A Farmer s Guide to California s from Pacific Coast Farmers Market Association

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1 A Farmer s Guide to California s 2015 Certified Farmers Market Laws and Regulations from Pacific Coast Farmers Market Association

2 Executive Summary In 2014, the California legislature passed, and Governor Brown signed, several bills that directly impact California farmers selling in the state s certified farmers markets. The California Department of Food and Agriculture is revising its regulations for farmers markets to align with the new laws. The goal of this report is to provide a reference for California farmers to these changes in laws and regulations. Clear, Consistent, and Honest Speech and Signage Communication by farmers and their staff, both written and verbal, in farmers markets must be honest. False or misleading statements about the farm that grew the products for sale, where these products were grown, and their method of production, is forbidden. Violations of this law are a misdemeanor crime with penalties of jail time or significant fines: up to $5,000. Required Signage for all Farmers All farmers must post at the point of sale in farmers markets a conspicuous and legible sign or banner that contains the name of the farm, the county or counties where the products for sale were grown, and a statement such as we grow what we sell that clearly states that all of the products available for sale were grown by the farm selling them. Special Signage Rules for Organic Products All farmers selling products that are organically grown must post conspicuous signage at the point of sale stating that fact. This rule applies to both products that are registered with the state as well as those products that are certified by a third-party certifier. Special Signage Rules for Second Certificates Farmers who take advantage of the second certificate rules to sell products from other farmers must separate those products from their own and post a separate sign identifying the farm that grew those products, alongside those products. Special Signage and Labeling Rules for Processed Agricultural Products Farmers selling processed products must either post on a sign at the point of sale or include on the product label that the processed product was made from agricultural products grown by the farm selling the processed product, the name of the farm, and the city or cities where the farm is located Certain incidental ingredients, such as flavorings or preservatives, can be in these processed products. The presence of these ingredients that the farmer did not produce does not make the sign incorrect or violate the requirement that the signage be honest. Exemptions from Standard Pack Rules sales in certified farmers markets allow farmers to be exempt from the state of California s standard pack rules that govern sales of many of the state s agricultural products. Similar exemptions exist for farm stands and Community Supported Agriculture (CSA) programs. The exemption allows farmers to sell their products at a certified farmers market to someone who will consume the food, or to someone who will sell or give away the food to someone who will then consume it. New Definitions of Product Types and Where They Can be Sold Certified agricultural products are fresh fruits, vegetables, eggs, honey, flowers, mushrooms, herbs and nursery plants. These generally can be sold only in the certified section of a farmers market and not in the non-certified section. non-certifiable agricultural products include bee pollen, beeswax, meats, fish and shellfish that are produced within the state of California as well as products created by the processing of agricultural products. These can generally be sold within the certified section of a farmers market. non-agricultural products such as arts, crafts, bakery items, candles, soaps, pottery, clothing, pasta and candles can only be sold in the non-certified section of a market. They cannot be sold in the certified section even if sold by a certified producer or made from a certified agricultural product or non-certifiable agricultural product. Page 2 Pacific Coast Farmers Market Association

3 A product that combines an agricultural product with a nonagricultural product in a way that increases the purchase price of the combined product such as a nursery plant sold in a decorative pot cannot be sold in the certified section of a market. It can only be sold in the non-certified section. Safe Sampling Under the Control of Staff Food samples in a farmers market must be distributed by the producer without any chance of the consumer contaminating the remaining samples. Self-serve sampling is not allowed. All preparation of samples must take place in a space that has overhead protection. samples must be kept in clean, nonabsorbent, covered containers designed for food storage. Clean disposable gloves must be worn when cutting food samples. Produce must be washed in potable water before sampled or prepared for sampling. Any potentially hazardous foods must be kept at 45 degrees or lower or disposed of two hours after preparation. If reusable items are used to prepare samples, proper wash stations including three separate basins for the washing, rinsing and sanitizing of the items must be used. The wash stations are not needed if disposable items are used to prepare samples and are then promptly disposed of. New Definition of a Producer A producer is either a person or a legal entity, such as a partnership or corporation, that grows agricultural products on land that the producer controls. That control could be ownership of the land, a lease, or a sharecropping agreement. New Definition of Authorized Representative only a producer or a person authorized by the producer to conduct business on his or her behalf is allowed to represent the farm and sell its products in a farmers market. A person designated by a producer as his or her authorized representative cannot also be an authorized representative for another producer in the same farmers market on the same day, unless the Certified Producers Certificates of the two producers are cross-referenced through the second certificate process. A producer must submit a list of their authorized representatives to the agricultural commissioner of each county in which they are selling in certified farmers markets. New Definition of Agricultural Production All agricultural products sold in a certified farmers market must be sold by the producer who grew the products through the act of agricultural production which has specific requirements depending upon the types of products to be sold. sales of fruits and vegetables and other plant-based products requires the producer to be predominantly responsible for the planting, growing, fertilizing, irrigating, pest control and harvesting of the products. sales of meat or dairy products require the producer to be predominantly responsible for the raising, feeding, veterinary care and product harvesting of the products sold. sales of nursery stock require the producer to be predominantly responsible for the planting of seeds or root stock and caring for the product for at least 30 days and until it has developed roots. New Rules for Honey Producers Honey producers may sell only certain products in the agricultural section of a farmers market. These products are honey, pollen, unprocessed beeswax, propolis, and royal jelly. Other products often sold by honey producers such as beeswax candles, lip balms, or hand creams cannot be sold in the certified section of a farmers market. Honey producers who are selling in the non-certified section of a farmers market may sell all products that they are allowed to sell in the certified section of a farmers market, and the other products such as candles and hand creams. Pacific Coast Farmers Market Association Page 3

4 Executive Summary Ban on Sale of Products for Resale in a Farmers Market Agricultural producers and product dealers may not sell agricultural products to a producer with the knowledge that those products are intended to resold in a farmers market. New Record-Keeping Rules for Farmers Farmers who sell products through the second certificate program must keep records showing the date and amount of produce transferred from the producer growing the products to the producer selling the products. All of the products must be recorded in these records in the same way that they are listed on the Certified Producer s Certificate of the farmer who grew the products. In order to sell products in a farmers market, a producer must control the land on which the products are grown throughout the growing cycle. A producer who takes control of land on which products are ready for harvest may not sell those harvested products in a certified farmers market. Small Farm Food Safety when applying for a Certified Producer s Certificate a producer must declare that they will comply with CDFA s Small Farm Food Safety Guidelines which provide best practices for cleanliness on the farm and good hygiene for farm workers to prevent contamination of food products in farmers markets. Any sales of 25 pounds or more of a single agricultural product to a consumer must be accompanied by documentation that includes the name and address of the producer making the sale, the list of products sold, the amount of each product sold, and the date of the sale. All agricultural producers must turn in to the farmers market operator a list of the products brought to market that day, described in the same manner that they appear on the Certified Producer s Certificate; the market date, and the amount of each product sold. This list must also include the amount of raw products that went into any processed products sold by the producer that day. New Rules Documenting Farm Land Access Farmers who are growing products on land accessed through a partnership or share cropping arrangement must provide the agricultural commissioner of the county in which they are farming a copy of the written agreement which gives them access to the land. The agreement must include a description of the property including its location and dimensions, a description of the involvement of all parties to the agreement, a statement that the land described is under the control of the partnership, and the date of the agreement. Farmers who are growing products on land accessed through a land lease must provide copy of the lease which includes notarized signatures of both parties, a description of the property, and the cost of the lease. Page 4 Pacific Coast Farmers Market Association

This material is based upon work supported by USDA/NIFA under Award Number 2012-49200-20030.

5 This material is based upon work supported by USDA/NIFA under Award Number For a list of helpful resources, including the current California Food and Agriculture Code and state regulations, please visit pcfma.org/agcode The principle author of this guide is Allen Moy, Executive Director of the Pacific Coast Farmers Market Association (PCFMA) with assistance from Ben Palazzolo, PCFMA s Director of Direct Marketing; PCFMA Regional Managers Greg Pursley and Jorge Vega, and Ben Feldman, Food and Farming Program Director at the Ecology Center. The design of this guide is the creative work of Jessica Zimmerman, PCFMA Marketing and Promotions Specialist, with the assistance of Stefan Robinson, PCFMA s Director of Marketing & Promotions and PCFMA Marketing and Promotions Specialists Debra Morris and Alyssia Plata. All photos are by PCFMA staff. Sincere thanks go to the Western Center for Risk Management Education at Washington State University for their support of this project and to the California Alliance of Farmers Markets for their partnership in distributing this guide to farmers markets throughout California. Duplication and distribution of this guide with proper attribution is encouraged. Pacific Coast Farmers Market Association Page 5

6 PCFMA.ORG 5060 Commercial Circle, Ste. A, Concord, CA 94520

Prince George Farmer s Market 2017 Rules and Regulations

Prince George Farmer s Market 2017 Rules and Regulations 1. Hours and Days of Operation The will be open, rain or shine, on Saturdays from 8 am to 12 noon during the season which generally runs from the second Saturday of May to the last Saturday of October.