Lincoln Co. Idaho Farmer's Market

Lincoln County Farmers’ Market Rules and Regulations

Ratified March 7th, 2024

Mission:

The Lincoln County Farmers’ Market Association seeks to provide local farmers, artisans, and craftsmen with an outlet for the sale of fresh produce, agriculture products, prepared foods, and hand-crafted items, while educating the community about the source of their food and promoting local enterprise. The Lincoln Farmers’ Market Association is organized exclusively for public purposes and is a not-for-profit organization.

Goals and Vision:

The Lincoln County Farmers’ Market will strive to:

• Increase access to fresh, locally produced, nourished and safe foods for all people. Encourage, support and promote the entrepreneurial efforts of local, independent, and small-scale farmers, local growers, and local artisans, seeking to sell their products directly to consumers.
• Create an opportunity for people to meet, eat, and share stories, recipes, and knowledge in a place dedicated to the cultivation of local products and talents.

Participation:

Participation is open to growers, harvesters, bakers, makers of prepared food, and artisans (hereafter, the vendors) within the Magic Valley. The market strives to be a producers-only market. Vendors must participate in production of the product they sell. Resale vendors are not permitted.

Location and Time:

Location: Lincoln County Courthouse Lawn
Selling Season: May-October
Day(s) of the week: Friday
Hours of operations: 4-8 p.m.
Set up time for vendors: 3 p.m.
Tear down starts at 8 p.m.

Management:

The Market Manager shall enforce all the rules and regulations of the market and work with the vendors to assist in their success. The Market Manager or her/his representative will be present at the market during all operations, and is the sole authority on all matters regarding the execution of the market. If questions or problems arise on market day, they will be resolved by the market manager. Market Manager duties include, but are not limited to:

1. Overseeing the set-up and breakdown of the market
2. Assuring all vendors are in compliance with market regulations and safe food regulations.
3. Addressing any disputes or complaints.
4. The Market Manager shall be aware of all health and sanitation rules and regulations affecting open-air farmers markets.
5. Collecting and recording sales fees from all vendors.
6. Social-Media and physical promotion of the market.
7. Supervision of educational and entertainment activities.
8. Solicitation of new vendors, performers, & artists.

Vendor Eligibility:

The Lincoln County Farmers’ Market strives to be a 50% or more producer/agricultural market.

A Producer is defined as a person who grows, raises, or makes the product and may also include the producer’s immediate family, partners, employees or local cooperatives.

The Lincoln County Farmers’ Market gives priority to 100% grower/producer goods over craft and artisanal items. Resale of purchased items is not permitted, except under special
circumstances approved by the Board of Directors.

Vendors must be located within Lincoln County, or have a reasonably demonstrated business
interest in the county. Vendors that are located outside of the county will be permitted to sell at
the market at the discretion of the Board and the Market Manager.

Vendor Information: Applications, Fees, Space assignment, Sales Times and additional Information:

Vendors will be asked to annually submit a market application to the Market Manager.
Applications may be modified and updated throughout the season.

Guest Vendors must get permission to participate by the Manager and/or by the Board the day of their participation and submit the Market application before setting up their booth.

Included within the permanent or guest vendor admittance is a “Hold Harmless” agreement that the vendor must sign. This agreement means the vendor will hold Lincoln County Farmers’ Market and its representatives harmless concerning product liability or other factors that relate specifically to the vendor’s business practice.

Permanent Vendors must commit to the entire market season and participate on a regular basis (a minimum of 75% percent of market days). Produce availability may limit market beginning and ending days. Part-time vendors will strive to attend 50% or more of markets. All other vendors will be considered guest vendors.

Guest Vendors will participate based on the discretion of the Market Manager.

Vendors will be charged fees to cover the operating costs and related expenses to assure the viability and quality of the market. The Market Association will collect 6% of all vendor sales, after taxes.

The Market Manager or representative will make vendor space assignments in a fair and equitable manner based on the needs of the market, seniority, previous attendance, sales volume, and terms of commitment.

A Vendor Space is defined as a designated area to not exceed 15 feet wide by 15 feet deep.

Pickups and trailers with product in them for inventory can be used with Board approval.

Vendors are required to stay until 8pm unless they are completely sold out of product or have or have made arrangements with the market manager.

Vendors are required to stop selling at 8pm. They must leave their spaces clean and remove all displays and trucks by 8:30pm.

Displays:

Tables, Tents, Canopies, Pop-ups, umbrellas, signs and display items must be in good condition and used at vendors’ own risk.

At no time shall the safety and convenience of customers or vendors be compromised by any vendor’s display.

Posting of current licenses, certifications and inspections are highly recommended. At a minimum, vendors should have copies available at their sites.

Guidelines for Market Products:

Product Labeling and Pricing
All home-prepared consumable products must meet Idaho Department of Agriculture, Idaho health and welfare public safety, and Consumer Services (IDACS) rules and regulations.

Vendors set their own prices and are responsible for accurately representing their products. All Scales or weighing devices must have a current and valid certification sticker signed by the ID Department of weights and Measures.

Vegetables, Fruits, Nuts, and Herbs
Produce must be fresh, of the best quality, and locally grown. Over ripe vegetables and fruits must be labeled and marked as suitable for sauce or preserves. Nothing must be cut without a permit and education for the public health department.

Baked Goods, Processed Fruits and vegetable-jams, preserves, fruit syrups and purees,
dehydrated foods and seasonings, and frozen Dairy and Fruit Products
Products should highlight local produce, seasonal ingredients and be freshly prepared by the vendor.

Products for Consumption at the market/Product Samples

Beverages and other products for consumption at the market- including items for samples- must comply with the IDACS and/or health department regulations.

Honey

Honey and bee pollen must be from a local beekeeper’s hive but may be processed and bottled off farm. Resale from a local beekeeper that does not attend the market will be permissible with board approval.

Meat

All meat products must be 100 percent from animals raised from weaning by the farmer or partner. Animals may be butchered or processed off farm. Meat must be certified and/or inspected under the regulations according to the department of Agriculture.

Milk/Dairy and Cheese

Milk must be from the dairy owner’s herd or creamery. Cheese and other dairy products must be made by the vendor. Vendors must be licensed and inspected according to the department of Agriculture.

Eggs

Eggs must be from the farmers/farmers representative own fowl. Labels that include the name of the farm, contact information, stating that the eggs are ungraded and the amount are required.

Resale from a local chicken producer that does not attend the market will be permissible with
Board approval.

Plants, Fresh-Cut Flowers, and Greens
The grower must grow potted plants and cut material. Potted plants and cut plant material must not be on the state or federal list of invasive, rare, and/or endangered plants published by the Division of Natural Heritage.

Value-added Products

Candles, soaps, creams, lotions, massage oils, insect repellents, and scrubs must be made by the vendor with locally grown and produced ingredients.

Seasonal and Holiday Products

Dried flower and herb bouquets, decorative berries, fruit, pods, cones, pumpkins and wreaths should be produced from material grown or gathered on the vendor’s property, or acquired from a local source.

Liability Insurance

Vendors are strongly encouraged to ensure that their insurance will cover off-site sales and liability of their products. Any insurance that the market holds will only cover the market itself.

Certificates

When applicable, attach the appropriate state/USDA inspection certificates.

1. Organic growers must present a certificate of Organic Production from the USDA National Organic Program.
2. For cheese and other dairy products, meats and baked goods, the producer must supply documentation of compliance with the local IDACS ordinances and inspections.

Taxes, Licenses, and Permits

Vendors must have in their possession any licenses, certifications, and permits required by law for all products. The collection and filing of all related taxes are the responsibility of the individual vendor. The Market Manager will not provide temporary sales tax permits.

Health, Sanitation, and Safety

Each vendor must abide by all state and federal regulations that govern the production, harvest, preparation, labeling, or safety of products offered for sale at the market. Vendors are liable for their own products.

Miscellaneous

Vendors will be responsible for the collection and removal of all refuse generated from sales at their space.

The use of tobacco products, alcohol or illegal substances are not permitted at the market.

Behavior by the vendors or customers judged to be disruptive or detrimental to the peaceful operations of the market will not be allowed and the Market Manager or representative can ask the offender to leave. If an offender refuses to leave, police will be involved.

Small children brought to the market by vendors must be kept under the supervision of a designated adult.

Any unsafe or unsanitary conditions should be brought to the immediate attention of the market manager.

No live animals, fowl, or fish may be sold at the market.

Leashed dogs are welcome at the market. Any disruptive behavior from a pet may be asked to leave by the manager or representative.

Any accident or injury must be immediately reported to the market manager and to 911 if necessary.

Neither Lincoln County Farmers’ Market nor its representatives are responsible for damage or loss of any personal belongings.

Anyone who participates in the market, whether vendor, customer, or otherwise-attends at his/her own risk. Vendors will operate at their own risk and assume liability from the customers.

Constitution and Bylaws

Lincoln County Farmers’ Market Association Governing Documents Ratified March 7th, 2024.

Updated 05/22/2024

CONSTITUTION

ARTICLE I – NAME

The name of this organization shall be Lincoln County Farmers’ Market Association.

MISSION:

The Lincoln County Farmers’ Market Association seeks to provide local farmers, artisans, and craftsmen with an outlet for the sale of fresh produce, agriculture products, prepared foods, and hand-crafted items, while educating the community about the source of their food and promoting local enterprise. The Lincoln Farmers’ Market Association is organized exclusively for public purposes and is a not-for-profit organization.

ARTICLE II – PURPOSE

The purpose of the Lincoln Farmers’ Market Association is to provide a service to the Community (Richfield, Dietrich, and Shoshone) in three ways:

1. Provide an economic market place for area farmers to sell their agricultural farm products. The primary aim of the market is to promote small family farms.
2. Offer the local consumer a source of quality, locally grown produce, scratch-made baked goods and foods, and unique hand-crafted items made by area artisans, at an accessible price.
   The Association will work with governing agencies to accept SNAP benefits for all fresh produce, ensuring that the most disadvantaged in the community can still access nutritious and fresh produce.
3. Provide a center of activity & commerce in the community. Classes, distribution of literature, games, and other activities are planned to give families multiple reasons to walk through the Market and the surrounding community. This in turn stimulates other activities for the merchants in the area and benefits the community as a whole.

ARTICLE III – MEMBERSHIP

Lincoln County Farmers’ Market Association is committed to supporting local farmers and artisans, and to supporting the resilience of our local food system. Vendor distribution shall be based on the following:

The market strives to have a minimum of 50% agricultural based vendors.
Examples of this include, but are not limited to, meat, dairy, plant vendors, or produce growers.

The remaining vendors may sell value-added items. Examples of this include, but are not limited to, artisans and crafters, and sellers of items that are made from local produce.

Resale of purchased items is prohibited, except in cases approved by the Board of Directors.

The Board of Directors is the sole authority in determining membership eligibility and accepting new vendors.

ARTICLE IV–OFFICERS AND BOARD OF DIRECTORS

General Powers: The business and affairs of the market shall be managed solely by its Board of Directors, so long as the same are not inconsistent with the provisions of the articles of Incorporation or the policy guidelines established by the applicable federal and state agencies.

The Board of Directors shall be responsible for approving and rejecting all general membership applications based on membership requirements.

Numbers and Positions: The number of voting directors shall be five (5) and up to seven (7), and no less than three (3). The Board of Directors positions shall include a President, Vice President, Treasure/Secretary and up to four (4) “at large” positions.

The Board of Directors shall not be paid a salary, and are considered to be volunteers for the Association.

Qualifications: The directors must be elected from the general membership of the market
association.

Elections and Terms of Office: The members of the Board of Directors shall be elected by the general membership of the Market Association at its annual meeting, and shall take office immediately upon their election. Director shall serve a minimum of one (1) years. A vacancy occurring during a term may be filled through election by the general membership.

Market Manager: The Market Manager is an employee of the Association and shall be hired from the general public through an interview with the Board, following all standard & applicable employment laws. The Market Manager is not part of the Board, but is an employee & agent of the Association. The Manager will coordinate, plan, and execute the market, according to Market Bylaws & Rules. The Market Manager shall be paid a salary that equals the weekly Association proceeds from all stall sales (5% of total vendor sales). The Market Manager shall be hired from the general public through an interview with the Board.

Removal: Any director or market manager may be removed with or without cause by a majority vote of the directors. If any director is absent from the consecutive regular meetings of the Board, he or she will be deemed to have resigned from the board unless, by majority vote, the remaining directors reinstate him or her.

ARTICLE V–MEETINGS

Regular Meetings: Regular meetings of the Board of Directors, in addition to the annual meeting, may be called by the President or by the majority of the Board. All the meetings of the Board are open to current members except for discussions of personnel or disciplinary matters.
Notification of regular Board meetings on the Lincoln County Farmers’ Market Association website will occur at least one week prior to each scheduled meeting.

Place of Meetings: The Board of Directors may designate any place as the place of meeting for any annual, regular, or special meetings of the Association, given that notice has been provided.

ARTICLE VII–RECORDS

Every member shall have the right to examine, for any reasonable purpose, the books, records, roster of membership and other appropriate records of the Association. They may be examined by appointment only with the appropriate officer.

ARTICLE VIII–FISCAL YEAR

The fiscal year shall be January 1 through December 31st.

ARTICLE IX–SPENDING OF MONIES

Proceeds derived from annual membership fees and stall rental fees shall solely be used to pay expenses of the Association and the salary of the Market Manager. Should the Association dissolve or become inoperative, any remaining money shall be disposed of according to the recommendation of the Board of Directors with the approval of the membership and consistent with applicable laws.

ARTICLE X- RULES AND REGULATIONS

The Rules and Regulations, formulated by the Board of Directors and approved by a majority of the members present at a membership meeting, shall be in effect until changed or amended. They may be amended by the Board of Directors with subsequent approval of the membership by a majority vote of the members present at a regular Association meeting. The membership shall be notified that the changes will be discussed and acted upon at said meeting.

ARTICLE Xl–AMENDMENTS

The Constitution and By-Laws may be amended at any membership meeting of the Association by a two-thirds vote of the members present, provided due notice of such proposed amendments be mailed, emailed or published in the newsletter by the Secretary to the entire membership not less than two weeks prior to the said meeting.

BY-LAWS

I. THE BOARD OF DIRECTORS

1. The duties of the Board of Directors shall be to transact all business of the Association, subject to membership approval where required.

2. The PRESIDENT shall call and preside over meetings, appoint and oversee committees, set agendas, be the official representative of the Association, and perform duties in the interest of the Association.

3. The VICE-PRESIDENT shall revise, maintain and enforce the Work-share guidelines, and perform duties of the President in his/her absence.

4. The SECRETARY shall keep a record of the proceedings of all meetings, a record of attendance at all meetings, send a written notice to all the members at least two weeks prior to each membership meeting unless published in the Newsletter, attend to all correspondence of the Association, and perform any duties for the Association assigned by the Board of Directors. All ratified amendments to Association governing documents must be recorded by the secretary and incorporated into both the minutes and the governing documents. The date of the revision should be stated in both documents. The President/Manager/secretary shall be an insurance liaison with our insurance company.

5a. The TREASURER shall collect and hold all association money in bank accounts and pay all bills consistent with By-Law Section I #7.

5b. The Treasurer shall keep complete financial records and present a report to the President as requested, and to the members at each regular membership meeting of the Association. The Treasurer shall present a detailed year-end report to the Board of Directors and is responsible for preparing a preliminary budget for the upcoming year.

5c. The Treasurer shall also notify each member in writing of total stall fees, which shall be due in full by January 31st of the following year after the season.

5d. The Treasurer shall present all financial records annually to a financial review committee consisting of a minimum of two members appointed by the President. The review of finances should be completed with findings presented to the board by the March membership meeting.

6a. The MARKET MANAGER has complete authority to direct vendors, and interpret and implement policy at the market site. No other officer is to direct members while at the market, nor is any other member to attempt to direct another vendor. The Market Manager shall designate another member to act on their behalf when they are unable to attend a market. The Market Manager shall fill out incident reports as necessary.

6b. The Market Manager shall keep records of all markets, have possession of market attendance books when markets are ended, create new listings for the following year, have an up-to-date file of all members and the attendance at designated markets, and file the Idaho tax reports as required by law. The Market Manager shall send a copy of the constitution and bylaws to nonmembers seeking a membership application.

6c. The Market Manager shall coordinate advertising and publicity and shall be responsible for all special events, exhibits, games, entertainment, and demonstrations at the markets. The Market Manager may solicit volunteers to assist with special events, advertising, displays, exhibitions and demonstrations. The Market Manager shall also be responsible for directing individuals conducting or participating in special events.

7. Any member who has been assigned a budget is responsible for that budget, collecting the bills, approving them and presenting them to the Treasurer for payment. However, proposed projects must receive approval from the Board prior to implementation.

8. In the event of any vacancy on the Board of Directors, the President shall appoint any member of the Association in good standing to fill the vacancy until the term expires.

9. Robert’s Rules of Order shall be followed at all meetings.

10. A committee shall be convened every three years to review and, if necessary, suggest amendments to the association’s governing documents.

II SELLING AT THE MARKET

1. All vendors selling at the market must be willing to agree to Market rules and regulations.
Each vendor must fill out an application and agree to membership fees before setting up the first time at the market. Vendors may share a space provided that each pays a separate market fee, subject to the approval of the Board of Directors. It is the vendor’s responsibility to contact the Market Manager by the Monday before the market if they are not able to attend that market.

2. The season duration, days, times and locations for the markets will be established annually by the Board of Directors, subject to the approval of the membership.

3. Stall assignment criteria:

General:
· Length of time as a member.
· Spaces available at market.
· Type of product. Use of trailers/vehicles/generators.
· Full season vs. partial season market participant.

Negative:
· Inconsistent attendance at market.
· Consistent failure to notify market manager of impending absence.
· Consistent late arrival at market.
· Repeated failure to notify market manager of impending late arrival.
· Consistent early departure from market, with or without notifying manager.
· Repeated uncooperative behavior toward other vendors.

4. Non-Member temporary vendors: Educational, nonprofit, community service, or other individuals, organizations, or groups can come to the market at the invitation of the Market Manager or President, pending space availability. Invited guests can display approved relevant items for sale during their performance/event. The purpose of invited guests at the Market is to enhance the Market and/or provide educational community service.

501(c)(3) requirements

1. Upon the dissolution of this organization, assets shall be distributed for one or more exempt purposes within the meaning of IRC Section 501(c)(3), or corresponding section of any future federal tax code, or shall be disturbed to the federal government, or to a state or local government, for public purposes.

2. Lincoln Farmers’ Market Association relies on the operation of Idaho state law to meet the requirements of 508(e).