Burlington Mall Farmers’ Market Association
RULES REGULATIONS and CONTRACT
Reviewed and updated May 18, 2011.
The Market shall be known as the Burlington Mall Farmers' Market (BMFM) and will be owned and operated by the Burlington Lions Club.
The purpose of this document is to describe the organization and administration of the Burlington Mall Farmers’ Market Association (BMFMA) and to detail the rules and regulations to be followed by the Lions Club Board of Directors, Association Vendors and management of the Market. The Market Manager or Board of Directors shall deal with any issue not covered in this Handbook.
To establish and maintain a Farmers' Market to provide producers with a profitable, safe and well organized retail marketplace; to stimulate public interest in and increase consumption of local products; to strengthen the ties between our rural and urban communities and to foster partnerships with the City of Burlington and other community groups.
3. Market Management
The market is managed by the Burlington Lions Club together with the Burlington Mall management (hereafter referred to as 'management'). The market supervisor supervises the daily operation of the market and reports to the market manager. The market manager is the chair of the market committee which reports to the Burlington Lions Board of Directors and the management of the Burlington Mall.
Any issues should first be raised with the market supervisor who is in daily attendance at the market. Vendors and customers who wish to do so, may escalate issues to the market manager.
4. Market Location and Season
The Burlington Mall Farmers' Market location will be in the parking lot of the Burlington Mall. The location is currently in the south parking lot adjacent to Prospect Street and the Regency Ct. street entrance. The management of the Burlington Mall reserves the right to relocate the market. If the Burlington Mall decides such changes are required, no refund or compensation can be paid as these matters are outside of the Burlington Lions Club’s control.
b) Season Dates and Hours
The Burlington Mall Farmers' Market will operate seasonally from the first Wednesday in May to the last Saturday in October. Market hours are 8:00 A.M. To 2:00 P.M. on Wednesdays / Saturdays and 8:00 A.M to 4:00 P.M. on Fridays.
a) Association Fees
Fees are per season. There are no standard daily / weekly / monthly rates except as may be arranged by the management for exceptional situations. Fees are dependent on the number of days per week in attendance, the number of stalls and the usage of hydro.
Fees may be refundable for valid reasons on approval of the management. Refunds will be pro-rated according to market days remaining. Deposits are not refundable after March 1.
Vendors will be required to pay a minimum deposit of 10% of the season's fees by the end of October to reserve a spot on the next season's market. Fees must be paid in full by the end of July. A $25.00 fee will be charged for NSF cheques.
6. Product Categories
All vendors must abide by Halton Region Health and Food Safety bylaws. Products offered for sale must be identified on the vendor application form. The vendor application form will be signed by the vendor each season before they can sell on the market.
Products include, but are not limited to: fruits and vegetables, plants, flowers, honey, maple syrup, preserves, meat, fish, poultry, eggs, grains, cheese, spices etc.
Products include, but are not limited to: breads, rolls, buns, muffins, cookies, fruit pies, cakes, pastries, meat pies etc.
c) New Products
If, after approval of original product lists, vendors wish to sell items which fall into a different category or which represents a major departure from the product(s) originally listed for sale, they must have these items approved by management before they can be offered for sale. The original application form will be amended, if required.
The selling of crafts and non-edible products (hats, t-shirts, motor oil etc.) will not be permitted on the market with the exception of Miller Perennials and Crafts. Exceptions will be at the discretion of the management.
7. Selection Process
a) Vendor Selection
Vendors to be considered will be a grower, producer or reseller who is deemed to enhance the mix of vendors on the market. Resellers will be limited in number and will be encouraged by the management to purchase products for resale which have been grown or produced by a relative, a neighbour farmer, and/or a member of an approved association. Vendors who resell products, will not be permitted to import and sell items from outside Ontario which are in abundant supply and grown locally by producers on the market.
All products to be offered for sale must be approved by the Market Manager to ensure they are indeed “as advertised” and are of high quality and compatible with the other products sold at the market. The management reserves the right to refuse acceptance of any applicant or product that is not in keeping with the rules, regulations or standards of the Burlington Mall Farmers’ Market. The management of the Burlington Mall has the right to deny any applicant or product.
b) Vendor Application
All vendors must complete a vendor "Application/Agreement" form each season. The purpose of the application procedure is to maintain high quality, vendor integrity, a variety and balance of products, to ensure fairness to all vendors and to ensure the vendors abide by the rules of the Market.
c) Farm Verification
If the BMFMA and/or market manager deem it necessary and with permission of the farmer they may visit the farm to verify their claims of locally and/or naturally grown. Denial of a farm verification visit may result in termination of the Vendor Agreement. Claims of organic must be backed by documentation from an accredited organic certifier.
8. Booth/Stall Allocation
The maximum stall allocation will be 4 stalls.
1/ Existing vendors who are producers.
2/ Existing resellers.
3/ New vendors who are producers.
4/ New vendors who are resellers.
Vendors may not sell, sublet or rent stall space to other vendors. Any vendor engaging in such activity will risk the loss of their stall without refund.
9. Vendor Responsibilities
Vendors must fully comply with the following. Failure to do so may be grounds for termination of the Vendor Agreement :
ñ The Burlington Mall Farmers' Market Association Rules and Regulations (this document).
ñ Municipal, Provincial, and Federal Regulations regarding labelling, measures, health and safety, etc for all products offered for sale at the Market. Compliance is the responsibility of the individual vendor.
ñ Vendors will not be allowed on the market without approval from the Halton Region Health Dept.
ñ A vendor shall make every effort to notify the Market Manager as soon as possible if they are not going to be in attendance that week. Vendors who are absent without notice for 3 market days in a row, their area will become available to another vendor.
ñ Vendors must be on the market and in their assigned stalls by 8:00 A.M.
ñ Vendors shall not enter or leave during market hours without the permission and attendance of the market supervisor. The market supervisor will determine if leaving poses a safety hazard to the customers.
ñ Vendors will vacate the market area by 4:30 on Wednesdays.
ñ Vendors shall not leave stalls under the supervision of persons under 16 years of age.
Vendors must bring enough product to last for the entire day. Exceptions may be made for reasons of product supply beyond control of the vendor, e.g. produce in season. Vendors are allowed to cook or reheat samples to give to the customers. Vendors must meet all Municipal, Regional, Provincial and Federal laws regarding food handling and preparation. Vendors are not allowed to cook and sell food on the Market without the prior written approval of the Market Manager. Vendors who have cooking and/or reheating capabilities on their stall must have at least a five (5) pound fire extinguisher. Fuel storage must be well away from their sales area and the fuel must be stored in a Government approved container.
Vendors are responsible for providing all display materials (displays, chairs etc) and setting up and tearing down any displays. Vendors must keep within appointed stall guidelines, not interfering with walkways or driveways etc. Shelters, umbrellas etc. must be properly fastened together and anchored immediately. Any ropes, poles etc. used in the shelter construction must not interfere with customer traffic. Vendors will be asked to immediately remedy or remove any shade devices that are not deemed to be secure. Every vendor must have their name/business name prominently displayed. All vendors must remove their tables and products after every Market day unless prior approval is obtained from the market management and the Burlington Mall management.
Vendors must park their vehicles within their allotted stall space. All other vehicles are to be parked in adjacent parking lots to the east and to the west in order to allow customers to park in the main market parking area.
Vendors must remain in their own booth/stalls when selling. Sales must be conducted in an orderly and business-like way. No shouting or other objectionable means of soliciting trade are permitted. Violence will not be tolerated.
g) Product Pricing
All items offered for sale must have prices prominently and clearly displayed. Shoppers prefer and expect this. Vendors must not practice distress pricing by dumping products at bargain or sale prices. Each vendor will be responsible for his or her own sales tax collection, where applicable.
Vendors are responsible to obtain all necessary licenses, permits, inspections and certificates for the sale of their products.
i) Farm Products Grades and Sales Act
Produce should be sold by units or containers. If your product is sold by weight, the scale must be government inspected, with a valid sticker displayed. All produce should be correctly labelled and priced.
Booth/stalls/tables must be kept free from refuse during the Market days and vendors are responsible for ensuring their stalls are left clean at the end of the day.
No alcoholic beverages are permitted on the Market site.
Smoking is only allowed at the rear of your stand, away from products and customers.
Insurance is the responsibility of the individual vendor. Proof of Liability insurance of not less than five (5) million dollars per incident will be required before a vendor may sell on the market. Two (2) Insurance certificates are required that show Additional Insured as:
Burlington Lions Club o/o Burlington Mall Farmers' Market
2) Primaris Management Inc., Burlington Mall Holdings Inc., Burlington Mall
The certificates shall include the obligation on the part of the issuer of the certificates to endeavour to provide thirty (30) days written notice of cancellation to the certificate holders. Upon expiry, documents of renewed coverage are again to be provided to the stated certificate holders.
BMFMA bears no responsibility for any vendor's person, property or financial loss.
n) Sales Reporting
As required by the management of the Burlington Mall, vendors agree to report their monthly gross sales to the market manager by the end of the 1st week of the following month.
10. Market Manager Responsibilities
The Market Supervisor supervises the day-to-day operation of the market. The Market Manager oversees public relations, advertising, promotions, special event co-ordination, liaisons with the market, recruitment of new vendors, and strategic planning. He/she will apply the rules and regulations of the Market as detailed in this document and report violations to the market committee and Board of Directors, as necessary.
a) Space Allocation
The Market Manager/Supervisor shall assign all booth/stall/table space, taking into consideration:
ñ Priorities established under Article 8 above.
ñ Stall availability
ñ Product category and its compatibility with products of nearby vendors.
The Market Manager may move a vendor for reasons of safety, health, product compatibility or other valid reason.
b) Removal of Persons
The Market Supervisor has the authority to request any vendor or other person to leave the market area and if necessary, call the police for assistance.
c) Problem Resolution
Vendors are encouraged to approach the Market Supervisor or the Market Manager if they encounter a problem. Any discussion of problems of the Market in front of customers is strongly discouraged and should be avoided at all times.
Buskers, musicians, entertainers etc. present at the Market must have prior approval of the Market Manager and/or Board of Directors.
All market vendors must report any incidents or accidents at the market to the Market Supervisor on the day the incident occurred. Burlington Mall Security is to be notified about any accident or mishap so they can document the incident.
a) Community Stall
Space permitting, a community stall will be made available to charity and non-profit organizations at no cost for fund-raising, promotional and educational purposes by applying to the Market Manager at least one week in advance. The group’s philosophy must be consistent with the BMFM Association. Any products to be offered for sale must be approved by the Market Manager and must not be in competition with the Market vendors. All BMFM Association rules and regulations will apply. The person applying will be held responsible for ensuring that the stall is staffed, and left in the same condition as received. The Market does not provide tables, chairs, or any display materials.
This document may be amended at any time at the discretion of the Board of Directors and will be reviewed annually.
Agreement of Compliance
I ______________________________________, have read and am fully aware of the Burlington Lions Farmers' Market Association rules and regulations.
I hereby Agree to comply fully with these rules and regulations and all other Federal, Provincial, Regional and local regulations that apply. I will forfeit my right to sell at the Burlington Lions Farmers' Market if I am found to be in non-compliance.