Old Town Farmers’ Market
Rules and Regulations
The Old Town Farmers’ Market (OTFM) is managed by The Source Market Association. Working to help reshape local and regional food systems, The Source Market Association is focused on Cultivating Change by planting powerful, innovative ideas and fostering special places where locally focused farmers, artisans and communities connect.
MISSION: To provide vibrant, educational and thriving community space where locally focused farmers, artisans and the community connect.
As a valued vendor, you and your staff are responsible for reading, understanding and following all applicable standards, market rules, policies and regulations pertaining to your business. This includes all applicable federal, state and local regulations. OTFM’s rules and regulations may be amended from time to time.
1. TIME AND PLACE:
Wichita’s Farm and Art Plaza located in front of The Museum of World Treasures (835 E. 1st St. N.) at 1st and Mosley. See Old Town Farmers’ Market Registration and Payment Form for specific dates.
2. MARKET ADVISORY COMMITTEE:
The Market Advisory Committee plays a valuable role in guiding OTFM operations. The committee meets monthly to provide a forum for new ideas, guidance in implementing the overall OTFM mission, peer review in the enforcement of Market Standards and the Rules and Regulations and to create market based compliant mechanisms. The advisory committee assists market staff on policy matters, acts as community ambassadors for the Market and counsel regarding Vendor grievances.
Composition of the Advisory Committee: Minimum of 4 members, with 50% of the committee being a combination of both active Market farmers and artisans and 50% being non-vendor community advisors. One Advisory Committee spokesman will be appointed to relay information gained from the committee to Market Management.
If you are interested in a position on the Market Advisory Committee, please contact OTFM Management.
3. VENDOR CATEGORIES:
One who raises the produce, plants or animal products which they sell at the Market, on land they own or lease/rent in Kansas. It may include someone who processes produce grown on their own property into a value add product such as jams, cider and salsa. It may also include farmers who raise the basic ingredient(s) of a product, but who must send it out for fundamental processing before creating the value add product. This category also includes sellers of bedding plants and potted plants which they have started from seed, plug, cutting, bulbs or bare root. *No resale of pre-finished plants is allowed without prior approval of OTFM’s Market Manager(s). This category also includes raw agricultural products grown by the seller that have been processed, or any product, the sale of which a government agency regulates. Examples are milk, cheese, oils, vinegars, meats, etc. If possible a farmer’s value add ingredients should be predominantly of materials grown, raised or gathered by the farmer, otherwise all vendors are encouraged to purchase value add ingredients from market vendors and/or Kansas produced, fresh and healthful ingredients which should be clearly labeled. Agricultural products licensed, inspected or otherwise regulated by the federal government, the state of Kansas, Sedgwick County, or the City of Wichita may be sold only upon the Market's receipt and acceptance of required documentation of compliance. Vendors must abide by all applicable federal, state and local health regulations. In addition, they must adhere to federal guidelines on all labels.
Genetically Modified Crops (GMO crops) are not permitted to be sold.
Tobacco products may not be sold, consumed or advertised by vendors at the Market.
One who sells processed foods which they have personally prepared on their own or on leased/rented property. Processors are persons or entities offering fresh food products such as baked goods and jams/jellies that have added value to their product line through some sort of "hands on" processing. Processors must produce their products in Kansas. If possible, ingredients should be predominantly of materials grown, raised or gathered by the producer. Otherwise vendors are encouraged to purchase ingredients from market vendors and/or use Kansas-produced fresh and healthful ingredients which should be clearly labeled. (Please refer to Food Safety for Kansas Farmers Market Vendors: Regulations and Best Practices for state regulations on what can be sold at market). Processor category also includes one who provides ingredients and a recipe to a licensed cannery for custom canning.
C. KANSAS RESELLER
One who buys product from farmers in Kansas and brings it to the Market. The reseller is expected to be the only stop between the grower and the consumer. (Strictly Farmer-to-Vendor-to-Market) All produce must be grown in Kansas. A reseller may sell any produce they grow themselves on their own property (see Farmers). Resellers are sellers of crops that cannot be grown reliably or offered for sale in sufficient quantity by farmers selling at Market, as determined by OTFM’s Market Manager(s). Resellers must have all items pre-approved by the Market Manager(s) before delivering the items to market for sale. Approved resold product will be specifically limited.
Genetically Modified Crops (GMO crops) are not permitted to be sold.
D. OUT OF STATE RESELLER
A strictly limited number of vendors may be allowed to buy and/or sell items from out of state sources. Out of state resellers are sellers of market items that may not be currently offered or offered in sufficient quantity by vendors selling at Market, as determined by the Market Manager(s). Resellers must have all items pre-approved by OTFM before delivering the items to market for sale. Any food product from outside the state will be strictly a farmer-to-farmer-to-market product and will be rigorously monitored and limited and only eligible for sale upon the approval of OTFM. (Ex: maple syrup, molasses, apple cider vinegar, etc.) Out of state resellers must clearly label the point of origin (farm or organization name and location) of all products being resold.
An Artisan is anyone who creates or assembles their product(s). This would include painters, jewelers, potters, woodworkers, etc. Any item which is produced without some effort on the part of the vendor must be preapproved by the Market Manager(s) before being brought to market.
F. PREPARED FOOD VENDORS (CONCESSIONAIRES)
Prepared food vendors offer freshly made foods available for sale and immediate consumption on site at the Market. Prepared food vendors shall possess and maintain all required state, county and local license and/or permits. Priority will be given to prepared food vendors who purchase ingredients from market vendors and/or use Kansas produced, fresh and healthful ingredients which should be clearly exhibited.
ADDITIONAL VENDOR RULES/REGULATIONS:
Tobacco products may not be sold, consumed or advertised at the Market.
Approved Kansas farm wineries sales is permitted with the proper sales permit.
Approved Kansas microbreweries can sell at the market though their catering ability.
3. FARM/ARTISAN INSPECTION:
Annual inspections are conducted with Market vendors to help assure products meet Market requirements and aid in identifying steps toward overall Vendor and Market improvement. OTFM’s Market Managers lead a host of programs which has facilitated the formation and expansion of a network of professionals that further support our vendors. Our goal is to be a valued catalyst for the advancement of small-scale, locally focused businesses by serving both Market vendors and the community equally.
OTFM reserves the right to inspect any Vendor's farm or workshop/space. Inspections shall be coordinated between the vendor and OTFM’s representative.
The primary purpose of an inspection will be to aid in the Market Vendor incubation and acceleration program development and to determine whether the vendor is in fact complying with OTFM’s Market Standards.
All new vendors may be inspected prior to approval.
4. GENERAL ACCEPTANCE CRITERIA:
Priority for stall space assignments shall be given based on (but not limited to) a weighted average of the following factors as determined by OTFM Market Manager(s) and Market Advisory Committees:
100% vendor grown or raised or produced products.
Products grown or raised using environmentally responsible, healthful and humane methods.
History of compliance of market rules and regulations.
Conduct, compliance and strong customer service skills.
History of positive interactions with market staff, customers, fellow vendors and volunteers.
Timely submission of all market correspondence.
Billing and payment history.
Consistent high product quality.
Clean and attractive displays.
Food safety compliance – adhering to the highest standards in safe food production and handling including all federal, state and local regulations. Vendors must clearly display required licenses and certifications to customers.
Products that are unusual, unique or not adequately represented at the Market.
Products made from market-purchased items and/or Kansas produced fresh and healthful ingredients.
Record of attendance.
The number of years selling at the Market.
Market commodity mix.
5. APPLICATION PROCESS:
Vendors are carefully screened and share a commitment to creating a diverse marketplace with the highest quality Kansas produced products available. OTFM reserves the right to deny a vendor application, prohibit anyone from selling at the market, and/or prohibit any product from being sold at the market. Prospective vendors must go through the following application process to be eligible to join the Market:
1. Meet the Market Standards.
2. Agree to and have a clear understanding of OTFM’s rules and regulations set forth in this document.
3. Complete and submit an online vendor application located on OTFM’s website.
You will be notified by email if your application for the current season has been approved, denied or if further screening is required. Before selling any products, vendors must have pre-approval from OTFM management. Paperwork (including copies of all applicable insurance, licenses and permits) and payment of fees must be received by The Source Market Association prior to selling at OTFM.
All vendors, returning and new, must complete the application process annually including submission of all required paperwork and payment of all applicable fees.
Vendors are required to submit a complete list of all products they wish to sell at the time of application to OTFM.
To add products to the original approved list, a vendor must submit additions to OTFM in writing. Requested product additions must be submitted a minimum of one week before vendor wishes to sell the product(s) at market and must be approved by OTFM.
After the vendor’s first four to six markets, a representative of OTFM will contact the vendor or his or her representative to go over their progress at the market. This will be a good time to discuss any questions or concerns. The OTFM’s representative will provide an initial assessment of the vendor’s organization and offer any business support advice to accelerate the vendor’s development.
6. VENDOR REQUIREMENTS:
Complete and sign an online OTFM application and agreement. Before selling any products, vendors must have pre-approval from OTFM management.
Read in entirety, the Market Standards and Rules and Regulations before the start of every season at OTFM to ensure a full understanding of OTFM’s policies and updated materials.
Permit field inspections of his/her farm or growing sites or kitchen/workshop/space, to assure compliance with the Rules and Regulations of the Market.
Knowledge of and compliance with all federal, state and local regulations regarding the production, labeling, display and sale of all products at the Market is the responsibility of the individual vendor. All vendors must have a thorough knowledge of the requirements set forth by the Kansas Department of Agriculture’s Food Safety for Kansas Farmers Market Vendors: Regulations and Best Practices.
Compliance with all codes and regulations of the State of Kansas, Sedgwick County, and the City of Wichita is required. These codes and regulations will also apply to the preparation of foods on-site including food samples.
Vendors are expected to comply with all required government regulations that may be in effect for activities that take place at the Market. These include certification of scales, food safety and health rules applicable to samples, food display, statements about being organically grown, grass fed, eggs, etc.
Vendors must provide OTFM with copies of all permits and licenses applicable to the sale of their products. Some examples are nursery licenses for bedding plants, organic certification, scales, meat seller licenses, and licensed kitchens for processed foods.
Vendors must accept U.S. currency and other applicable market currencies, such as OTFM tokens. If a vendor is unable to accept debit/credit cards, shoppers can use their debit/credit cards at the OTFM information booth in exchange for $5.00 green market tokens. These tokens are eligible to purchase all market items and should be treated exactly like a $5 bill so cash change should be given if applicable. Tokens are non-refundable once purchased and a convenience fee is assessed for debit and credit card transactions. NOTE: It is time consuming and costly for OTFM to administer market tokens. Therefore, we strongly encourage vendors to gain independence with their sales and consider technology that connects cell phones to a merchant account, allowing individual vendors to accept debit/credit cards directly at the booth.
SNAP eligible customers are able to purchase red $1 tokens with their EBT/SNAP cards. SNAP Benefits CAN buy foods to each such as: Breads and cereals, Fruits and vegetables, Meats, fish and poultry, Dairy products. SNAP Benefits CANNOT buy: Alcohol, any nonfood items, such as: Pet foods, soaps, paper products, householdsupplies (décor), vitamins and medicines, food that will be eaten at the market, hot foods. There is no purchase minimum or fee to obtain SNAP tokens. Unused $1 tokens may be refunded to a customer’s SNAP account at the OTFM information booth. $1 tokens may never be given as change for any market purchases for any reason. When possible, please work with SNAP customers to modify purchases to reach a whole dollar value.
TOKEN REDEMPTION: Vendors should bring their market tokens to the information booth for redemption. Tokens should be divided separately by the number of $1 and $5 tokens and counted before arriving at the booth. Reimbursement checks will be hand-delivered to the vendor at next week’s market. If the vendor is not returning to market or upon request, the check will be mailed to the address on file with OTFM. Any $1 tokens used to purchase ineligible items will be retained by OTFM without reimbursement. Sale of ineligible items with SNAP benefits is illegal and risks our ability to accept SNAP/EBT.
Sales tax must be collected as required by state law. It is the responsibility of each vendor to obtain their tax numbers, be familiar with which of their items are taxable, and to collect such taxes and forward them to the State Department of Revenue. Vendors must have Kansas Sales Tax Certificate visible at their market booth.
All appropriate documentation must be available in the vendor’s booth at market.
Food Vendors are responsible for providing proper product liability insurances. Product liability insurance is necessary because customers may have allergic reaction of illness due to some chemical residue, product-acidity, food spoilage, or other food-safety related issues.
As a condition of being a vendor, the vendor agrees to release and hold The Source Market Association, its members, agents and employees harmless from all claims related to or arising from the vendor’s attendance at market. OTFM is not responsible for any loss or damage incurred by vendors.
Vendors found to be in violation of one or more rules and regulations may be suspended from selling at the Market.
7. INSURANCE REQUIREMENTS:
All vendors are encouraged to carry Product Liability and General Liability and furnish a copy of certificates of insurance to OTFM at least one week prior to vending at market.
8. FEES AND STALL SPACE ASSIGNMENTS:
A. Stall Fees are set by OTFM Management and are collected by The Source Market Association. All vendors must pay an annual registration fee and stall fees per the current fee schedule set by OTFM Management.
Annual Registration Fee is $40.00.
Reserved weekly stall space fee is $20.00 per stall.
A Vendor may pre-pay for 20 to 31 market dates, at the reduced rate of $15.00 per stall per week. Market Management must be notified of your prepay intentions and the total fee must be prepaid prior to Market season. If your application is accepted after the Market season has already started, pre-payment must be received prior to vendor's first day selling at the Market or within 5 business days, whichever comes first.
Electricity is $5.00 per day upon reserved request.
Stall space must be reserved in advance.Stall space should be reserved no later than Thursday, noon, prior to Saturday Market. Weekly fees can be paid each market week.
B. Stall Space Assignment:
Stall assignments will be made by OTFM Management. The assignment is for that market day only and may vary from week to week. Vendors must accept the stall space assigned by OTFM Management.
A vendor may rent up to two stall spaces per market day. OTFM Management may from time to time rent to a vendor more than two stall spaces for the enhancement of the market.
A Vendor may not sublet or share stall space with other vendors.
The number of approved vendor’s stall spaces for each category of products shall be set by OTFM Management and Market Advisory Committees.
Guest and/or occasional vendors shall be allocated stall space only after all approved vendors are accommodated and only on a case by case basis at the discretion of OTFM Management.
Change in space assignment for vendors with guaranteed stall reservations may occur at the discretion of OTFM Management.
C. Stall Sizes:
Standard stalls are 10’ x 10’
Space dimensions and assignments must be respected.
9. VENDOR CANCELLATION POLICY:
When selling at OTFM, vendors are operating as small businesses. The strength of any farmers' market depends on the presence of vendors and a diversity of products. As with any business, customers must be able to count on vendors being present at the market. Similarly, for OTFM and for vendors businesses to be successful, they must be able to count on the regular attendance of other vendors as well. Continuity and reliability are critical to sales in addition to gaining a regular customer base! For this reason, a Market Stall Cancellation Policy is enacted: Except in emergencies, i.e. serious illness, accidents, family or crop crisis, and other instances deemed to be a legitimate emergency by OTFM Management, vendors will forfeit their prepaid stall fee if OTFM Management is not informed of a cancellation by Wednesday, noon, prior to Saturday Market. OTFM Management will then attempt to lease the space to another vendor. If the OTFM Management is successful in leasing the space to another vendor, the stall fee - whether paid in advance or due at market - will be applied to an alternate date. If OTFM Management is not successful in leasing the space to another vendor, the vendor will still be responsible for their reserved stall fee.
10. MARKET CANCELLATION POLICY:
OTFM is a rain or shine market. We will not cancel a market due to weather unless we determine that it will be unsafe for vendors and attendees. Vendors will forfeit their stall fees if they choose not to participate because of weather. Stall fees will be applied to an alternate date ONLY if the market does not open because of unsafe weather conditions.
11. MARKET DAY ARRIVAL/DEPARTURE PROCEDURE:
The market operates on Saturdays from 7 AM – 12 PM. Arrival and setup time will start at 5:30 AM. All Vendors must be ready for business by 7 AM.
Departure times are no earlier than the closing time of the Market and no later than one hour after market closes. Exceptions may be made in case of emergency. (see OTFM Management) Late arrivals may not be allowed to set up and must have permission from OTFM Management prior to setting up. If permitted to set up, late arrivals must load-in from the perimeter of the market.
Vendors must clean up their stall space after the market closes, including sweeping up any debris and removing all trash.
Vendors are responsible for their own stalls, will supply all necessary trash containers, and will leave their site clean and in a condition suitable to the City of Wichita and OTFM Management. Each member will gather and take with them all containers, waste and trimmings before leaving the Market. On site trash receptacles are for customer use only.
Whenever a vendor does not adhere to Market arrival and departure time OTFM may revoke the vendor’s stall space reservation for up to two weeks.
12. VENDOR CONDUCT AND APPEARANCE:
Customer interactions and relationships are of vital importance to ensuring that a vendor’s goals and objectives are met and are equally important to the overall Market’s success. Conduct by vendors that is materially and/or detrimental to the reputation or operation of the Market is not permitted. Any difficulty experienced with customers or other vendors should be promptly reported to Market Management. Vendors who do not comply with these standards of conduct may be subject to discipline as set forth in Section 13 of these rules.
Vendors will in no way cause detriment to other vendors and are expected to conduct themselves professionally at all times, behaving courteously toward market staff, customers, other vendors, and volunteers. Vendors are responsible for the actions of their representatives, employees or agents.
Vendors are not permitted to disparage other vendors or products. Behavior such as shouting, fighting, selling products in an aggressive way, or “hawking” detracts from the friendly atmosphere of the Market and will not be tolerated. Hawking can be defined as: yelling, barking, or screaming to promote your product. Any activity considered to be damaging to the Market’s friendly and inclusive atmosphere (as determined by the Market Management) can result in that person or persons immediate elimination from the Market.
Vendors are not permitted to play radios or use other sound-generating electronics during market hours.
Vendors are not allowed to smoke within the market area at any time.
Tobacco products may not be sold, consumed or advertised at the Market.
Product dumping is not allowed. Predatory pricing or pricing products far below the cost to produce them will not be allowed. Competition is good for everyone, but undercutting potential sales for other vendors could destroy the market’s viability. Please take time to know your production costs and set your prices at a fair market value. Upon request, Market Management is available to help you navigate your organization’s product pricing.
No political or religious campaigning is permitted.
Vendors are required to post an identification sign (at least 12” x 24”) in a prominent place stating the vendor’s business/farm name and location.
Vendors must be neat and appropriately dressed.
Vendors are responsible for keeping their space clean and attractive during market hours.
Vendors must display their products neatly and attractively, with consideration for the other vendors and the public. A well thought out display is a great strategy for increasing sales!
Signage including product prices, vendor identification, and industry certifications must be clear and visible. All items for sale must be clearly marked with the retail price. Prices may be posted on the product with an individual sign or posted as a list of prices on a large sign or board.
Vendors shall only display or advertise items that have been approved for sale. All products offered for sale at market must be approved for sale by Market Management.
All foods on display must be effectively protected from contamination and sold in a sanitary manner.
All sampling must be contained within the vendor booth space. Please refer to the “Offering Product Samples” section of the Food Safety for Kansas Farmers Market Vendors: Regulations and Best Practices.
Every vendor must obtain a Retail Sales Tax certificate which must be clearly displayed at every market.
False advertising and dishonest marketing strategies are forbidden as determined by the Market Manager(s).
13. DISCIPLINE OR REMOVAL OF AN APPROVED VENDOR
A. A vendor may be removed or suspended from the market or have selling privileges in the market conditioned, modified, limited or terminated by OTFM Management.
B. Vendors who are in violation of any federal, state, local or OTFM’s Rules and Regulations will be subject to the following:
Whenever OTFM Management believes a vendor has violated any of the rules or regulations of the Market, OTFM Management may issue a verbal or written warning or issue a notice of proposed suspension.
Any verbal warning or informal written warning shall be followed by written notice of proposed suspension documenting such warning. Such written notice of proposed suspension shall be mailed or personally delivered to the vendor within seven (7) days of the verbal warning. The notice shall state the time and place of the hearing (hearing may be held as a conference call) on the proposed suspension or other action. Such hearing shall be held no later than thirty (30) days after mailing or personal service of the written notice of proposed suspension. OTFM Management shall inform the vendor of the reasons for the warning or notice.
If OTFM Management issues a notice of proposed suspension, the vendor may appear at a hearing (hearing may be in the form of a conference call) before the OTFM Market Management team and a representative of the Market Advisory Committee at the time and place in the notice. The vendor shall be entitled to present written evidence and written argument to OTFM Management before the hearing and shall be entitled to present written and oral evidence at the hearing. The vendor may, at his or her sole expense, be represented by legal counsel at the hearing or in written communication to Market Management. OTFM Management does not transcribe its proceedings. If the vendor wishes to obtain a verbatim record, the qualified vendor shall arrange for an acceptable means of recordation. Such arrangements shall be at the qualified vendor’s sole expense. If the vendor challenges in court the action taken by OTFM Management, the challenge shall be limited to raising only those issues raised at the hearing or in written correspondence delivered to Market Management at or prior to the hearing.
OTFM Management shall, at the time and place set forth in the notice, hold a hearing (hearing may be in the form of a conference call) on the proposed suspension. At the hearing, the vendor shall be entitled to present written or oral evidence and argument as to why permission to sell at Market should not be suspended. OTFM Management and Advisory Committee representative shall also consider the testimony of the Market Manager or his or her designee. OTFM Management may, in its discretion, continue the hearing to a future date.
If OTFM Management, after a hearing, determines that the vendor has violated the law, or OTFM’s Rules and Regulations, it may suspend the vendor’s permission to sell for a maximum of 60 days.
OTFM Management may suspend, for any period deemed appropriate, the permission of any vendor to attend Market who has been suspended more than once in a one-year period. OTFM Management may also refer the matter to a governmental agency with jurisdiction over the subject at issue. OTFM Management shall promptly notify the seller in writing of its decision and the findings of fact supporting the decision.
A vendor whose permission to sell has been suspended, or a vendor or applicant aggrieved by a decision of OTFM Management, may file a written request with OTFM requesting reconsideration of a determination made by OTFM Management. The person requesting reconsideration shall file the written request within the (10) days of the adoption of the OTFM Management’s determination. If no person files a timely request, OTFM Management shall not take any action pursuant to this action pursuant to this section and OTFM’s Management decision shall be considered final. If a timely request for consideration has been filed, at the next available meeting (meeting may be in the form of a conference call) OTFM Management shall consider the request for reconsideration and shall receive any oral or written testimony. OTFM Management’s decision shall be final.
Whenever OTFM Management determines that an immediate suspension of a vendor’s privilege to sell at OTFM is necessary to preserve the OTFM’s reputation (as determined by the OTFM Management), consumer health, safety or welfare of customers, other Market vendors, Market staff, or the general public, OTFM Management may suspend a vendor’s right to sell. Such suspension shall be effective immediately. OTFM Management shall provide the vendor with a notice of suspension stating the date, time and place of the OTFM Management and Advisory Committee representative hearing (hearing may be in the form of a conference call) on the suspension. Thereafter, the hearing procedures detailed above shall be followed.