Policies and Rules

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Only California farmers and food producers, as listed in detail below, may sell at any of our Certified Farmers’ Markets. ​The principal vendor may send family members, partners or employees to the Market in their place, provided they are listed on the Application as being authorized to do so. The vendor is responsible for informing their on-site representatives of all Market rules and policies. ​All on-site representatives will be asked to sign an agreement that states that they understand and agree to comply with Market rules and policies. ​ The Market Manager(s) reserves the right to prohibit the sale of any product and/or deny anyone the privilege of selling at any of the listed Farmers Market at any time. 

Farm Fresh Products: These include fresh fruits and vegetables, berries, herbs, nuts, dairy products, honey, eggs, poultry, meats, fish and shellfish, mushrooms, fresh flowers, plants and nursery stock. All fresh farm products must be grown or produced in California. Each vendor is required to list ALL ​crops and products that their farm/business produces on their application. ​Vendors may only sell the items that are listed on their applications.​ The vendor must be the actual owner or operator of the farming operation and may not be operating it under a franchise or similar agreement. The vendor must propagate all plants and flowers from seed, cuttings, bulbs or plant division. ANY PRODUCER WHO SELLS PRODUCE THAT IS NOT HIS OR HER OWN PRODUCTION, WHILE CLAIMING THAT IT IS, WILL BE EXPELLED FROM THE MARKET. 

Value Added Farm Foods: These include jams, preserves, jellies, cheese, syrups, cider, salsas, smoked meats or fish, sausage, dried fruit, flours and salad dressings. Vendors must have personally cooked, canned, preserved, baked or otherwise treated the product they sell OR oversee the production of their product in a permitted, commercial facility or Cottage Law(as allowed by the OC Health Department). Exceptions, if any, will be judged on a case-by-case basis. All processed foods must have the required permits and licenses and be covered by liability insurance. 

Fish Vendors: As with farmers, fish vendors must own and operate their own fishing vessel and sell only what they have fished. No brokering/wholesale from a second party. Fish vendors may be asked to provide Landing or “Fish Tickets” and documentation of cold storage and processing.

Processed Foods: These include juices, preserved foods, jams, baked goods, pasta, salad  dressings, granola, and related take home foods, not prepared at the Market. The vendor must be the actual owner or operator of the business and may not be operating it under a franchise or similar agreement. Vendors may only sell the items that are listed on their applications. If a vendor wants to add an item to their list mid-season, they must first get the approval of the Market Manager. All packaged foods must meet California labeling requirements. Labels on processed foods must meet state requirements and include:

1) the  name of the product

2) company name

3) address

4) net weight on bottom one-third of  label

5) ingredients listed in decreasing order of predominance.

Prepared Foods: These include all freshly made foods available for sale and immediate consumption on-site. The vendor must be the actual owner and operator of the business and may not be operating it under a franchise or similar agreement. ​Vendors may only sell the items that are listed on their applications.​ If a vendor wants to add an item to their list mid-season, they must first get the approval of the Market Manager.  The food vendor must have a fire extinguisher in their stall at all times.  Prepared food vendors may request to sell commercially prepared beverages. Each request must be approved by the Market Manager, and is at Manager’s sole discretion. The Market Manager may grant such approval in its sole and exclusive discretion.    

We grant vendor participation based on the unique demands of our customer base, with the goal of providing a well-balanced mix of high-quality products. Vendor participation is determined by the market manager, whose job is to operate a successful market that offers local farmers a viable place to sell their products. Decisions about who will sell at each market, as well as all stall sizes and stall locations within each market, are based on multiple criteria including:    

● Previous participation in the Market 

● Available space in the Market 

● Product type, quality and customer demand to ensure a viable and balanced marketplace.  

● Commitment to local sourcing  

● Vendor performance – including level of product quality, good display and signage,  compliance with market rules and manager direction (punctuality, adequate notice of  cancellation, clean-up, etc.), sales history, and payment history (fees paid on time,  with sufficient funds).  

● Commitment to our markets and consistent attendance.   

Prioritizing Start-Ups: We strive to include a healthy mix of experienced vendors while also providing opportunities for new vendors. Processed and prepared food vendors whose businesses have grown to include multiple sales outlets and bricks & mortar operations are given lower priority than start-up businesses.  Priority for space in the markets is given to farm fresh products and value added items. Consistent attendance is essential to the success of your business and the market. Vendors who fail to keep their commitments to their participation dates jeopardize the success of the markets as a whole as well as their individual businesses. 

a. Application Fee.​ The yearly Application Fee of $20 is paid with submission of the Application and is NON-REFUNDABLE. This fee is required once and will apply to multiple markets if attending or applying. 

b. Daily Stall Fees.​ Each vendor will pay the following daily stall fees at the end of each market day:     

Daily Stall Fee: 

Certified Farmers- $23 OR ​8% of gross sales, whichever is higher.

Pre-Packaged Food Vendors:  $25 OR 10% of gross sales, whichever is higher . 

Food Trucks/Food Booths: $35.00 or 12% of gross sales, whichever is higher.

Crafters: $27.00 or 10% of gross sales, whichever is higher.

Payments will be made in cash, rounded to the nearest dollar, and included with the daily LOAD SHEET. We do NOT accept coins. At this time we cannot accept any electric forms of payment.  Gross sales are calculated as the vendor’s gross revenue. ​This includes pre-orders, phone orders, invoiced orders and or pick up orders. Vendors ARE required to produce load sheets at the end of the Market day.

Reporting Sales and Audits: VENDORS ARE EXPECTED TO ACCURATELY REPORT TO THE MARKET ALL GROSS SALE TOTALS (Currency, Coin, WIC and Senior Vouchers, EBT, Credit and Debit, Phone, Email and Web Sales) ON THE VENDOR ACCOUNTING SHEET AT THE END OF EACH MARKET DAY. All individual reported sales are kept confidential. The market may use aggregated totals for annual reports. The Market reserves the right to audit Vendors throughout any given Market day. Any Vendor not found to have accurately reported its gross sales shall be subject to penalties, to be determined in the Market Manager’s sole but reasonable discretion, which may include fines and/or cancellation of Vendor’s participation in the Market.  The Market staff will collect payment within 30 minutes of the end of each market.  Failure to comply with fee payment on Market day will result in a $15 fine in addition to the regular daily stall fees. Vendors will not be allowed to set up until any past obligations have been brought current. Stall fees are non-refundable. 

While we understand things happen and some are out of your control, maintaining stability within the vendor pool is our number one priority. Therefore, when you need to skip, or miss a market, you are still responsible for the fee structure and will pay the basic fee. These fees can be added on to the Load Sheet the following week. Failure to advise the Market Manager of a missed event (No Show) will result in a 1 time penalty of $50.00. Any additional missed dates without notice will result in termination from all markets.  

All vendors shall provide with their application current copies of all applicable permits and licenses that are required in connection with the sale of their products. ​Copies of these should also be carried with you or your staff to each market where you sell. Meat and poultry vendors must provide names of processing facilities used and may be asked to provide documentation of transactions for processing service.  Please check with each City to see if a special business license is required. Please note that only vendors accepted to the markets are required to send in copies of permits. All vendors on the wait list do not need permits until space is offered. 

Liability Insurance: 

In addition to vendors’ General Liability insurance policy, proof of Product Liability Insurance is required from all vendors who wish to sell consumable products.  Vendors’ insurance policies should have a $1 million minimum coverage. Such policy shall name McGlynn Events, Inc and Mary Ann Senske and all staff, as a certificate holder (additional insured). Vendor will provide the Market with policy numbers and copies, which will be kept on file.  

Representatives from the Health Department conduct periodic health code inspections at all farmers markets in Orange County, CA. On all other market days, market staff is required by contract to check for compliance on behalf of the Health Department.  Temporary Food Establishment Permits (TFF) are required  from the Health Department each calendar year, they include those selling fresh or frozen  meat, poultry, seafood, eggs and/or dairy products, potentially hazardous processed  and/or prepared foods, and anyone wishing to sample non-exempt processed or  value-added products. Vendors must provide a copy of their Permit (TFF) and always have a copy on site.  Sampling: Orange County Health Department guidelines must be followed at vendor  booths for food demonstration and sampling. All vendors must have either a permit to sample or must apply for one. Vendors MUST consult with the Health Department regarding these regulations (including sneeze guards, hand washing stations, etc.). Sampling, if permitted by the market manager, must take place within the boundaries of the vendor’s assigned stall space.

All rules described are subject to fines and consequences, unless otherwise noted:  

1. A first violation will result in a written warning.  

2. A second violation will result in a written warning and a $50 fine.  

3. A third violation may result in the suspension or termination of the vendor's permit to sell, the suspension or expulsion of the responsible individual (owner or staff), and/or further fines.  

Vendors who sell out early should post a sign to that effect.   

Vendors shall not leave their vehicles and goods unattended.  

Vendors must stay until closing.  

Vendors will be loaded up, sales reported and fees paid, and shall leave the site no later than 1 hour after the Market is closed. 

Any exceptions must be cleared with a market staff.  

Punctuality: All vendors with assigned booth spaces must arrive and be set up 30 minutes before each market starts.  

Subsequent violations can incur a $25 fine. Repeated violations may result in termination of vendor’s permit to sell at any of our markets.  

THE MARKET DOES NOT PROVIDE TABLES, AWNINGS, TENTS, TENT WEIGHTS OR UMBRELLAS FOR VENDORS. 

All food must be kept at least 18” above the ground. 

Canopies or other booth covers are required to have weights on each corner sufficient to keep the covering in place during windy conditions. ​Canopy weights (with a minimum of 25 lbs per leg) must be in place from set-up through take-down. Vendors without adequate canopy weights will NOT be permitted to set-up. Vendors setting up without adequate canopy weights will be required to take down their canopies and/or displays.​ Any damage incurred by a vendor due to insufficient weights will be at the expense of that vendor. 

To maintain product and business visibility, side panels are not allowed in booths unless permission has been granted by a market staff on a market-day basis or required by the health department. 

Signage: All vendors are required to display a sign clearly identifying the farm or business by name and location. Signs must be no smaller than 24” wide by 8” high. Signs must be in place by the opening of the Market. All product descriptions must be true, and not misleading. All signs must not obstruct visibility into other vendors’ booths. 

Display and selling techniques must not impair other vendors’ ability to sell, nor create a hazardous situation for customers.  

The Food Safety Modernization Act requires​ “exempt” farmers to “prominently and  conspicuously” display the “name and complete business address of the farm where  the produce was grown” at the point of purchase (meaning your booth). You can have this on your banner, a sign, labels, or any way that your business name and address is clearly available to your customers.  

Price Signage​: All goods for sale must be CLEARLY MARKED WITH THEIR PRICES. This can be done individually or by listing all prices so they are clearly readable.  

Each vendor is responsible for pricing his or her own goods.  Vendors are not allowed to give produce or other items away for free or at below-cost pricing, thus undercutting potential sales by other vendors. Vendors are expected to sell only quality produce at the Market. Vendors are responsible for the quality and safety of their food.  Selling adulterated food at the Market is strictly prohibited.    

Vendors selling produce by weight must provide their own NTEP certified (“legal for trade”) scales and by law must register their scales annually as part of their CA State Business License. Scales are subject to inspection by the Dept. of Agriculture Weights and Measures Program. All scale displays must be readable and in easy sight to customers during business transactions. Market staff may randomly check the visibility and accuracy of scales.      

Booth clean up is crucial!​ Vendors must maintain their individual selling booth in a clean, safe, and sanitary manner, which shall also include protecting the pavement from leakage from any part of the vendor’s vehicle. Vehicles that drip oil must have an OIL DRIP PAN underneath at all times. Each vendor shall completely clean up his or her booth space at the close of the Market. This includes hauling away any trash or garbage that is generated in or around the booth and sweeping up any debris left on the ground. Vendors may not dispose of produce waste, overripe or leftover produce or boxes in any on-site  garbage can or dumpster. ​MARKET TRASH CANS AND DUMPSTERS ARE NOT AVAILABLE FOR VENDOR USE. ​Vendors should bring their own cleaning materials (brooms, dustpans, trash bags, etc.). 

Those who do not properly clean up at the end of each Market day will be given a written warning for the first offense and a $25 fine for the second offense. Vendors with a third offense may lose their right to sell at the Market.         

Vendors and their representatives shall conduct themselves in a manner that is courteous to other vendors, Market personnel and the public. Any language or behavior that is threatening, abusive, or harassing shall constitute a violation of Market rules and is grounds for termination of the vendor’s right to sell at the Market.   No hawking: calling attention to your products in a loud, repetitive, public manner is prohibited.  Vendors should wear appropriate shirts, shoes and other attire at their booths during Market hours.  Vendors may not play recorded or live music in their booth space. The Market may provide musical entertainment on occasion.  Vendors may not conduct any political activities on the Market premises.  No smoking by vendors or their representatives is permitted in the vendor sales areas.  No drugs:​ Neither the vendor nor their representatives may be impaired by alcohol or  marijuana or illegal substances any time while on the Market premises, as determined  by the Market Manager.  

Our market managers and staff  strive to create a safe and enjoyable  environment for our staff, vendors and community members, and prohibits any harassment,  behavior that creates a hostile environment, and retaliation for reporting such behavior,  based on race, color, national origin, immigration or citizenship status, religion, sex (including  but not limited to sexual orientation, gender identity, gender expression, sexual stereotypes, pregnancy, childbirth and breastfeeding), disability, age, genetic information or  characteristics, military or veteran status, familial status, or any other basis protected by  applicable law. Additionally, all vendors are encouraged to adopt and enforce anti-harassment and non-retaliation policies and train their staff accordingly. 

You and your employees are the public face of the market and your business. Every interaction or conversation you have with the public affects the reputation of all your fellow vendors and  all farmers markets – either enhancing, or undermining. Positive attitudes are essential to attracting customers and creating thriving businesses and thriving markets. 

The Market Managers are responsible for implementing all Market policies, including overseeing vendor participation and stall assignments, Market set-up, collection of fees, and providing information on and assuring vendor compliance with all Market Rules and Regulations. The Managers will also handle all public concerns and vendor matters. The Managers have complete authority to interpret and implement policy on the Market site, and to make all decisions regarding Market operations – including Market participation and stall assignments. (The decision to allow participation in the Market is not a guarantee of a particular stall location.)  The Managers will make vendor participation decisions based on available space in the Market, the need for specific products to create a varied and successful Market, and the vendor’s performance with regard to punctuality, sales, and compliance with Rules and Regulations.  The Managers will strive to maintain a balanced mix of vendors – including experienced vendors and those with less access to existing markets. The goal is to create an economically successful and sustainable Market that will serve our local community for years to come. These Rules and Regulations may be modified at any time. All vendors will be notified of any changes.