Old Town Farmers’ Market
Rules and Regulations
The Old Town Farmers’ Market (OTFM) is managed by FarmShop, LLC. Working to help reshape local and regional food systems, FarmShop 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: year-round access to quality food ingredients and artisan products produced in Kansas, and a 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:
The outdoor market is located at Wichita’s Farm and Art Plaza in front of The Museum of World Treasures (835 E. 1st St. N. Wichita Ks. 67202) at 1st and Mosley.
The indoor market is located at Distillery 244 (244 N. Mosley, Wichita Ks. 67202)
The outdoor market operates on Saturdays from 7 AM – 12 PM from May through August and 8 AM - 12 PM September through October. Arrival and setup time will start at 5:30 AM. All Vendors must be ready for business by Market opening time.
Indoor market operates on most Sundays from 10:00 AM to 2:00 PM from November through mid-April. Arrival and setup time starts at 8:30am. All Vendors must be ready for business by Market opening time.
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 provides 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 compliance mechanisms. The advisory committee assists management on policy matters, acts as Market community ambassadors 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 vendors and 50% being non-vendor community advisors.
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 PRODUCTS / RESELLER
A strictly limited number of vendors may be allowed to buy and/or sell items from out of state sources. Out of state product 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 products 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 Management 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 permit.
Approved Kansas microbreweries can sell at the market though their catering ability.
3. FARM/ARTISAN INSPECTION:
Annual inspections may be 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 Management 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/market 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 FarmShop, LLC prior to selling at OTFM.
All vendors, returning and new, must complete the application process for each Market season, 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.
Throughout the Market season, an OTFM representative may provide one or more assessment(s) of the vendor’s organization and offer 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 such as: breads and cereals, fruits and vegetables, meats, fish and poultry and dairy products. SNAP Benefits CANNOT buy: Alcohol, any nonfood items, such as: Pet foods, soaps, paper products, household supplies (décor), vitamins and medicines, food that will be consumed at the market e.g. hot foods, juices. 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 by no later than 15 minutes after close of the Market 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 an allergic reaction or illness due to some chemical residue, product acidity, food spoilage, or other food-safety related issue.
As a condition of being a vendor, the vendor agrees to release and hold FarmShop LLC, The Source Market Association, Distillery 244, their 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 FarmShop, LLC. All vendors must pay the registration fees and stall fees per the current fee schedule set by OTFM Management.
Each Market Registration Fee is $40.00. Registration fees are specific to the outdoor and indoor Market seasons. The $40 registration fee must be received by OTFM management prior to consideration of the vendor’s application.
Reserved weekly 10'x10' stall space fee is $20.00ea. Weekly fees can be paid each market week. Vendors are expected to bring their weekly payment to the OTFM Information Booth between Market opening and 30 minutes prior to Market closing.
OUTDOOR MARKET ONLY: A Vendor may pre-pay for 21 to 28 market dates at the reduced rate of $17.00 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 during the requested Market season, pre-payment must be received prior to vendor's first day selling at the Market or within 5 business days, whichever comes first.
Limited access: Electricity is $5.00 per day upon reserved request. Priority for electricity goes to farmers and food producers. Vendors with approved electricity reservations will be charged $5.00 whether electricity is used or not.
All stall space must be reserved in advance on your application form. NOTE: The market dates that you select on your application are your requested reservations for the season. Once approved, you will billed for each week that you have reserved. If you need to make changes to your reserved market dates, you must email OTFM management at email@example.com no later than Wednesday, noon, prior to the weekend Market. Any other form of communication is unacceptable. e.g. text, verbal, phone.
Vendors may call the office at 316-337-5770 throughout the week or email firstname.lastname@example.org. All market day or after business hours correspondence must be sent to email@example.com. Any other form of communication is unacceptable. e.g. text, verbal, phone.
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 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 the Market Advisory Committee.
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.
Canopies are mandatory. Special exceptions may be made by OTFM Management in unique situations.
C. Stall Sizes:
1. OTFM stalls are 10x10’ea.
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 stall fee if OTFM Management is not informed of a cancellation by Wednesday, noon, prior to the weekend Market. The cancellation fee and current weekly Market fee will be due prior to set up on the following Market day.
10. WEATHER 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 outdoor market operates on Saturdays from 7 AM – 12 PM from May through August and 8 AM - 12 PM September through October. Arrival and setup starts 1.5 hours before Market opening time. All Vendors must be ready for business by Market opening time.
Indoor market operates on Sundays from 10:00 AM to 2:00 PM. Arrival and setup starts 1.5 hours before Market opening time. All Vendors must be ready for business by Market opening time.
OTFM Management and Special Market Guests ring the Market dinner bell to indicate opening and closing times for each Market day. Vendors must be set up and ready for business by opening bell. Vendors may not sell prior to Market opening. Vendors may not break down and/or load products and materials before closing time.
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) Any vendor arriving less than 30 minutes prior to Market opening is considered late. Late arrivals may not be allowed to set up and must have permission from OTFM Management prior to setting up. Outdoor Market: If permitted to set up, late arrivals must load-in from the perimeter of the Plaza.
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, Distillery 244 and OTFM Management. Each vendor will gather and take with them all containers, waste and trimmings before leaving the Market. On site trash receptacles are for customer use only.
Parking spaces close to Farm and Art Plaza and Distillery 244 should be considered customer parking and will not be used by vendors.
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 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 this document.
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, agents or family members.
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, FarmShop, LLC is available to help you navigate your organization’s production costs and product pricing.
No political or religious campaigning is permitted.
Vendors believed to be under the influence of drugs and/or alcohol and behaving in an unprofessional manner may have their permission to sell at Market revoked.
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. This is a state requirement for all food vendors and an opportunity for customers to better connect with you and your products.
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 pre-approved by Market Management.
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 OTFM Management)
13. FOOD SAFETY
The use of artificial ingredients, including food coloring is prohibited for all foods intended for human consumption.
All foods on display must be effectively protected from contamination and sold in a sanitary manner.
Requirements for food sampling include: hand-washing station meeting the following minimum requirements must be present for sampling:
a. 5-gallon cooler modified with a hands-free spigot
b. Catch basin for waste-water
c. Liquid soap
d. Paper towels
e. Adequate supply of warm water
f. Trash receptacle
a. Samples must be precut.
b. Samples must be served individually. This can be on plates,
in cups, on toothpicks, or other appropriate method.
c. Access to samples must be controlled so customers cannot
touch any sample they will not be consuming.
d. Samples must not be exposed to insects or other environmental contaminants.
e. No bare-hand contact with ready-to-eat food is allowed.
f. Sampling must occur under cover. If the market itself is not under a structure, a canopy, tent or umbrella is adequate.
All Food Sampling processes must be pre-approved by Market Management.
14. DISCIPLINE OR REMOVAL OF AN APPROVED VENDOR
A. A vendor may be removed or suspended from the market or have selling privileges at the market conditioned, modified, limited or terminated at any time 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 suspension.
Any verbal warning may be followed by a written notice of disciplinary action as deemed necessary by OTFM Management.
OTFM Management may suspend, for any period deemed appropriate, the permission of any vendor to attend the Market.
OTFM Management may also refer the matter to a governmental agency with jurisdiction over the subject at issue.
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 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 Market'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.
We appreciate your interest in Wichita's downtown Market! Special things happen when creative people come together.
We look forward to reviewing your information.
Old Town Farmers' Market