between the producer and the informed end consumer. 2. Q. What is an informed end consumer? A. An informed end consumer is a person who is the last to purchase any product, who does not resell the product, and who has been informed that the product is not licensed, regulated, or inspected. 3. Q. What is a farmers market? A. A farmers market is a common facility or area where several vendors may gather on a regular, recurring basis to sell a variety of fresh fruits and vegetables, locally grown farm products and other items directly to consumers. 4. Q. Is one vendor a farmers market? A. No. 5. Q. Are roadside stands allowed under the Food Freedom Act? A. The Food Freedom Act does not specifically prohibit roadside stands. 6. Q. What is homemade food? A. Homemade food is food that is prepared in a private home kitchen that is not licensed, inspected, or regulated. 7. Q. What types of homemade foods are allowed? A. Produce and home-processed foods that are processed without meat or wild game (except for poultry and poultry products). 8. Q. Can poultry and poultry products be sold under this act? A. Yes, as long as the producer stays under the United States Department of Agriculture poultry exemption of less than 1,000 birds. 9. Q. Does this Act allow the sale of raw milk and products made from raw milk? A. Yes.

5 10. Q. Can these products be sold to a licensed establishment? A. No, except for raw, unprocessed fruit and vegetables. Food shall not be sold or used in any commercial food establishment unless the food has been labeled, licensed, packaged, regulated, or inspected as required by law. 11. Q. Can meat such as beef, pork, lamb, or goat be sold under this act? A. No. Meat and meat products must be slaughtered, processed and labeled in a state or federally inspected meat plant. 12. Q. Can a producer sell a live animal intended for slaughter? A. Yes. 13. Q. Can the sale of portions of animals for future delivery be made at a farmers market, farm, ranch, or private home? A. Yes, provided that the processing of the portion of animal is done by a Wyoming or federally inspected and licensed processing facility. 14. Q. Can wild game and game products be sold under this act? A. No. W.S prohibits the sale or barter of wild game, animals, birds, or fish. 15. Q. Can any of the products be shipped interstate? A. No. Transactions under this Act shall only occur in Wyoming. 16. Q. Can out-of-state producers sell in Wyoming? A. No. Transactions shall not involve interstate commerce. 17. Q. Can a person cater out of their home under this act? A. Under the Act, a producer may only cater to a private home. 18. Q. Can a producer prepare food onsite at the farmers market? A. No, this becomes a temporary food stand and must be licensed. The only exemption to this is for a person to cook a product prepared in a home kitchen and given out as samples at the farmers market. 19. Q. Can a home producer do internet sales under this Act? A. Yes, but only for delivery within Wyoming. 20. Q. Do ungraded eggs still have to meet the requirements of the Wyoming Food Rule? A. Yes, but the Wyoming Food Rule already allowed sales of ungraded eggs consistent with existing USDA Federal Regulations and exemptions. Sales of ungraded eggs was and remains legal. Eggs must be clean and refrigerated. If desired, clean cartons in good condition may be reused if all labeling from original use is marked out. The carton should be labeled with the name and address of the producer, a packaging date and state "ungraded" and keep refrigerated. 21. Q. Does the Act permit the Wyoming Department of Health to investigate any food-borne illnesses? A. Yes. 22. Q. Can food items be frozen then taken to the Farmer's Market and sold as a frozen product? A. Yes. It is recommended the items be kept frozen through the sale to the informed end consumer.

6 23. Q. How can fish be sold at the Farmer's Market? A. As noted in question number 14 above, wild fish cannot be sold at a farmers market under the Wyoming Food Freedom Act. Any other fish would be considered a food and would be able to be sold at a farmers market. It is recommended the fish that is sold be maintained at proper temperatures. 24. Q. What are the requirements on how to inform the end consumer? A. The Wyoming Food Freedom Act does not state how the producer shall inform the end consumer just that they shall inform the end consumer that any food product or food sold at a farmers market or through ranch, farm or home based sales pursuant to this section (of the Act) is not certified, labeled, licensed, packaged, regulated or inspected. 25. Q. Where does the liability lie if an illness occurs? A. This is a question to direct to your attorney. 26. Q. Is a sampling license required for giving out samples of produce? A. The Wyoming Food Freedom Act does not allow for any type of licensing. 7/7/15

7 Torrington Farmers Market Rules and Regulations Goals of the Torrington Farmers Market are to provide a venue for local growers to market their products. Time and Place: Every Thursday afternoon beginning July 21 st through October 6 th at the Torrington City Park located at Hwy 26/85 and West C Street. Market hours: 5PM until vendors choose to leave. Fees: Vendor fee: $10.00 per space due at set up time or prepaid in advance. Vendors will be allotted a 10 x 10 space. Vendors needing two or more spaces will be charged $10.00 for each additional 10 or portion of space used, i.e., if you need 25 you will be charged $25. Market Managers may measure the space if there is a question regarding how much space your booth is occupying. Fees may be made in advance see vendor contract. All fees are payable to Goshen County Master Gardeners. Booth spaces are first come first served. No spaces are assigned other than for the Market Manager. Vendors may begin set up for Thursday Market between 4-5PM; sales begin at 5PM. *****NO PRE WHISTLE SALES WILL BE PERMITTED***** VENDORS ARE EXPECTED TO CLEANUP SPACES PRIOR TO LEAVING AND MAY LEAVE AT ANY TIME Local Production Area and place of Origin: Produce for sale at the TFM should be produced within the Local Production Area. Local Production is defined as a 50 mile radius of Torrington, Wyoming, or within the State of Wyoming. Exceptions may be made with permission of the Market Managers. All produce imported from outside the local production area must be prominently labeled with the place of origin. Produce must be bagged on site. PREPACKAGING MAY BE DONE IF THE PACKAGE IS NOT CLOSED. Food products should be priced by the piece, each, bunch, bag or weight. Weight must come from a scale certified by the Wyoming Department of Agriculture, Technical Division, Weights and Measures. State and Federal Regulations: Knowledge of and compliance with all State and Federal regulations regarding the production, labeling, display and sale of all products at the market is the responsibility of the vendor. This includes sales tax if applicable. Producers shall familiarize themselves with Wyoming HB0056, the Wyoming Food Freedom Act that took effect March 3 rd, The producer shall inform the end consumer that any food product or food sold at a farmers market or through ranch, farm or home based sales pursuant to this section (of the Act) is not certified, labeled, licensed, packaged, regulated or inspected. Meat products: See the Wyoming Department of Agriculture regulations regarding meat products. Ungraded eggs may be sold in clean cartons and have NO USDA stamp on them. Labeling must include: Ungraded Eggs, Name and address of the producer, packing date, Keep Refrigerated (if not already in the carton). Eggs must be kept at 45 degrees or less. Calibrated thermometers are to be kept in storage containers for eggs at all times when selling at the market and will be checked for appropriate temperature by market personnel. Ice may not be used to hold eggs at temperature. The Wyoming Department of Agriculture has 3 certified egg graders in Goshen County. It is suggested that a sampling of eggs to be sold be checked by a WDA grader prior to selling at the market. Contact the Goshen County Extension Office to reach a WDA Egg Grader. Failure to comply with these rules and regulations may result in loss of privilege to sell at the TFM or require removal of products for sale. I, the undersigned, have read and understand and will comply with the rules and regulations established for the 2016 TFM. Signature Date

8 Torrington Farmers Market Waiver and Release of Liability 1. The undersigned, hereby acknowledge that I have voluntarily applied to participate in the Torrington Farmers Market (TFM). 2. I understand that the activity of participating in the TFM involves certain real and unpredictable risks and exposures. I am cognizant of the risks and dangers inherent with the activities in which I will be participating and acknowledge that I am fully capable of participating in the TFM. I willingly assume ALL risk of injury and damages as my responsibility, including damages to produce, property and/or person whether such risks are obvious or not obvious, intentional or unintentional. 3. I understand and agree that any bodily injury, death or loss and expenses as a result of my negligence arising out of my participation with the TFM are my sole and full responsibility. 4. As lawful consideration for being permitted to participate in the TFM, I intentionally, voluntarily, knowingly and intelligently WAIVE any and all claims, losses, injuries, demands, damages and causes of action that may now or hereafter arise out of my participation in said TFM and RELEASE from any legal liability and agree not to sue, claim against the property of or prosecute and to IMDEMNIFY and HOLD HARMLESS TFM, Goshen County Master Gardeners, attorneys, appointees, agents, representatives and employees for any and all injury, loss, damages or death caused by or resulting from my voluntary participation in the activities mentioned in Paragraph 1, whether or not such injury or death was caused by negligence or any other cause. 5. This contract shall be legally binding upon me, my spouse, my children, my heirs, my estate, agents, successors, assign legal guardians and my personal representatives. 6. I have carefully read this agreement and fully understand the contents. I am aware that I am releasing legal rights that I otherwise may have and I enter into this contract on behalf of myself of my own free will and with full comprehension and awareness of the risks involved. THIS IS A VAIVER AND RELEASE OF LIABILITY. DO NOT SIGN THE RELEASE IF YOU HAVE NOT READ IT COMPLETELIY OR DO NOT UNDERSTAND OR DO NOT AGREE WITH ANY OF ITS TERMS. Participant Date

9 Vendor Contract Torrington Farmers Market Business name: Contact: Address: Phone(s): address: Products to be sold at market do not list all products, only a few for advertising purposes Market dates for 2016 please check the dates you would like a booth space [ ] July 21 [ ] July 28 [ ] August 4 [ ] August 11 [ ] August 18 [ ] September 15 [ ] August 25 [ ] September 22 [ ] September 1 [ ] September 29 [ ] September 8 [ ] October 6 --Additional dates may be added, weather dependent-- *Booth cost: $10 per every 10 feet of space used. *All vendors must adhere to proper food handling practice *No electricity is available *It is the responsibility of each vendor to have proper permits if you plan to provide samples for customers