Rules & Regulations
Aggieland Farmers Market
Rules and Regulations
The Aggieland Farmers Market (“AFM”) is a nonprofit Texas corporation formed for the purpose of starting and operating a farmers market (the “market”) in Bryan/College Station, Texas. Any vendor or other participant in any market operated by the AFM agrees to and must abide by this agreement (the “rules and regulations”).
The AFM serves Bryan/College Station and its surrounding communities to support a local food economy by providing a gathering place to promote locally grown, in season, fresh produce and products and making connections between local farmers, local food based companies and the community at large.
The AFM is a producer’s market. We maintain a strict focus on food and farms, showcasing locally grown, sourced, and produced foods. All products, both food and non-food, must be produced by the vendor. No re-selling is allowed.
The predominant vendor emphasis will feature 80% farm and food products grown and produced within a 100 mile radius of Bryan/College Station, Texas and 20% select artisans. Included in the 20% of artisans, there may also be a limited number of corporate vendors that shall not comprise more than 5% of the total number of vendors. All vendors must have an approved application on file and remain current with vendor and booth fees to be in good standing with AFM. Approval is on an annual basis and may be revoked pursuant to the following rules and regulations.
To sell a product at a market operated by AFM, a vendor must agree to and abide by these rules and regulations. For information about becoming a member please see the vendor page on the AFM website.
Rules and Regulations of the AFM are subject to change and can be done so at any time at the discretion of the AFM Board.
Definitions
Board: The Aggieland Farmers Market Board of Directors.
Booth: An area designated by the Market Manager where the vendor sets up his or her booth.
Community Booth: A non-vendor booth for nonprofit organizations that is designated by the Market Administrator.
Community Art Booth: A booth that may be designated by the Market Administrator to sell local artwork. Additional details will be provided if a community art booth is designated.
Corporate Booth: A booth that may be designated by the Market Administrator for a corporate business in which a service is being provided.
Local Product: Any product grown, produced or manufactured within 100 miles of Bryan/College Station, Texas
Prepared Food: Any food or drink, whether fresh or frozen, prepared on site and sold at the market for immediate or later consumption.
Market Administrator: Market contractor who supervises the day-to-day organization and administration of market business.
Market Manager: Board member who supervises the activities at the market.
Producer: The farmer, harvester, or grower of any raw agricultural product or the person who produces any value-added item whether ‘ready to eat’ or ‘craft product’.
Monthly Vendor: A vendor who attends the market every Saturday or almost every Saturday.
Re-selling: Sale of a product that is not produced, farmed, grown, or harvested in the wild by the vendor selling the product at the AFM.
Value-Added Product: A processed agricultural item, edible or inedible, that is ready for sale at the market without additional processing.
Vendor: A seller of goods or services who has: 1) filled out an application, 2) been approved by the Market Manager, 3) paid all appropriate fees, and 4) if selling produce, has passed inspection. Being a vendor is limited to annual participation, which can be revoked pursuant to these rules and regulations.
Weekly Vendor: A vendor who attends the market only 1 or 2 Saturdays each month, or less.
General Information and Vendor Specifics
Being a vendor at the AFM is an AT WILL agreement.
The Board of Directors is under no obligation to approve any applicant as a vendor.
Sending in an application is NOT, in and of itself, acceptance of being a vendor.
A potential vendor must first have written approval from the Market Administrator before setting up, selling, or participating at any upcoming Market.
The Market Manager can terminate any vendor’s participation for any reason, subject to the rules and regulations.
Unapproved booths, vendors, or individuals selling at the AFM will be asked to leave.
NO re-selling of any agricultural products from other farmers markets, wholesale outlets, non-approved growers, or other non-farm venues will be allowed. Violation can result in substantial fines and immediate termination as a vendor.
Vendors may not set up and sell their product at any time other than the regularly scheduled market day.
All farms must be within 100 miles of the market.
Space assignments at the market are at the discretion of the market administrator.
FEES: Monthly vendor fee is $75 for a single space, $120 for a double space, $150 for a triple space. Weekly vendor fee for non-monthly vendors is $35/week. Corporate vendor fee is $100/week or $250/month.
Applying vendors must visit the market and meet with the Market Manager or Market Administrator prior to being considered for membership. This helps with understanding market site plan, flow, and set-up/equipment expectations.
Selling and Participation at the Market
Re-selling of any product is not allowed unless approved in advance, in writing, by the Board.
Value-Added Product Vendor: Products may be produced in a certified kitchen or manufactured with a food manufacturer or retail food establishment license OR be produced in a home kitchen in compliance of HB 970, the Texas Cottage Food Law.
Prepared Food Vendor: Food is prepared on site or in a certified kitchen. Any vendor representative touching or preparing food must have a valid State of Texas Food Handlers Permit. Vendor must have a hand washing station and abide by all AFM, City, County, and State Food Safety guidelines.
Non-Vendors may participate in the market if invited by and approved by the Board.
Non-Profit and other community organizations may apply to the Board to participate in the market for educational purposes. No political or campaign activities are allowed. The activity must fit within the framework of AFM purposes and must assist in retaining a high quality farmers market and family friendly atmosphere. Apply online as a community organization to participate in the market. Availability is limited and is at the discretion of the Board and the Market Administrator.
Vendors shall allow market designees to inspect their farm/kitchen/production facility prior to selling and from time to time in the future, as determined by the Market Manager.
Vendors and any other participants of the AFM must hold all required permits or licenses for their business operation and as required by any applicable law, statute or regulation and may be required to provide copies with their vendor application or prior to participating in the AFM.
Vendors and any other participants of the AFM must hold a valid liability insurance policy necessary for their business operation prior to participation in the market. Aggieland Farmers Market must be named as an additional insured on the liability insurance policy. A copy of the policy must be turned in with the vendor application and must be kept current.
Vendors are expected to have all products labeled in accordance with state and federal laws, statutes, or regulations.
Eligible Products (Subject to these Rules and Regulations)
Local agricultural products.
Value-added products, which must be pre-approved in writing by the board.
Prepared foods that are made from at least 80% local agricultural products will be given preference. Other prepared foods may be allowed upon prior written approval by the board.
Artwork that is made from at least 80% local agricultural products. All artwork, unless made completely out of local agricultural products, must be pre-approved in writing by the board.
Other products that may contribute to the mission and success of the market. Other value-added products must first be approved in writing by the board.
Branded merchandise that promotes the AFM or the individual vendors.
The Board reserves the right to deny an item or product at their discretion. New product offerings must be approved in writing by the board.
Market Operations
The market is located at 1500 Earl Rudder Freeway, College Station, Texas. The market location may change or be added to by the Board. The market operates during the dates and times specified on the website.
The Market Manager is responsible for the daily operations of the market and enforcing these rules and regulations.
Vendors may arrive as early as 2 hours – and no later than 30 minutes – prior to market open to begin setup. Vendors are prohibited from driving through the market grounds 15 minutes before the market opens. Violation of these timeframes may result in a fine of up to $50. In addition, all vendors must have their market sites dismantled, packed up, cleaned, and vacated one hour after the market closes. Exceptions will be considered by the Market Manager. Repeated tardiness, absence, early exit, or late exit will result in fines, the loss of assigned location, or removal of the vendor.
Vendors are required to notify the Market Administrator no later than 12 PM (noon) on the day before market of their intended absence at the market. Failure to do so will result in forfeiture of the space for that day.
Cancellation of the market or early closure due to dangerous or severe weather conditions shall be at the sole discretion of the Market Manager.
A standard booth at the market is 10 X 10 feet. Expanded spaces are available with assignments made at the discretion of the Market Administrator.
Vendor booths are assigned by the Market Administrator. While the AFM tries to keep vendors in the same space from week to week, booth location is not guaranteed.
All vendors are required to pay their membership fee prior to participation in the market.
Vendors will determine the pricing of any products sold at their booth.
Free samples may be offered to customers provided this is done in a sanitary manner and MUST BE DONE in accordance with local Department of Health requirements.
All vendors must have tent weights, and keep their booths safe, clean, and in hazard free condition. At the end of the market day, each vendor’s area MUST be cleaned, with trash, compost, and refuse taken home by the vendor or disposed of as directed by the Market Manager. Public trash barrels are for customer use only. Vendors who violate this will be fined, at the discretion of the Market Manager
Vendors are expected to follow the highest business and ethical standards at the market. Each vendor shall remain in their own assigned booth space when selling products. Sales should be conducted in an orderly business manner. No shouting, hawking, or other objectionable means of soliciting will be tolerated. Vendors shall exhibit courtesy and cooperation to customers and other vendors.
Vendors are prohibited from tobacco usage such as cigarettes, pipes, cigars, and electronic cigarettes/personal vaporizers while operating their booths during market hours.
Fraudulent or dishonest practices are prohibited and will be a basis for removal by the Market Manager.
Consumer inquiries regarding origination of product, pesticide and herbicide use, farm practices, and other product information requests must be answered factually without misleading information by the vendor. The Board and Market Administrator reserve the right to limit vendor claims regarding farm practices that cannot be verified.
Disagreements with customers, fellow vendors, and the Market Manager must be handled in a respectful manner, so as not to disrupt the market.
Individuals representing a vendor or selling at a vendor’s booth must be informed of all market rules and regulations. The vendor will be responsible for any actions taken by these individuals at the market. These individuals must demonstrate thorough knowledge of the products they are selling.
In the event that electrical access is required but access is limited, vendors may operate their own generator – but it must be a quiet running generator, or the vendor forfeits their participation at Market.
Pursuant to College Station city ordinance, attached signs must be securely attached to the sales area. Temporary freestanding signs and banners are not permitted.
Non-Compliance and Penalties for Violation of Rules and Regulations
Non-compliance with these rules and regulations, failure to follow the directions of the Market Manager, or any other action that may jeopardize the market, the health of a customer, vendor, or others, will result in disciplinary action at the discretion of the Market Manager and may include exclusion from the market for a period of time, a fine, or termination of the vendor’s participation in future markets.
If a vendor has a complaint in which they feel the Market Manager has not sufficiently addressed, the vendor may appeal, in writing, to the Board. The AFM will notify the vendor in writing of its decision within 60 days.
Minor issues between vendors should be addressed in a respectful manner, so as not to disrupt the market, and should result in an agreeable solution.
Failure to pay a fine or to follow the directions of the Market Manager is a violation of these rules and regulations.
All parties agree that all questions, rights, or controversies arising out of, or relating to, the foregoing rules and regulations shall be settled through binding arbitration in Bryan/College Station, Texas, under the provisions of the Federal Arbitration Act, the provisions of these rules and regulations, and the AFM Arbitration Rules and Guidelines. Any party who, in contravention of the arbitration or jurisdiction provisions of these rules and regulations, brings an action in state or federal court will pay all the other parties costs, fees, attorneys’ fees, and any other expenses related to the defense of such action. Any appropriate arbitrator or judge may award such expenses and fees.
If any dispute should arise under these rules and regulations, between the AFM and a vendor or other participant in an AFM market, such party may, within 180 days after the date on which the dispute arises, make a demand for arbitration by filing a demand in writing with the other party.
Vendor Removal Process
Upon finding substantial evidence* that a vendor has violated Aggieland Farmers Market (AFM) rules and regulations, the vendor will receive a verbal warning coupled with written documentation, and the proper board members notified.
Upon finding substantial evidence* that a vendor has continued to violate a rule, the vendor will receive a written warning, a $50 fine, further documentation, a phone call or personal visit from the board president, and the proper board members will be notified.
Upon finding substantial evidence* that a vendor continues to violate rules and regulations of AFM, the vendor will then be removed from vendor membership. The vendor will be notified by phone and/or e-mail of their removal, and a certified letter will be written and provided by the Board President.
*Substantial evidence shall be determined by the Market Manager.
A vendor may be removed from the market immediately, without due process, for a severe violation of AFM rules and regulations. A severe violation includes, but is not limited to, anything that threatens public safety or is an egregious exhibition of unprofessionalism, as determined by the Board.