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AGRI-TOURISM ADVISORY COUNCILS’
CAPITAN FARMERS’ MARKET
Rules and Regulations
1. Mission
Agri-Tourism Advisory Council (ATAC) Capitan Farmers’ Market will focus on improving access to healthy foods for children and adults, while enhancing local food production and distribution for New Mexico’s small-scale agriculturists. Market’s objective is to support New Mexico’s small-scale agricultural producers and provide a low-risk start up and outlet for local micro-enterprise.
2. Market Guidelines
A. The Market Advisory Board will determine stall fees. Space fees will be 5% for ATAC members, 10% for non-ATAC members, and 15% for non-agriculture items of the gross sales. Each Vender will use the honor system for reporting sales.
B. The Market Advisory Board reserves the right to randomly audit Vender sales, as they deem necessary.
C. The Market reserves the right to invite limited-time “Guests of the Market” for purposes of participating in special events or demonstrations. The Market Advisory Board may admit these Guests, whether or not they meet the 100% New Mexico-produced or craft ratio rules, if Market Advisory Board determines the limited-time program they offer fits within the mix and mood of the Market. This does not entitle admittance of any venders.
D. The Market reserves the right to sell a limited array of fruits and vegetables and foods not available locally due to seasonal or geographic production constraints. A list of these foods will be agreed upon by the Market Advisory Board, and will be ascertained to not conflict or compete with any local Agricultural or Craft Vender participating in the Market.
3. Vender Guidelines
In addition to the following Rules and Regulations, all venders agree to all city, county, state, and federal laws and regulations.
A. Complete and submit:
1. Completed and signed vender information sheet.
2. Copy of liability insurance, if applicable.
B. Read and agree to abide by the ATAC Farmers’ Market rules and regulations.
C. Provide all necessary paperwork (required by the Farmers’ Market, by Federal laws, and by State laws) must be on file at the Farmers’ Market office before a vender can sell at the Market.
4. Vender Selection
A. All Vender applications to be juried by the Market Advisory Board.
B. The Market Advisory Board has the right to accept or reject any applicant, but the criteria for acceptance will be based on the following guidelines:
1. Agricultural
a. Farmers who raise, cultivate and harvest their produce, herbs, flowers, nursery crops for sale at the market. Included in this category are also beekeepers, egg, dairy, meat producers and fishermen and farmers who process their own raw product into ‘value-added’ items.
b. “Agricultural Vender” shall be defined as the producer of goods sold or as the producer’s representative(s).
c. Agricultural producers throughout New Mexico are welcome but shall not conflict or compete with any local Agricultural product of like kind.
d. No reselling to be permitted by Venders.
e. The Market will start out with two (2) Agricultural venders to 1 Craft vender.
2. Crafts
a. Crafters are persons who craft with their own hands the products that they offer for sale at the Market.
b. Crafts containing materials native to New Mexico as a major ingredient in the product will be given preference.
c. The Market Advisory Board must successfully jury all craft Venders, to qualify for acceptance in the Market. The Market Advisory Board may reserve the right to admit craft Venders who do not meet the 50% native materials rule on year-to-year basis, if the Market Advisory Board determines the product fits within the mix and mood of the market.
3. Prepared/Processed food:
a. Prepared/Processed Food Venders offer fresh food products they have processed themselves (in a commercial kitchen) into products for sale.
b. Priority will be given to Venders using and documenting locally grown ingredients and also those selling to local businesses.
c. All food Venders will be juried by the Market Advisory Board based on how well the products offered meet the above stated goals and mix of the market.
d. All food Venders must meet any applicable local state and federal regulations.
e. Prepared/Processed Foods will be included in the Agricultural ratio.
5. Stall Guidelines
A. Products being sold are grown or produced by Vender or their representative(s).
B. A Vender or their representative(s) can sell other growers’/producers’ products provided the following criteria are met:
a. Products are grown or produced locally or in New Mexico.
b. Products being sold have not been purchased at wholesale or retail outlets for resale.
c. The Market Manager must authorize any exceptions.
C. Necessary information, i.e. health permits, proof of insurance, tax
license, etc., will be available at all times and copies will be on file with the Market Manager.
D. All scales must be accurate.
E. Venders will sell at designated stall space and maintain their stall
space in a clean, sanitary and safe condition.
F. Signs will be accurate and truthful.
G. Venders who mark their products as “Organic” must have proof of certification on display or must show that they meet the National Organic Program requirements for exempt producers.
H. Music played must not be disruptive to neighboring stalls or overall Market.
I. Selling will not start until the posted Market opening times and breakdown must began promptly at posted Market closing times (no early breakdowns) with complete clean-up of stall area including being off of the lot finished within one (1) hour.
J. Pre-market sales, post market sales and early breakdown are only allowed with permission of the Market Manager.
K. Venders must pay their sales dues to the Market Manager by ½ hour past the designated market closing time.
L. Venders and management are expected to maintain a high level of honesty and respect towards one another and customers and conduct themselves in a courteous and helpful manner. Rudeness and dishonesty are grounds for suspension from the market.
6. Space Assignments
A. The Market Manager will assign venders stalls.
B. Venders may be moved throughout the season in order to accommodate the size of the market.
C. Stalls must be ready by market opening time.
D. Venders are expected to notify the Market Manager of intended absences at least 24 hours in advance.
7. Market Safety
A. Venders should not be setting-up until one hour prior to market
Opening.
B. Vehicles may park at outdoor stall spaces provided adequate overall
Market space is available and Vender arrives at least 30 minutes prior to market opening time.
C. Late arrival participation will be contingent on space available and
Vender will park outside designated market boundaries and carry wares to stall space.
D. Venders will not move their vehicles during market hours without first
notifying the Market Manager and only if it is safe and not disruptive to the overall market.
E. Venders will be responsible for the safety and behavior of their
children.
F. Miscellaneous: No firearms. No drugs. No alcoholic beverage
consumption by Vender during market shift.
8. Sales Taxes and Permits
A. Each Vender is responsible for collecting his/her own sales taxes,
where it is applicable. Farmers are exempt from sales taxes. Value-added producers (for example, bakers) are required to collect and submit to sales taxes to the State of New Mexico. Seafood Venders are required to have (and display) a current commercial fishermen license.
9. Insurance
A. Venders must have all insurance required by state and federal law.
B. All authorized Venders participating in the ATAC Farmers’ Market shall be individually and severally responsible to ATAC Farmers’ Market for any loss, personal injury, deaths, and / or any other damage that may occur as a result of the Vender’s negligence or that of its servants, agents and employees, and employees, and all Venders hereby agree to indemnify and save ATAC Farmers’ Market harmless from any loss, damages, and other expenses, including attorneys’ fees, suffered or incurred by ATAC Farmers’ Market by reason of the Vender’s negligence or that of its servants, agents and employees.
10. Market Violations
A. Any Vender violating the above stated rules and regulations of the ATAC Farmers’ Market or the regulations of the Lincoln County Health Department or other local, state, or federal agencies may be automatically expelled from the market.
B. The Market Manager has discretion to make any on-site decisions
regarding violations.
C. Venders may be issued a written notification or verbal warning for
Market violations. Subsequent violations will receive written notification to meet with the Market Advisory Board to resolve the conflict.
D. When the Market Manager determines, at his/her sole discretion, that a vender has violated any provision that undermines the smooth operation of the market, a Vender may receive the following penalties:
a. Vender can loose the right to sell for 1 – 3 weeks.
b. Venders can be expelled from the market.
11. Modifications
A. The Market Advisory Board reserves the right to revise the ATAC Farmers’ Market Rules and Regulations as deemed appropriate at any time.
12. Civil Rights
A. In accordance with Federal law and U.S. Department of Agriculture policy, discrimination on the basis of race, color, national origin, sex, age or disability is prohibited.
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