TUP2016-00012 NOTICE OF TYPE I DECISION
TEMPORARY USE PERMIT (TUP) 2016-00012 NI 19
TIGARD AREA FARMERS MARKET TIGARD
120 DAYS = August 3, 2016
SECTION I. APPLICATION SUMMARY
FILE NAME: TIGARD AREA FARMERS MARKET
CASE NO.: Temporary Use Permit(PUP) TUP2016-00012
PROPOSAL: The Tigard Area Farmers Market proposes a seasonal, outdoor market to
operate on Sundays between the hours of 8:30 a.m. and 1:30 p.m., from April
24,2016 to October 30,2016.
APPLICANT: Tigard Area Farmers Market OWNER: City of Tigard
Attn:Jessica Love 13125 SW Hall Boulevard
P.O.Box 230421 Tigard,OR 97223
Tigard,OR 97223
ZONING: MU-CBD: M ixgd Use-Central Business District. The MU-CBD zoning district is
designed to provide a pedestrian friendly urban village in downtown Tigard. A
wide variety of commercial, civic, employment, mixed-use, multifamily and
attached single-family residences are permitted. New development and
redevelopment is required to conform to the standards of Chapter 18.610.
LOCATIONS: 8777 SW Burnham Street;WCTM 2S102AD,Tax Lot 3450 (Market location)
8840 SW Burnham Street;WCTM 2S102DB,Tax Lot 100 (Parking location)
8770 SW Burnham Street;WCTM 2S102DA,Tax Lot 300 (Parking location)
APPLI CABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.785
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request for a Temporary Use Permit, subject to certain conditions of approval.
The findings and conclusions on which the decision is based are noted in Section IV.
CONDITIONS OF APPROVAL
PRIOR TO OCCUPANCY THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
1. Obtain all necessary permits from the City of Tigard for signage associated with the seasonal
market.
2. No advertising or display of products shall be permitted to be located in,or project into,the right-
of-way or the clear vision area of each access (a dear vision area shall be a triangle whose base
extends 30 feet along the street right-of-way line in both directions from the centerline of the
accessway and 30 feet back from the property line).
TUP2016-00012 TIGARD AREA FARMERS MARKET PAGE 1 OF 5
THIS APPROVAL SHALL BE VALID
APRIL 24,2016 THROUGH OCTOBER 30,2016
SECTION III. BACKGROUND INFORMATION
Site and Vicinity Information:
The site consists of three parcels totaling approximately 11 acres. The main parcel, utilized for the
Farmers Market,is located northwest of the intersection at SW Burnham Street and SW Hall Boulevard
(8777 SW Burnham Street). The other twoarcels (8770 and 8840 SW Burnham Street) are located
directly across the street, and will be utilized for vendor and customer parking. The site is zoned Mixed
Use-Central Business District (MU-CBD), as are all surrounding properties. The market site is
developed with an 18,000 square foot building that is currently occupied by the City of Tigard Public
Works Department. The other two parcels are also developed, one with two buildings occupied by
Frontier Communications (8840 SW Burnham), and the other with a 10,000 square foot building
occupied by Kim's Embroidery (8770 SW Burnham).
Proposal Description:
The Tigard Area Farmers Market proposes a seasonal, outdoor market to operate on Sundays between
the hours of 8:30 a.m. and 1:30 p.m., from April 24,2016 to October 30, 2016.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
TEMPORARY USES
18.785.020 Types of Temporary Uses
A. Seasonal or special event. This type of temporary use is a use which by its nature will last
less than one year. Examples of this type of use are those associated with the sale of goods for
a specific holiday, activity or celebration, uses associated with construction, or seasonal use.
This type of use does not apply to businesses seeking a temporary or interim location.
This type of temporary use includes use associated with the sale of fresh fruits, produce, and
flowers, including seasonal markets by a chartered public service/non-profit organization
which may offer additional products and services as provided in the organization's "market
rules and policies" such as landscaping plants, prepared food, animal products, and
art/handcrafts assembled by the vendor.
FINDING: The proposed use is a seasonal market to operate on Sundays between the hours of 8:30
a.m. and 1:30 p.m., from April 24, 2016 to October 30, 2016. The Tigard Area Farmers
Market is organized by the Tigard Area Chamber of Commerce, and is focused on
building relationships among farmers, community members, and non-profit
organizations. The market will provide high quality and locally grown foods to the
Tigard Community, along with arts/handcrafts, landscaping plants, non-food
agricultural products,and educational information. As part of the application, a site plan
showing the locations of the market area, customer parking, and vendor parking has
been submitted. Vendors will be required to adhere to the Tigard Area Farmers Market
Vendor Handbook 2016 that sets forth market policies for all vendors. These policies
include criteria for vendor selection and product guidelines. The proposed market is
consistent with the type of temporary use permitted as a seasonal or special event. This
criterion is met.
18.785.030 Approval Process
A. Approval of various temporary uses shall be processed as follows: Seasonal or special event:
by means of a Type I procedure, as governed by Section 18.390.040, using approval criteria in
Section 18.785.040A.
B. An approval for a temporary use by the Director shall be valid for a period of one year unless
otherwise stipulated by the approval.
TUP2016-00012 TIGARD AREA FARMERS MARKET PAGE 2 OF 5
C. An approval for the temporary use by the Director shall lapse if:
1. Substantial construction of the approved plan or onset of the approved activity has not begun
within the approval period; and
2. Construction or activity on the site is a departure from the approved plan.
D. A temporary use approval may be renewed once by the Director for a period not to exceed
one year. Approval for a seasonal or special event use may be renewed on an annual basis in
the same manner as if it were an original application. Notice of the decision shall be provided
to the applicant.
FINDING: The proposed use is a seasonal market to operate on Sundays between the hours of 8:30
a.m. and 1:30 p.m., from April 24,2016 to October 30, 2016. A seasonal use is reviewed
through a Type I procedure as governed by TDC 18.390.030, using approval criteria in
TDC 18.785.040.A,below. The applicant's permit will remain valid if the activity on the
site is consistent with the approved plan. This criterion is met.
18.785.040 Approval Criteria
A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030,
the Director shall approve, approve with conditions or deny based on findings that all of the
following criteria are satisfied:
1. The use occurs only once in a calendar year and for no longer a period than 30 consecutive
days, except as provided in paragraph 6.
The proposed seasonal market would operate on Sundays between the hours of 8:30 a.m. and 1:30
p.m., from April 24, 2016 to October 30, 2016, consistent with the allowed April to October operating
period for seasonal markets identified in TDC 18.785.040.A.6,below.This criterion is met.
2. The use is permitted in the underlying zoning district.
The subject site is located in the Mixed Use-Central Business District (MU-CBD), consistent with the
zones provided for this use as identified in TDC 18.785.040.A.6. This criterion is met.
3. The applicant has proof of the property-owner's permission to place the use on his/her
property;
The application included the property owner's written authorization. This criterion is met.
4. There will be no parking utilized by the customers and employees of the temporary use
which is needed by the property owner to meet his/her minimum parking requirement, as
governed by Chapter 18.765, Parking and Loading.
The submitted site plan shows vendor booths set up in the parking area for City of Tigard Public
Works Department, and parking for vendors and customers on neighboring sites (Frontier
Communications and Kim's Embroidery). The City of Tigard Public Works Department, Frontier
Communications, and Kim's Embroidery do not operate during the hours of the Farmers Market;
therefore, parking by customers and employees of the proposed temporary use will not compete with
the required parking for these sites. This criterion is met.
5. The use will provide adequate vision clearance, as governed by Chapter 18.795, and shall not
obstruct pedestrian access on public rights-of-way.
The applicant's site plan demonstrates that vision clearance would not be altered by the location of the
booths, which will not be located within any public right-of-way. Accordingly, this temporary use will
not obstruct pedestrian access. In order to ensure that directional signs or other objects associated with
TUP2016-00012 TIGARD AREA FARMERS MARKET PAGE 3 OF 5
the market do no violate vison clearance standards, Condition 2 in Section II above requires the
applicant to maintain clear vision areas.As conditioned,this criterion is met.
6. Seasonal markets are permitted in the C-G and MU-CBD zones and may operate from April
through October. The applicant shall provide "market rules and policies" for City approval,
which are consistent with the seasonal market use description in 18.785.020.A.2 and will be
observed for the duration of the permit. Market rules and policies shall include hours of
operation, location, product guidelines, vendor obligations, vehicle loading/unloading, and
any other applicable policies guiding the operation of the market.
The subject site is located in the Mixed Use-Central Business District (MU-CBD), consistent with the
allowed zones for this temporary use. The proposed seasonal market would operate on Sundays
between the hours of 8:30 a.m. and 1:30 p.m., from April 24,2016 to October 30,2016,consistent with
the allowed April to October operating period for seasonal markets. The applicant submitted a copy of
the Tigard Area Farmers Market Vendor Handbook 2016 as part of the application. The rules and
policies in the handbook are consistent with the seasonal market use description in TDC
18.785.020.A.2, including the sale of landscaping plants, prepared food, animal products, and
art/handcrafts assembled by the vendor. The document outlines the hours of operation, location,
product guidelines, vendor obligations, vehicle loading/unloading, and any other applicable policies
guiding the operation of the market.This criterion is met.
The City may also consider the following criteria:
Provide documentation demonstrating adequate and safe ingress and egress exist when
combined with the other uses of the property, consistent with applicable standards of Chapter
18.705,Access, Egress and Circulation;
Based on the site plan provided by the applicant, existing streets and direct access to SW Burnham
Street will be used to create adequate and safe ingress/egress points. According to the applicant's
narrative, event staff will monitor pedestrians and vehicles around the market area,and will be available
for assistance at all times during the event. This criterion is met.
Provide documentation demonstrating the use will not create a traffic hazard, including
coordination with ODOT if applicable;
The project site is directly accessed from SW Burnham Street. The submitted site plan shows vendor
booths set up in the parking area for City of Tigard Public Works Department, away from the public
right-of-way and the primary ingress/egress points for the property. In addition,vendor and customer
parking will be provided on neighboring sites (8770 and 8840 SW Burnham Street), and will utilize
existing ingress/egress points. The Tigard Area Farmers Market Vendor Handbook 2016 outlines
specific traffic control measures regarding vendor vehicle loading/unloading,in order to minimize off-
site impacts to traffic and circulation.This criterion is met.
Provide documentation that the use will not create adverse off-site impacts related to noise,
odors, vibrations, glare or lights that would be greater than otherwise allowed by uses
permitted outright in the zone; and
The Tigard Area Farmers Market Vendor Handbook 2016 states that the hours of operation open to
the public are from 8:30 a.m. and 1:30 p.m., with vendor arrival time specified as between 6 a.m. and
8:15 a.m. Musical guests are allowed to play only within market hours. No additional outdoor lighting is
proposed or required. Booth sales of listed products would not expect to generate adverse off-site
impacts related to noise, vibrations, glare, or lights. Food odors may be expected with food vendors,
but would not be considered objectionable given the scale of the activities. This criterion is met.
Signs are allowed as permitted in Chapter 18.780, however, the permitted period for temporary
signs may be approved to correspond to the duration of the permitted seasonal market use.
TUP2016-00012 TIGARD AREA FARMERS MARKET PAGE 4 OF 5
The applicant has not applied for a sign permit related to the Tigard Area Farmers Market temporary
use. The applicant's narrative states that directional signs will be utilized to aid in traffic control;
however,directional signs do not require sign permits per TDC 18.780.060.A.7. In order to ensure that
the requirements of the City sign code are followed, Condition 1 in Section II above requires the
applicant to apply for all necessary sign permits from the City. As conditioned,this criterion is met.
FINDING: According to the analysis above, the proposed seasonal market use meets the
applicable approval criteria or can be expected to meet them through conditions
of approval. To ensure consistency with these standards and the practices of the
City, conditions of approval will be imposed with respect to signs and vision
clearance.The conditions are included in Section II of this decision.
SECTION VII. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was mailed to the applicant and property owner.
Final Decision:
The decision of the Director on Type I Procedure is final on the date it is mailed or otherwise provided
to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the
final decision of the City.
THE DECISION IS FINAL ON APRIL 12, 2016
AND BECOMES EFFECTIVE ON APRIL 13, 2016
Questions:
If you have any questions,please contact Lina Smith,Assistant Planner at(503) 718-2438 or
LinaCS@tigard-or.gov.You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall
Boulevard,Tigard,OR 97223.
4 April 12,2016
PREPARED BY: Lina Smith
Assistant Planner
TUP2016-00012 TIGARD AREA FARMERS MARKET PAGE 5 OF 5
APPLICANT
MATERIALS
RECEIVED
APR 0 5 2016
CITY OF TIGARD
S
City of Tigard PLANNING/ENGINEERING
COMMUNI lam' DEVELOPMENT DEPARTMENT
TIGARD Temporary Use Type I Application
PROPOSAL SUMMARY (I3ricf description) REQUIRED SUBMITTAL
Temporary use approval to allow:-77 a.vd f 2 rmYl e r ! Lt/f��t r�-- ELEMENTS
o
use_.—Nno.--Ti arrd (91,Lb c. Ii 1pfk.S 1- _ `W 1-- bounce's signature/
Property address/location(s): trci-1-1 „W E;Llrl' haryi „5i. urn cn authorization
�Q r (2)copies of the site pint
13 crd t CAL. 97 2�z] plan tndicaung:
Tax map and tax lot #(s): _ 1. Locauon of the Timpar.tr, Use
2. Lot size
3. Square footage and iocauon of
Site sirs:
�O 000 [A existing bwldin}s
LJ f (� I I
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( a. Current uses of existing buildings
date: DLI / ` t / 10 End date: 10 3O I tQ 5. Number of existing parking spaces
Please check cane. a. Syuary Nonage of ant space.to be
used as additional parking
18;Season/special eventDtiecwat locations
❑ Unforeseen/emergency situation Q .ite/pku plan reduced to R.5"xl I'a")
❑ Temporary sales office/model homes qA ilQplic Int s statement address criteria.
18.785( tO 2 topics
❑ Temporary use in commercial and industrial zone
11jAhng fee unless exempt
APPLICANT
1 ar� �(�^� ,,AQ{� I OR ',TAI.1 t',I. ()t1.1
Business name: 1 +/`K/iJ ,JV!/!f J� )/,, /yy
7 �/'���''7 tr Case a`lo.: I L�ir���/�f' C..-r,-4-���
Address: Xf .) s- L� 1 q Related Case No.(3
Cin'/state: �[� q aro( O(- Lip: /7� 1 /� )J/
�1 Looe_._ i\pplicatmn 1-cc: C
Contact name: Je L�CG (i(] r Application accepted
Ph#: X3-4,31 909 Email:jYhna,�l tekrelTit 'rv��fylarjg .
U Dec) 13,: �� Date! /s, �
Application determined complete
PROPERTY OWNER/DEED H-+OLDER(S)• 'cu.t e or n e,n.+han By:L Date~. y/���i'
Name: QT �ti t,� rd I Mi11IR14MI{IMYJMU4AppYLiNoM Rev tuts mii
Address: 127' s711V u 1�[A
Cin•/state? Ac'A f C1L /ip: 723-3 �7
Contact name: e7ric,n 64a. Ph# 5D3-'7l8-2411
• \X hen the on ni.r and the applicant are different people,the applicant must he the purchaser of record or a lessee in peissessi on
with u nrten authonzanon from the owner lir an agent of the owner.The owners most sign this application in the space
ponuled on the back of thus form or submit a written nuthi,izauem with this application.
City of Tigard • 13125 SW Hall Bid • Tigard..Oregon 9'223 • ww .ugard-or.got • 503 '18 2421 • Page 1 of 2
APPLICANTS
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS
as described on the front of this application in the"Required Submittal Elements"box.
(Detailed Suhtntn7l Rigviremcnr InWrmanon Alda can}x uhr.unid,upon rviquia,f'r all tspcs of Land l ci \pplIeaauns)
THE APPLICANTS) SHALL CERTIFY THAT: 1 �
• Tileabove request does nor violate ant•cleedsestrictionsthat may be atraehcd to or imposed upon the cuhiect I T1 rn ry_rt\
• If the application is granted,the applicant w•i11 exercise tate tights granted to accordance with the terms and subicct to all the
conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true,and
the applicants so acknowledge that any permit issued,based on this application,may be rooked if it is found that any such
statements are false.
• The applicant has read the enure contents of the application,including the policies and criteria,and understands the
requirements for approving or denying the application
SIGNATURES of each owner of the subject propertyjrequired.
(ASSI ca Love 1 3f2..1 It to
licant's signature Print name Date
L Q�4/f McAr+'L•-a,,._ L Wth tt,y.2d/6,
Owner's signature Pnnt name Date
Owner's signature Print name Date
Owner's signature Print name Date
TEMPORARY USE—TYPE I APPLICATION(TUP) _r
City of Tigard • 1312-1 SV H ill Blvd. • Tigard,Orc7;nn 97223 • www ug rd or.l;or • 503'18 2121 • Page 2 of 2
Jessica Love
From: Riggs, Waldon <wally.riggs@ftr.com>
Sent: Friday, March 18, 2016 7:21 PM
To: Jessica Love
Subject: RE:Tigard Farmers Market
Hi Jessica,
Approved again this year. Please ensure that Frontier Communications employees can access our support center and
we'll be good to go again!
Thanks,
Wally
Waldon ( Wally) Riggs
Director-Network Engineering
Oregon/Idaho/Montana Market
503-620-8202—Tigard
503-526-9811—Beaverton
503-327-5512—cell
503-684-8340-fax
From:Jessica Love [mailto:manager@tigardfarmersmarket.org]
Sent: Friday, March 18, 2016 3:42 PM
To: Riggs, Waldon<wally.riggs@ftr.com>
Subject:Tigard Farmers Market
Hello Wally,
My name is Jessica Love, and I am the new Tigard Farmers Market Manager.
We are getting into full swing for the upcoming 2016 season.We would love to have your approval again to use the
Frontier parking lot for market parking on Sundays from April 24th to October 30tH
It was a huge benefit to the Tigard community to have easy access to parking close to the market the last couple
seasons.
We will continue to promote Frontier as one of our partners and give you recognition as we can
All we need from you is an approval email that I can attached to the permit application.
Thank you so much. I look forward to hearing from you.
Thank you,
Jessica Love
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Corner of Hall and Burnham,downtown Tigard.
8777 SW Burnham Street
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Narrative of other items to be considered as part of this application:
• We have provided proof of the property owner's permission to use his/her property
- The application is signed by the owner.
• Most businesses are closed during market hours.There is very minimal traffic overlap to any of
the surrounding properties.
• We have staff persons and many volunteers to help direct traffic on streets and on site
• We use directional signs to help the community traffic flow better
• Our vendors do not create noise,odors,vibrations,glare or lights that would be greater than
otherwise allowed by uses permitted in the zone.
_ The market does have musical entertainment only during market hours.
Tigard Farmers Market Vendor Handbook 2016
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1
Tigard Farmers Market Vendor Handbook 2016
TABLE OF CONTENTS
Hours and Dates 3
Market Staff 3
Mission Statement 3
Space Fees and Registration 4
Payment Options 6
Product Guidelines 6
Food to be Consumed on Market Premises 9
Sunday Market Vendor Obligations 10
Food Assistance Programs,Token Program 13
Enforcement 14
On the Spot Vendor Checks 15
Inclement Weather Policy 15
Sustainability 16
Vendor Licensing 16
Information for New and Weekly Vendors 18
Contact Information for Governmental Agencies 19
Labeling and Packaging of Agricultural Products 21
Highlights of the ODA Farmers' Market Guidelines 22
Entire ODA Farmers' Market Guidelines 23
Organic Certification Information 30
Sunday in downtown Tigard Market Map 35
2
Tigard Farmers Market Vendor Handbook 2016
HOURS AND DATES FOR 2016 SEASON
Sunday Market season is April 24—Oct 30
• Open to the public from 8:30 a.m. to 1:30 p.m.
Staff
Jessica Love, Market Manager
MISSION STATEMENT
The TAFM is focused on bringing farmers, community and non-profits together in a way that
benefits all. Farmers grow local produce, plants, and flowers; our Tigard Community members
gather together to buy these products; and weekly non-profit booth space gives all the
opportunity to give back. Tigard Area Farmers Market. GROW. GATHER. GIVE.
To achieve our objectives, the Market:
1. Secures and manages the physical market site.
2. Provides services to our customers that support vendor sales and enhance the overall
shopping experience, such as drive-up loading zones.
3. Encourages customer attendance through community outreach - special events and
programs designed to enhance the customers experience at the market.
4. Promotes the market through its website, newsletter, social media sites, relevant
farmers market brochures, chamber marketing programs and other key community
relationships such as the City of Tigard supports non-profit organizations by giving them
the opportunity to sell in our Community Booth with profits going directly to the
organization.
5. Provides space for the Master Gardener volunteers to dispense gardening advice to
customers, answering their questions and helping them with garden related problems.
Other Facts about the Tigard Area Farmers Market
1. We are not a forum for political, commercial or religious activities.
2. We are owned by the Tigard Area Chamber of Commerce, a 501(c)6.
3
Tigard Farmers Market Vendor Handbook 2016
SPACE FEES& REGISTRATION
Sunday Farmers Market
Booth Space 10 X 10 : $30 per week
Registration—Applies for Farmers,food, artisan,all vendors.
1. Market participants are re-evaluated annually.Acceptance for one season does not
guarantee acceptance in subsequent seasons.
2. A complete vendor application, with copies of all licenses relevant to that business,
must be submitted for market review.
3. All unpaid fees from previous year must be paid before vendor's application will be accepted.
4. Vendors will select a payment plan for the season at the time of registration.
5. A non-refundable $25.00 application fee must be submitted with the application. A deposit
of$30 is also required with your application. The deposit will be your last market space fee.
If your deposit was taken earlier in the season you will need to replenish it.
6. Sharing a booth by two or more vendors must be approved by the Market. Vendors must
each fill out an application indicating who they will be sharing with and an application fee and
deposit from each vendor is required.
Weekly Vendors
1. What is a weekly vendor?
• Weekly vendors are those who will call each week for a space assignment.They are
selected by the Market Manager to fill any available open spaces on Sunday Market days.
• Weekly vendors must submit a Vendor Application and fee prior to selling at the
Market and must abide by the rules.
2. Space Assignments for Weekly Vendors
• Priority in assigning spaces is given to weekly vendors whose products are not already
well represented in the Market.
• Vendors who wish to sign up for weekly spaces should e-mail the market office at
info@tigardfarmersmarket.org by the Wednesday immediately prior to the Sunday Market that
the vendor would like to attend.
• Weekly assignments are e-mailed back to vendors on Thursdays.
3. Paying Weekly Space Fees
• Please make your checks payable to the Tigard Farmers Market.
• Failure to pay your fee on market day may result a late fee. Weekly vendor status will
be suspended until space fee and late charges are paid.
• Vendors who are given a space assignment are responsible for occupying that space
and paying the applicable fee.
• Vendors who cancel their space by not showing up at market will not be eligible for
another space assignment until the fee for the missed market and the late fee is paid.
• Repeat non-appearances may result in loss of vendor status.
• Weekly vendors pay the regular season rate for their space.
• Weekly vendors are not guaranteed that they will be given a space, or that they will receive
the same space they may have previously occupied.
4
Tigard Farmers Market Vendor Handbook 2016
Reserve Vendors
What is a reserve vendors:
1. Reserve Vendors will be assigned a regular space in the market. The vendor will be
responsible for occupying the space(s) for all approved dates.
2. Assignment of reserve space is based on evaluating a vendor according to the
following criteria:
• The quality of product, its display and presentation
• Maintenance of good product mix in the overall market
• Principles of good marketing and product promotion
• Benefit and disadvantages of placing select products next to each other
• The vendor's ability to be a positive part of the TFM community
• Vendor's ability to follow the Market rules
3. Such space assignments do not guarantee that a vendor will occupy the same space
during the entire term selected.
4. Changes in space assignment for reserve vendors may occur at the Market's discretion.
5. Reservation of space establishes no right to, or guarantee of, space rental in subsequent
years.
6. Reserve vendors may not sublet stall spaces to other vendors.
7. If a vendor sells his or her business, they may not transfer their market spaces to the new
owner. The market will determine who will occupy the space after the business
changes hands.
8. A Reserve Vendor is guaranteed a space for the term in which they are registered and are
responsible for occupying that space for the duration of that term.
Emergency Absences—reserved vendors are allowed only 2 emergency absences during the
season for which the space fee will be forgiven. Vendors will be required to pay space fees for
additional absences.
9. Repeat non-appearances may result in loss of Reserve Vendor status.
10. Pre-assigned space reservations will be guaranteed until one half hour prior to market
opening. After this time, vacant spaces may be given to a weekly vendor. If possible, the Market
Manager will assign the Reserve Vendor a space when they arrive at the market. In the event a
space cannot be found, the Reserve Vendor will not qualify for a refund.
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PAYMENT OPTIONS
OPTION 1: Full season payment - receives 8%discount - Check must be submitted by March 2,
2015. (Sunday Farmers Market Only)
OPTION 2: Split season payment—receives 5%discount
Checks for both payments must be received by March 2 in order to qualify for discount. One
check for half of the fee is to be dated March 2, the other check for the remaining balance is
to be dated July 19.
OPTION 3: Weekly payment—no discount
Full Season Vendors may select to pay their space fee on a weekly basis by submitting a
payment to the Market Information booth each market day. There is a $15 non-negotiable late
fee for failure to make the weekly payment. Reserve vendors paying weekly are responsible for
paying the fee for every week approved on their application.
FARM AND PRODUCTION FACILITY INSPECTIONS AND VISITS
All TAFM vendors are subject to farm or facility inspections or visits. A visit is an opportunity for
us to get to know you. An inspection is a fact finding mission meant to document specific
information. The Market will determine the schedule of inspections and visits which may or
may not be pre-arranged with the vendor depending upon the reason for the inspection or visit.
Farms - It is expected that all vendors reveal the location of all properties farmed by them. Food
production facilities are also subject to inspection and are required to be licensed in accordance
with ODA Food Safety regulations.
PRODUCT GUIDELINES
All products must be grown, raised, produced or collected in Oregon or Washington. Products
allowed to be sold at the Market are agricultural products such as plants, fruits, vegetables,
herbs, flowers, seafood, meat, poultry, honey, processed foods and eggs. All products shall be
of good quality and must comply with any applicable regulations pertaining to their production
and sale. The Market is for farm fresh locally grown products and is not an outlet for
wholesale produce.
All products sold by vendors must be produced by that vendor unless specific permission is
given by the market via the approval of a Second Farm application.
The Tigard Farmers Market reserves the right to:
• Prohibit any vendor from selling a particular product in the Market.
• Prohibit any product from being sold in the Market.
• Prohibit a particular vendor from selling in the Market.
Vendors must submit a complete list of products that they produce and wish to sell at the
time they make application to the market. If an accepted vendor wants to sell an item not
previously approved, the Market Manager must approve the new item before it may be sold.
This includes arts/crafts/artisan vendors as well.
Prices
All vendor prices must be clearly marked or posted. Collusion and deceptive pricing practices
are strictly forbidden. Vendors are not allowed to pressure, harass or bully other vendors
regarding the pricing of their product.
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Tigard Farmers Market Vendor Handbook 2016
Nursery Products and Plants
1. Nursery products and plants must be propagated by the vendor from plugs, seed, cuttings,
bulbs or plant divisions and sold in standard, non-decorative nursery containers. When
non-traditional containers are appropriate, such as Bonsai dishes, succulent dishes,
baskets, or planter boxes, the value of the container may not exceed the value of the
plant material.
2. Vendors who sell nursery products and plants are required by the State to obtain a nursery
license if annual sales exceed $250. More information can be obtained from ODA–
Plant Division. A photocopy of the vendor's nursery license is required at the time of
application.
3. It is strictly forbidden for a nursery vendor to sell a finished product purchased from
another grower.
4. Nursery vendors may not sell hardware such as plant stands, ornamental decorations,
hangers, stakes or trellises. It is also prohibited for plant vendors to sell fertilizers or other
nutritional supplements for their plants.
Bakery, Prepared Food & Value Added Food Products
1. Bakery Products must be made locally, from scratch, from quality ingredients.
2. Prepared Food must be manufactured in the Northwest, from raw ingredients, and done
under the direction of the owner. The owner is not required to raise any of the raw
ingredients. Priority consideration will be given to processed food products containing
locally grown ingredients.
3. Value Added Products are processed food products whose main ingredients are raised
by the farmer.
4. All value added and prepared food products must be made and handled in accordance with
the ODA Farmers' Market Guidelines.These guidelines are located in the appendix
section of this book.
5. The Market may, at its discretion, limit the number of prepared, processed or
value added food products in the market.
6. Vendors will be required to submit a complete list of products at the time they
make application.
7. Additions to that product list must approved by the Market Manager.
8. Products will be re-evaluated every year.
Dairy Products
All dairy products such as butter, milk, cheese and ice cream must be free of rBGH.
Coffee
All roasted beans or brewed coffee must be made from from documented Fair Trade beans.
Meats– Including but not limited to Beef, Pork, Lamb, Chicken, Turkey, Buffalo, Rabbit,
—Game Meats'', Cured and/or Processed Meats.
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Livestock Producers
1. Livestock must be raised and processed in the Northwest.
2. Livestock must be farm raised under the control of the vendor and not finished in feedlots.
Tigard Area Farmers Market defines a feedlot as a confined feeding operation where a vendor's
livestock would be sent for —finishing° prior to processing.
3. Vendors who sell meat products are required by the State to obtain a Meat Sellers or
equivalent license. More information may be obtained from ODA– Food Safety Division.
4. All livestock claims (free range, natural, pastured, cage free, etc.) must be clearly
identified in a vendor's space and be approved in advance by the Market Manager.
5. All meat products sold at the Tigard Area Farmers Market must be processed and labeled in
accordance with USDA FSIS guidelines.—Game° meats and species that do not fall under the
jurisdiction of the USDA must comply with ODA& FDA guidelines regarding their processing and
labeling.
6. Raw meat products must be displayed and stored in accordance with ODA food safety
guidelines at all times. Meat temperatures must be maintained at or below 41 degrees.
7. Vendors will be required to submit a complete product list of all species intended for sale
with their annual application. In addition, vendors will be required to submit a —Meat, Poultry
and Egg Survey° which will be sent to applicants upon receipt of their application.
8. Additions to the vendor's product list must be approved by the Market Manager prior to sale.
9. Products will be re-evaluated every year.
10. No sub-therapeutic antibiotics and no added growth promoters of any kind may be used in
the production of vendors livestock
Cured, Processed & Value Added Meat Producers
1. Cured and Processed Meat products must be manufactured in the Northwest, from raw
ingredients, and done under the direction of the owner. The owner is not required to raise
any of the raw ingredients. Priority consideration will be given to cured and processed
meat products containing locally grown ingredients.
2. Value Added Products are processed meat products whose main ingredients are raised
by the farmer/rancher.
3. Cured, Processed &Value Added Meat Products must be produced and handled in
accordance with USDA, FDA and ODA guidelines.
4. Cured, Processed &Value Added Meat Products must be displayed and stored in
accordance with ODA food safety guidelines at all times. Meat temperatures must be
maintained at or below 41 degrees.
5. All Livestock Claims must be clearly identified in a vendor's space and be approved
in advance by the Market Manager.
6. Vendors will be required to submit a complete list of products with their annual application.
7. Additions to that product list must be approved by the Market Manager prior to sale.
8. Products will be re-evaluated every year.
9. No sub-therapeutic antibiotics and no added growth promoters of any kind may be used
in the production of the meat used in vendor's products
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Tigard Farmers Market Vendor Handbook 2016
Eggs
1. All eggs must come from chickens raised by the vendor. Vendors are not allowed to sell
eggs raised on farms other than their own.
2. All chickens must have daily access to pasture. We do not allow eggs from chickens raised
in battery cages, confined coops or enclosed buildings.
3. Farmers are not required to have an Egg Handler's license to sell their eggs directly to
the consumer at a farmers market.
4. Egg temperatures must be maintained at or below 41 degrees while being displayed or
held in ice chests.
Fish & Shellfish
All seafood must be raised or caught in Oregon or Washington waters.
Wild Mushrooms
1. Any vendor approved to sell wild mushrooms will submit a daily log sheet of mushrooms sold
at the market which contains both the scientific names and the common names of those
mushrooms, as well as the location where they were collected.
2. Wild mushroom collectors are also required to provide a copy of the collection permit
obtained either from the U.S. Forestry Service (Mushroom Permit) or the Oregon Dept. of
Forestry (Special Forest Products Permit), depending upon where the mushrooms are collected.
Non-Food Agricultural Products
The Market may allow some non-food agricultural products such as wool, goat's milk soap,
lavender wands or beeswax candles. All non-food agricultural products must be handcrafted or
processed by the vendor. The vendor must have grown or produced the main ingredient in the
category item such as the goat's milk for the soap, or the beeswax for the candles.These
products must be approved in advance by the Market Manager.
Product Exclusivity
The Market does not guarantee any vendor the exclusive right to sell any one product. The
customer often benefits from having multiple vendors selling the same product. The market
will determine when a product category is adequately represented and make the decision to
deny applications for vendors with similar products. The product mix in the market as a whole,
as well as customer demand, will serve as important factors in determining how many vendors
will be allowed to sell similar items.
FOOD AND BEVERAGES TO BE CONSUMED ON THE MARKET PREMISES
The TAFM limits the number of food vendors at the market at any one given time. We have a
number of planned spaces for food, the remaining spaces are designated for growers and
artisan food producers.This is in keeping with the Market's main objective --- to bring fresh,
locally grown plants and produce to the consumer. We do, however, feel that it is important to
have delicious, prepared from scratch, authentic food for our customers to enjoy while they are
shopping at the Market.
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Evaluation Criteria
Food to be consumed on premises will be evaluated on the following criteria:
• Ethnic food must be authentic in style and preparation.
• Typical carnival style foods will not be considered.
• All foods must be made from scratch.
• Priority will be given to products containing raw ingredients produced by the vendor,
or a vendor in the market.
• New foods must be distinctly different from foods already represented in the market.
• Food booths are to specialize in a small selection of unique and well crafted menu
items.
You may mail your proposal to:
Tigard Farmers Market
PO Box 230421
Tigard, OR 97281
Once accepted, a food vendor will be required to submit copies of the following
documentation:
1. Temporary-For-Profit Restaurant License obtained from Washington County Environmental
Health Dept. at 503-648-8722.
2. Food Handler's License for at least one employee who will be in the booth at all times. This is
obtained from Washington County Environmental Health Department.
3. Certificate of Product Liability Insurance listing the Tigard Area Farmers Market as an
additional insured.
SUNDAY MARKET VENDOR OBLIGATIONS
Vendor Parking
1. Vendors and their employees will park in the designated parking areas.
2. A vendor parking lot will be designated before the market opens.
3. Vendors are expected to comply with the City parking codes, including but not limited to, the
following:
• Vehicles over 6'tall may not park within 50'of an intersection.
• Vendors may not line up and block traffic while waiting to get into the market at the
end of the day.
4. Vendors are responsible for making sure that their employees or representatives are aware
of the rules regarding vendor parking.
Signage
1. Each vendor will post a sign which must be a minimum of 1111X 1711, with letters at least 311
high, identifying the name and location of the producer represented.
2. Signage regarding the use of the word —organic11 must comply with
the federal and state statutes regarding the use of this word.
3. Organic vendors must post a copy of their certification in their booth.
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Tigard Farmers Market Vendor Handbook 2016
8. Selling before the opening bell of the Market is strictly forbidden unless permission is
obtained from the Market Manager.
9. All scales used for weighing customer goods must be certified by the Oregon Dept.
of Agriculture, Measurement Standards. Scales must be licensed annually.
10. Fire Department regulations require any vendor with a canopy covering of 200 sq. ft. or
more, to have a 2A1OBC fire extinguisher in the booth. A canopy of 500— 1000 sq. ft. requires
two 2A1OBC extinguishers.
12. All vendors selling at the Market are required to provide the Market with proof of liability
insurance, naming the TAFM as an additional insured.
13. All vendors must comply with the ODA Farmers' Market Guidelines (see the appendix
section in this book).
14. Playing of radios or CDs inside the Market must be low enough that it cannot be heard from
outside your booth. If complaints from vendors or customers, vendor will be asked to turn off
music.
15. Vendors may be fined, suspended, or removed from the Market, or have selling privileges
revoked for failure to obey or conform to market, federal, state or local regulations.
Rules of Conduct
1. Vendors shall be honest and conduct themselves at all times in a courteous and business-like
manner. Rude, abusive, offensive or other disruptive conduct will not be permitted.
2. To maintain a positive atmosphere, vendors should bring concerns about the Market to the
staff, vendor representatives, or Market Advisory Committee, not to
customers or other vendors.
3. Vendors who wish to smoke must leave the Market grounds to do so.
4. No loud hawking, shouting or barking is allowed. This is defined as selling one's wares in an
aggressive manner, such as calling out to a shopper as they pass by one's stall or standing
outside one's stall to attract customers.
5. Vendors are responsible for the actions of their employees.
Vendor Support for Promotional Activities
The Market sponsors many events and special programs throughout the season. Through these
activities the TAFM generates media and consumer interest for the Market, its vendors and
their products. We expect vendors to support these efforts by donating products and/or
expertise where appropriate.
Health and Wellness Corner
Vendors for the Health and Wellness Corner will sign up through the Market Manager. The
space fee is$40 for 10x10 space. Approved vendors are required to provide their own tent,
weights, tables and supplies needed for their booth. They are required to follow vendor space
regulations.
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Tigard Farmers Market Vendor Handbook 2016
Local Complementing Business Booths
There is a limited number of spaces available for local businesses that are complementing the
TFM mission. These vendors will be approved by the Market Manager. They are required to
follow the same vendor space requirements and responsibility. Their space fee is $40 per week
and 10x10 space fee.
WIC Farm Direct Nutrition Program, Senior Farm Direct Nutrition Program and
WIC Fruit & Veggie Voucher Program
1. The TAFM participates in these programs and requires all qualifying vendors to participate.
2. For application or eligibility questions call ODA—Agriculture Development and Marketing
office at 503-872-6600.
SNAP/ CREDIT/ DEBIT/TOKEN PROGRAM
• All vendors are required to participate in the token program.
• All tokens have the TAFM logo on one side. Make sure that you are taking tokens from
our market. There is no expiration date on the tokens so they are good indefinitely.
• Vendors may not charge a transaction surcharge if customers pay for purchases with
tokens.
• Vendors may not post signs for the purpose of discouraging customers from making
purchases with tokens.
SNAP- Supplemental Nutrition Program
SNAP customers may purchase tokens at the Market Token Booth using their EBT cards.
Vendor rules for the redemption of tokens:
• No change can be given for these tokens.
• These tokens come in $1 denominations. They are green in color
• It is illegal to charge an SNAP customer more than non SNAP customers.
You may not charge a token surcharge to SNAP customers.
• SNAP customers are to be treated with the same respect and quality of service as any
other customer
SNAP TOKENS CAN BE USED for all food intended to be eaten at home. This includes non-
alcoholic beverages, snack foods, soft drinks, candy and ice.
SNAP TOKENS CAN NOT BE USED for alcoholic beverages, foods that are hot at the point of sale,
foods to be eaten on site, pet foods, non-food items.
CREDIT AND DEBIT TOKENS
Credit and debit customers may purchase tokens at the Market Token Booth.
• Tokens come in $5 denominations and are red. They say Credit and Debit.
• Tokens can be used for any and all products in the Market. They are just like cash.
• You may not use the $1 EBT tokens as change for a credit/debit transaction.
• You must give cash back for credit and debit tokens.
• If you currently take credit cards you are welcome to continue to do so. You may even
want to tactfully tell your customers that you prefer to deal directly with their credit
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Tigard Farmers Market Vendor Handbook 2016
purchases. However, if you are offered tokens you are required to take them,just like
any other vendor.
Token Redemption
Tokens may be turned in at the Market Information Booth each week before 1:15pm. Tokens
must be turned in at least once a month. The Market cuts checks once a week and will be
handed out at the next market or mailed. If you have any unpaid fees your token
reimbursement will go towards those first. Market tokens cannot be used to pay booth fees.
ENFORCEMENT
All rules of the Market will be enforced by the Market Manager, who has the ultimate on-site
authority. If a vendor does not abide by any rule of the Market, the Market Manager has the
discretion to impose a penalty, which may include a written warning, monetary fine and/or
suspension from the Market.
Customer Complaints
Customer complaints will be forwarded to vendors and kept on file each season. Complaints
may result in disciplinary action including removal from the market. The market information
booth will keep a complaint form at their booth.
Disputes Between A Vendor And The Market Manager
1. Disputes between a vendor and the Market Manager or crew will be resolved by an appeals
committee.
2. The appeals committee shall consist of three members, one of whom shall be a
representative of the vendors.
3. Members of this committee will be appointed by market staff.
4. Disputes shall be presented in writing to the three member committee.
5. Agreement by two members of the appeals committee shall constitute a final decision;
both the vendor and the Market Manager will be notified immediately.
6. All disputes and their resolutions shall be made record of at the next regular meeting of the
advisory committee.
Product Challenge—
1. It is the intent of the Market to offer customers fresh, high quality farm direct products.
Products offered for sale may be challenged by any vendor, customer, Market Manager.
Challenges may be made for poor quality or for misrepresentation of product.
2. Any challenge must be signed by the person bringing the challenge and supported by
verbal or physical evidence of the offense. A challenge may be made only on the day
violation is observed; challenges alleging wrongdoing on past occasions will not be accepted.
3. The written challenge will be immediately delivered by the Market Manager upon
acceptance. The Market Manager will conduct such investigation as conditions permit upon
delivery of the challenge.
4. Prior to the next Market day following a challenge, the Market Manager and two board
members will issue a written determination of the challenge and impose sanctions upon a
finding that a violation has occurred. If found in violation a vendor may be fined, suspended or
removed from the Market at the Market Board's discretion.
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Tigard Farmers Market Vendor Handbook 2016
"ON THE SPOT"VENDOR CHECKS
1. The Market Manager will conduct periodic On the Spot Vendor Checks. The checks are a
—quickll assessment of the vendor's compliance with rules that the market considers of
particular importance.
2. There will be a $10 penalty for each item found to be in violation, payable to the market
immediately upon presentation of completed inspection.
Food/ Produce Violations
• Hand washing station not present and ready for use
• Employee not present in the booth with a food handlers card (if applicable)
• Food not off of the ground at least 6 inches or in impervious plastic tubs
• Samples are not being handled according to ODA Guidelines General Violations
• Licenses and certifications not up to date for all applicable products
• Each canopy leg is not secured with weights
• Booth is not set up with regard for public safety. All components of the booth are
contained within the boundaries of the booth
• Improper booth signage
• Organic certification not posted
• Prices of products are not clearly and accurately posted
• Fire extinguishers not present (if applicable)
• Planters and sidewalks contains vendor's product, boxes,garbage etc.
• Improper use of scale with a current certification
• Selling before the opening bell without specific permission from the Market Manager.
• Failure to remove all refuse and/or unsold products from the Market premises. The
Market dumpsters are for public trash only!
• Failure to pick up the litter and sweep stall space at the end of the day.
• Product check—all products in a vendor's booth will be checked against the vendor's
application. Any product for sale which is not listed on application, and approved by the
market, must be pulled from booth. A$10 per item will fine will be assessed.
• Second Farm violations result in a $100 fee do you mean fine and product must be
pulled from booth
• Vendor and employees must be parked in places designated for employee parking.
There will be a $10 per vehicle penalty for improperly parked vehicles.
THE TIGARD FARMERS MARKET INCLEMENT WEATHER POLICY
The TAM has a general policy of staying open in inclement weather unless the Market
Managers determines that the situation poses a threat to vendors or customers. Staff will work
with vendors for best course of action.
High Winds
All vendors are required to weight down their canopies with adequate weight to keep it on the
ground. Canopies must be weighted on all four corners. There is a $100 fine to the vendor for a
canopy that lifts off the ground.The Market Manager may require canopies to be taken down
that are at risk for taking flight either due to inadequate weights or high winds.
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Tigard Farmers Market Vendor Handbook 2016
LIGHTNING POLICY
In the case of lightning, an immediate response is recommended:
Vendors
• Those with vehicles in the market should get into them. Avoid touching the metal
frame of the vehicle.
• All vendors with electrical equipment should unplug it at the first sign of lightning and
step away from the appliance.
Customers and Vendors
• Try to get a safe distance from light posts or trees
• It is best to go inside of a regularly occupied building such as the community room.
THE TIGARD FARMERS MARKET AS A SUSTAINABLE EVENT
The customers that shop at the Market come to buy locally grown and produced agricultural
products, and to feel good about participating in a more sustainable food system.The
responsibility for implementing sustainable practices falls to all of us in the market community,
not just to our farmers. For that reason, the Tigard Farmers Market has made a commitment to
work towards becoming a more earth friendly event. In a sustainable food system, it's not only
the food that's important, but also how it is packaged and carried home. We are asking that
you try to use more earth friendly packaging and service ware. Please contact our Market
Manager for a list of suppliers who carry biodegradable, compostable and recyclable products.
VENDOR LICENSING
Vendor licensing as well as copies of any permits and licenses applicable to the sale of their
products will be required. Vendors are responsible for complying with State and local licensing
requirements governing the sale and production of their products. Failure at any time to
conform to local, State or Federal requirements can be grounds for removal from the Market
and forfeiture of space fees. A list of contact information for governmental agencies is located
in the appendix section of this book.
REQUIREMENTS
Proof of Liability Insurance
All vendors selling at the Market are required to provide the Market with proof of liability
insurance naming the TFM as the additional insured.
Native American Vendors
1. The treaty rights of Native American vendors allow them to sell product without licensing.
2. The vendor's tribal identification card will need to be submitted with the application to
confirm Native American status.
Apple Cider
1. If you make your own cider, a Food Processor's License from ODA Food Safety is required.
2. If your cider is made by a processor other than yourself, a Retail Food Establishment
License is required.This is available from ODA Food Safety.
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Tigard Farmers Market Vendor Handbook 2016
Wine and Beer
1. SEW (Special Event Winery Permit) or Multiple Location License from OLCC.
-OR- SEG (Special Event Growers Permit) -OR-SEB/PH (Special Event Brewers and
Public house Permit)
2. OLCC service permit for all employees working the market.
Wild Mushrooms
1. Wild mushroom collectors are required to provide a copy of the collection permit obtained
either from the U.S. Forestry Service (Mushroom Permit) or the Oregon Dept. of Forestry
(Special Forest Products Permit), depending upon where the mushrooms are collected.
INFORMATION FOR NEW AND WEEKLY VENDORS
What to Bring on Market Day
1. Your space number and map—write down your space number when you receive your
assignment. Bring a market map to help you locate the space.
2. Your space fee
3. Your products
4. Canopy
5. Canopy weights sufficient enough to hold your canopy in place
6. Tables, tablecloths, racks and/or shelves and other display equipment
7. Signage—you must bring a sign telling customers the name and location of your business. All
of your products must have their prices clearly signed.
8. Plastic and/or paper bags, boxes, flats for customer purchases
9. Broom and dustpan for clean up
10. A certified scale (if appropriate)
11. Cash box and plenty of change
12. Promotional materials and business cards
13. Hand washing station and appropriate supplies if you are sampling (see ODA guidelines in
the appendix section of this book)
14. Trash cans (you must take your garbage with you at the end of the day)
15. Pens, pencils, chalk, markers, calculators
16. Personal comfort items such as hats, scarves and drinking water
17. Smiles!
Other Important Things to Remember
1. Spaces are based off the map provided.
2.The morning set-up time is very congested. There are a lot of vehicles that need to be
moved in and out of the market in a short period of time. Vendors need to arrive and quickly
unload the parts and contents of their booth, move their vehicle to the designated parking
area, then return to their booth to set up. Do not set-up as you unload --this is time consuming
and your vehicle may be blocking another vendor's access to their space.
3. You and your employees must park in the designated vendor parking lot.
4. Check out the Market in advance so you can see what a typical Tigard Market day is like.
Being familiar with the Market before you arrive will make your set-up go more smoothly.
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Tigard Farmers Market Vendor Handbook 2016
5. Practice setting your booth up at home! Work out all the logistics before you come to
the Market. We can't stress this enough! Do not come to market and try to put up your canopy
for the first time- it can be very frustrating! Practice in advance -- this will help your first real
market day to run smooth and be less stressful.
6. Weekly space fees will be paid to the Market Manager, at the Market Information Booth,
between 12:00 p.m. and 1:15 p.m. on Market day.
CONTACT INFORMATION FOR GOVERNMENT AGENCIES
The following information is provided to aid vendors in complying with regulations
concerning their product. It is not a comprehensive list and vendors should contact the
appropriate State agency for more detailed information. Whenever a specific agency is
not mentioned below, as in the case of most produce and food items, the contact is:
Oregon Department of Agriculture,
Food Safety Division
635 Capitol St., N.E.
Salem, OR 97301-2532
(503) 986-4720 phone
(503) 986-4729 fax
www.oda.state.or.us
Oregon Department of Agriculture,
Plant Division
635 Capitol St., N.E.
Salem, OR 97301-2532
(503) 986-4644 phone
(503) 986-4786 fax
www.oda.state.or.us
Oregon Department of Agriculture,
Measurement Standards
635 Capitol St., N.E.
Salem, OR 97301-2532
(503) 986-4670 phone
(503) 986-4784 fax
www.oda.state.or.us
List of ODA Food Safety Specialists
www.oregonfarmersmarkets.org
ODA License Database
(various ODA divisions)
www.oda.state.or.us/dbs/search.lasso
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Oregon Department of Human Services
800 N.E. Oregon St.
Portland, OR 97232
(503) 731-4012 phone
www.ohd.hr.state.or.us
Mt. Hood National Forest Headquarters 16400 Champion Way Sandy, Oregon 97055 (503) 668
1700
http://www.fs.usda.gov/main/mthood/passes-permits/forestproducts
Oregon Department of Forestry 2600 State St. Salem, Oregon 97310
Phone: 503-945-7200
http://www.oregon.gov/ODF/about_us.shtml
Washington County Department of
Health & Human Services
155 N. First Avenue, Suite 170
Hillsboro, OR 97124
(503) 846-8722 phone
www.co.washington.or.us/deptmts/hhs/health.htm
Women, Infants & Children Coupon Program (WIC)
www.dhs.state.or.us/publichealth/wic/countyinfo.cfm
Oregon Tilth
(Organic Certification)
260 SW Madison Ave. Suite 106
Corvallis, OR 97333
(503) 378-0690 phone
Toll free number : 877-378-0690
www.tilth.org
Oregon Liquor Control Commission (OLCC)
9079 S.E. McLoughlin Blvd.
Milwaukie, OR 97222
(503) 872-5000 phone
www.olcc.state.or.us
Information for Market Customers,
Vendors and Managers/ Boards
www.oregonfarmersmarkets.org
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Oregon Farmers Market Association
Information for Market Customers, Vendors and Managers/ Boards
www.oregonfarmersmarkets.org
INFORMATION REGARDING LABELING AND PACKAGING OF AGRICULTURAL PRODUCTS
Most of these statutes were implemented in order to allow the ODA to trace food born
illnesses resulting from the consumption of the product in the boxes, as well as a desire to
promote —truth in advertising regarding the origin of the product, particularly in retail
situations. (This is a partial representation of the statutes.) This information has been approved
by:
Jim Cramer - Division administrator of Commodity Inspection, and Ron McKay - Division
administrator of ODA Food Safety
632.456
Used packages or containers It is unlawful to sell or offer for sale or to transport or offer for
transportation, horticultural products in used packages or containers unless such used packages
or containers are first cleaned of all foreign matter and substances, an unless all previous
markings, brands, grade markings, labels, trademarks, names and addresses are entirely
removed or so defaced as to destroy their legibility, or by turning such container inside out. This
section does not apply to transportation from the owner's fields to a warehouse for storage or
grading and packing, or to processing plants. Ron McKay explains: This section applies to
product, e.g. berries, where the product would be sold in a box or flat for the customer to take
home. The box must accurately reflect the name of the grower, product name, etc. If the
berries were transported to Market in a used box, but the box was not given to the customer it
wouldn't matter if the box had someone else's name on it. It is also O.K. to use a box from a
totally different type of produce to transport and sell a product, for example, you can bring
your tomatoes to Market in a banana box because there is no chance that someone will
confuse the product in the box with the producer listed on the outside. That is, as long as the
company listed on the box does not have a problem with it. If Dole complained about a vendor
using their boxes to sell another product ODA might stop the vendor from using Dole boxes.
Regarding egg cartons: Clean egg cartons may be reused as long as the name, date and grade is
correctly indicated on the carton. The old farm name and product information must be
obliterated.
632.470
False representations as to raising, production or packing. No person, by means of any false
representation, either verbal, printed or written, shall represent or pretend that horticultural
products were raised, produced or packaged by any person, or in any locality other than by the
person, or in any locality where the same were in fact raised, produced or packed.
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632.475
Possession of unlabeled,falsely labeled or deceptively labeled packed products. No
person shall have in possession for sale or transportation any horticultural products not labeled
as required in ORS 632.450 to 632.485, or falsely marked or labeled, or deceptively packed
contrary to the provisions of ORS 632.450 to 632.485.
632.480
Shipment or sale of deceptive pack, load or display prohibited. No person shall prepare,
deliver for shipment, ship, transport, offer for sale or sell a deceptive pack, or package, load,
arrangement or display of horticultural products. Basically what this legal gobbledy goop of
these last two sections mean is that, if you have a tote labeled with Hermiston melons in your
be Hermiston melons in the tote. If you advertise that your corn was raised by you, it had better
be the truth! If it was raised by someone else, you must truthfully advertise that fact. This is all
about truth in advertising!!
632.490
Labeling fruit or vegetables as Oregon grown or packed. All persons operating under their own
private brand in Oregon in the business of packing or canning fruit or vegetables, either fresh,
canned, evaporated or otherwise, shall plainly designate on such private brand that goods were
Oregon grown or packed in Oregon.
HIGHLIGHTS OF THE OREGON DEPARTMENT OF AGRICULTURE FARMERS' MARKETS
GUIDELINES
The Tigard Area Farmers Market requires all vendors to comply with the Farmers' Market
Guidelines established by the Oregon Dept. of Agriculture, Food Safety Division. Please make
yourself familiar with the Guidelines which appear in the appendix section of this book. The
following are highlights of those guidelines upon which the TAFM would like to
place particular emphasis:
1. Distribution of Samples
• The vendor should keep himself or herself and the selling area clean and neat in
appearance.
• Hands must be washed with soap and clean water before handling the food and after
using the toilet.
• All surfaces, equipment and utensils which come into contact with food must be easily
cleaned and non-toxic, easily cleaned and in good repair.
• Any vendor distributing samples must have a portable hand washing station at the
sample preparation site. On a temporary basis, the vendor may rent a hand washing
station from the market for a fee of$5, payable at time of use.
• Vendors should design their sampling setups to prevent customers from touching
samples other than the one they take.
• In addition to the ODA Guidelines, the TAFM requires all sampling to be done within
the boundaries of a vendor's booth. Vendors may not stand in the aisles to sample
product.
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2. Any vendor displaying perishable products in ice, must use a sufficient quantity of ice to
cover the product completely and keep it at 41 degrees or below.
3. All food stuffs in a vendors' booth must be elevated 611 off of the ground.
4. Processed foods are those that involve drying,juicing, cooking, baking, shelling, heating,
separating, extracting, grinding, churning, cutting, freezing, canning, etc require a food
processor's license from ODA. A photocopy of the kitchen certificate for these products must be
submitted to the market at the time of application.
5. Processing of fresh fish— heading and gutting may take place in a non-licensed facility such
as a fishing vessel; however, further processing must take place in an ODA licensed facility.
Fresh fish may be sold whole or cut into portions and wrapped. Fish that is vacuum packed
must be sold frozen. The selling of fresh, vacuum packed fish is prohibited by ODA.
6. All meat processing must meet ODA and USDA guidelines. Vacuum packed meat may be sold
fresh or frozen.
OREGON DEPARTMENT OF AGRICULTURE FARMERS' MARKETS GUIDELINES
Market Operation Requirements
Farmers' markets should make reasonable efforts to ensure that all vendors selling products
requiring licenses have obtained them and are maintaining those licenses. Each market
manager (or other responsible person designated by the organization operating the market)
should maintain a copy of vendor licenses or a record of the number of the license. Licenses are
listed on the ODA website and can be accessed using license numbers and/or other data
routinely furnished by vendors. (See contacts.) Market managers and other responsible persons
are not expected to be food safety experts, but they can help educate vendors about topics
related to food safety and encourage vendors to communicate with the appropriate licensing
authorities.
What Activities and Products are Licensed?
Many, but not all products sold at farmers' markets require licenses from the Food Safety
Division of ODA. Here is a list of products and their licensing requirements:
Fresh Fruits and Vegetables
No food safety-related license is required, but vendors should review handling and sampling
procedures in this publication. Device licenses issued by the Measurement Standards Division
are required for sales by weight.
Processed Foods
Baked goods, dairy products, jams,jellies, preserves, salsas, vinegars, oils, salad dressings,
frozen berries and cherries, dried herbs, and dehydrated fruits and vegetables are examples of
common farmers' market products that must be processed in a licensed facility. (See definitions
for a more complete list food processing activities.) Home kitchens that meet requirements
may be licensed as domestic kitchens for some food processing activities. Jams,jellies and
baked goods are often allowed under a domestic kitchen license, but dairy, meats and low-acid
canned goods are not allowed in domestic kitchens. Vendors should consult their ODA food
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safety specialist to make sure the products they plan to sell can be licensed in the facility they
intend to use.
Seafood
Licenses are required for many activities involving fish and shellfish. Oysters require a
shellfish shipper license. Most other types of seafood require either a processing license or a
retail food establishment license, depending on whether products are processed by sellers or
other licensed facilities. Live fish, shrimp and prawns are not part of ODA's jurisdiction.
Meat and Poultry
All vendors selling meat and poultry must have a license from ODA, and certain activities
require USDA inspection. All beef, pork, and lamb must originate in a USDA inspected slaughter
facility. Poultry processors of 20,000 or fewer birds per year are exempt from the USDA
inspection requirements if they raise, slaughter and sell their own product. USDA inspection
exemptions are complex, so producers should consult with ODA before starting such
operations.
Eggs
Eggs may be sold at market without an egg handler's license and without labeling, but
only by the farm that produces the eggs. All other eggs — even those produced by friends or
relatives on neighboring farms — must come from licensed facilities and comply with labeling
requirements.
Honey
Licenses generally are required to extract honey, but an exception is made for operations
with 20 or fewer hives. Honey in combs is not extracted and thus does not require a license.
Restaurant Foods/ Food Service
Foods prepared and sold at markets require a temporary restaurant license from the county
health department in the county where the food is served.This requirement does not include
samples and demonstrations discussed in the section below. NOTE: Vendors who cook any
product at a farmers' market must either make sure it qualifies as a sample or demonstration,
or must obtain a temporary restaurant license. (In some counties the Field Services Unit of the
State Office of Environmental Services & Consultation does the licensing on behalf of the
county.) County health department jurisdiction applies even if vendors of such foods also sell
products subject to licensing by ODA's
Food Safety Division.
Temporary restaurant vendors must have one person licensed as a food handler in the booth
during hours of operation. Chef/Cooking Demonstrations/Other Sampling Small samples of
cooked foods prepared at market may be offered free of charge to customers without obtaining
a temporary restaurant license, for promotional and educational purposes. (Please see the
definition of sampling.) All handling and sampling guidelines must be followed. Sample portions
must be small, since the purpose is not to circumvent laws governing food service. Similarly,
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water from melted ice. Other products sometimes used to keep food cold, such as blue ice
packs, are often not effective enough because they do not surround food products. Vendors
should carry a thermometer to monitor product temperatures of refrigerated foods. Live
seafood is not subject to this temperature rule. Live shellfish, for example, may be held at 45
degrees F.
Packaging Safely
Seafood can be sold smoked, frozen or fresh, but vendors must make sure they are using
appropriate packaging for their products. Here are some examples of handling concerns:
• Vacuum packaging is appropriate for smoked fish but not for fresh fish.
• Whole crab cooked in shells in a licensed facility can be sold on ice, but vendors should
provide a barrier to prevent customers from touching the product.
• Food packages should be in good condition and protect contents so that food is not
adulterated or contaminated.
• Fresh or frozen whole fish may be sold unpackaged on ice. Wrap or Cover
• Some products are not potentially hazardous but need extra protection because
customers cannot wash them. Baked goods are the most common example. Vendors
have two options: packaging these items in a licensed facility or selling from enclosed
bulk containers.Those who choose to sell from covered bulk containers must set up and
use a hand washing station and must follow procedures in these guidelines to avoid
contamination. Acceptable methods to remove food from covered bulk containers
include clean tongs or other utensils, single-use gloves, and wax paper sheets.
Off the Ground
Fresh fruits and vegetables and nuts in their shells can be displayed in open air.The only caveat
is that they must be stored off the ground. Vendors can accomplish this in a number of ways.
Many vendors use plastic tubs to transport and protect their produce. Empty crates or boxes
underneath the ones holding produce can do the job if impervious tubs are not available.The
only exception is for pumpkins or similarly large squash, which are often too bulky and
irregular to display off the ground. Vendors who sell products licensed by ODA should consult
with a food safety specialist about proper handling procedures for each licensed product.
Hand Washing
This section applies directly to anyone who prepares and serves samples at the market or who
handles bulk-dispensed (unwrapped) products other than produce and nuts in the shell. Hand
washing is an important task that many people do — or fail to do — without thinking.To
protect public health, farmers'market vendors, like workers in other food establishments, must
make a special effort. Here is what health authorities mean by hand washing: a cleaning
procedure of about 20 seconds that includes vigorous friction, for at least 10 to 15 seconds, on
the surfaces of lathered fingers, finger tips, areas between fingers, hands and portions of arms
exposed to direct food contact, followed by thorough rinsing under clean, running water.
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When Does the Requirement Apply?
Whenever vendors use the restroom, contact bodily fluids (sneezing or coughing into hands,
nose-blowing, etc.), touch animals, have soiled hands, or return to their work stations after
leaving for any reason. NOTE: A trip to the restroom or contact with bodily fluids requires two
hand washings—at the toilet facilities and again at the work station.
What About Hand Sanitizers and Moist Towelettes?
Vendors may use these products but not as a substitute for hand washing.
How About Single-Use Gloves?
Gloves do not eliminate the need for hand washing, although they may be helpful in some
circumstances to avoid bare handed contact with food. If used, they must be limited to a single
task and discarded when damaged or soiled or when tasks are interrupted. Non-latex gloves are
preferred because of allergy considerations and are required in temporary restaurant
operations.
What About Money Handling— Isn't It a Problem?
Not in the way that most people would expect. Research indicates that money handling is not a
danger in food establishments, but public opinion is another matter. This may be a case where
it is prudent for vendors to ignore science and structure their operations to please customers.
How Do Vendors Set Up A Hand Washing Station?
Vendors may find they already own many of the components, and the rest are available at
minimal cost. One key piece is an enclosed container that holds an adequate amount of water
for the duration of a market day. Water containers should have a spigot that can stay open to
allow a constant flow of water for two-handed washing. Such containers are available at stores
that sell camping supplies. Other required components include: water, soap, single-use paper
towels and some sort of catch basin for the wastewater.
Safe Sampling
Vendors who sell products licensed by ODA should consult with a food safety specialist before
sampling at markets. In addition to hand washing, there are other sampling procedures that will
protect vendors and their customers.
Start with Clean Food
Thoroughly rinse fruits and vegetables in potable water before cutting them. Vendors
should not use substances other than potable water unless they have made certain the
substances are approved to be used on food. Many soaps can actually make food less safe, and
bleach solutions are not recommended for this purpose.
Clean Tools
Use a clean cutting board and knife. Equipment and utensils must be easily cleanable and in
good condition. Materials must be impervious and free of cracks and crevices. Smooth
hardwood is acceptable for cutting boards. Utensils must be stored and covered to protect
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from contamination during transit to market and when not in use. Utensils can be stored
between uses in ice or in the product with handles above the top of the food but not in
sanitizing solution. Otherwise, clean and sanitize between uses. Food contact surfaces should
be cleaned with soap and water followed by an approved sanitizer, which is allowed to air dry
before use. Single-use paper towels can be used on food contact surfaces. If wiping cloths are
used, they must be sanitized and monitored as follows:
• Cloths must be stored in a sanitizing solution of an approved sanitizer at an acceptable
concentration.
• Sanitizer concentration for stored cloths must be checked throughout each day using
paper test strips.
Sanitizers
Household bleach may be used at a concentration of one tablespoon per gallon of lukewarm
water, which equals 100 parts per million. (Quaternary ammonium compounds are mixed at
200 parts per million.) Do not assume that —more is better.II Bleach concentration cannot be
allowed to fall below 50 parts per million. Sanitizers exposed to air lose concentration over
time, while spray bottles hold concentration for extended periods.
Protection
Samples must be covered to protect them from insects, dust and other contaminants
when they are not actively being sampled by customers. Vendors should design their sampling
setups to prevent customers from touching samples other than the one they take. Close
supervision of customers tasting samples is critical, especially when children are sampling.
Toothpicks are helpful but not error-free. Sticking one in each sample, as time permits, can help
discourage reuse.
Extra care is required in sampling potentially hazardous foods. Sampling is an exception to the
rule that potentially hazardous foods are packaged in an ODA licensed facility and stay
packaged until they reach consumers' homes. Temporary restaurants, which follow rules on
which these sampling guidelines are based, are another exception. Cook all potentially
hazardous foods at approved temperatures for the required duration. Samples of potentially
hazardous foods must be discarded after two hours out of refrigeration. Vendors who portion
or otherwise prepare samples in a licensed facility rather than at market should keep the
samples refrigerated while in transport in the same manner as the packaged product. If samples
of potentially hazardous foods are portioned or cooked at market, remove from packaging and
refrigerate only what is needed to prepare each batch of samples.
Cross-Contamination
Vendors should strictly segregate the foods handled at market to ensure that there is no cross-
contamination of foods — particularly raw meat, poultry or seafood and ready-to-eat foods.
Those who sample meats, poultry or seafood and fruits or vegetables in the same stall should
use separate cutting boards, knives, wiping cloths, sanitizer buckets, etc. Clean and sanitize all
equipment associated with raw meats, etc., immediately after preparing these foods, to avoid
inadvertent contact. Cross contamination also can involve two different kinds of raw meat,
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poultry or seafood. Separate equipment is not necessary to sample two kinds of meat, but
vendors should clean and sanitize all equipment between uses.
ADDITIONAL GUIDELINES FOR MARKETS AND VENDORS
Animals
Vendor animals must be kept a minimum of 20 feet from any food handling, display or storage.
Customer animals are allowed, but it is recommended that markets require that animals be
kept on leashes.
Toilet Facilities
Farmers' markets must have toilet facilities conveniently located to the market. Appropriate
hand washing facilities (hand wash stations like those used in market stalls or permanent
facilities that meet or exceed standards for temporary washing facilities) must be located in or
near toilet facilities.
Waste Water
Waste water must be disposed of in an approved manner, which includes approved plumbing.
Vendors should not dump waste water in storm water drains. Reasonably clean waste water
can be used to water plants.
DEFINITIONS
Food Processing Cooking, baking, heating, drying, mixing, grinding, churning, separating,
extracting, cutting, freezing or otherwise manufacturing a food or changing the physical
characteristics of a food; and the packaging, canning or otherwise enclosing of such food in a
container; but not the sorting, cleaning or water rinsing of vegetables.
• Drying includes the drying of herbs by mechanical means.
• Extracting includes shelling.
• Cutting does not include the harvesting of leaf greens for sale as produce.
Sampling
A food product promotion, where only a sample of a food (or foods) is offered free of charge to
demonstrate its characteristics, is exempt from licensing. A sample cannot be a whole meal, an
individual hot dish or a whole sandwich.
Potentially Hazardous Food
(a) —Potentially hazardous foodil means a food that is natural or synthetic and that requires
temperature control because it is in a form capable of supporting:
• The rapid and progressive growth of infectious or toxigenic microorganisms;
• The growth and toxin production of Clostridium botulinum; or
• In raw shell eggs, the growth of Salmonella Enteritdis
(b) —Potentially hazardous foodjj includes an animal food (a food of animal origin) that is raw
or heat-treated; a food of plant origin that is heat-treated or consists of raw seed sprouts; cut
melons; unpasteurized juices; and garlic-in-oil mixtures that are not modified in a way that
results in mixtures that do not support growth as specified under Subparagraph (a) of this
definition.
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(c) —Potentially hazardous foodli does not include:
• An air-cooled hard-boiled egg with shell intact;
• A food with an aw value of 0.85 or less;
• A food with a pH level of 4.6 or below when measured 24°C (75°F);
• A food, in an unopened hermetically sealed container,that is commercially
processed to achieve and maintain commercial sterility under conditions of
nonrefrigerated storage and distribution;
• A food for which laboratory evidence demonstrates that the rapid and progressive
growth of infectious or toxigenic microorganisms or the growth of S. Enteritidis in eggs
or C. botulinum cannot occur, such as a food that has an aw and a pH that are above the
levels specified under Subpara graphs (c) (ii) and (iii) of this definition and that may
contain a preservative, other barrier to the growth of microorganisms, or a combination
of barriers that inhibit the growth of microorganisms; or
• A food that does not support the growth of microorganisms as specified under
Subparagraph (a) of this definition even though the food may contain an infectious or
toxigenic microorganism or chemical or physical contaminant at a level sufficient to
cause illness.
ORGANIC CERTIFICATION INFORMATION
Information obtained from —The National Organic ProgramII website www.ams.usda.gov/nop/
General Requirements
Production and handling operations seeking to receive or maintain organic certification must
comply with the Act and applicable organic production and handling regulations. Such
operations must establish, implement, and annually update an organic production or handling
system plan that is submitted to an accredited certifying agent.They must permit on-site
inspections by the certifying agent with complete access to the production or handling
operation, including non-certified production and handling areas, structures, and offices. As
discussed in subpart B, certified operations must maintain records concerning the production
and handling of agricultural products that are sold, labeled, or represented as "100 percent
organic," "organic," or "made with organic (specified ingredients or food group(s))" sufficient to
demonstrate compliance with the Act and regulations. Records applicable to the organic
operation must be maintained for not less than 5 years beyond their creation. Authorized
representatives of the Secretary, the applicable State organic program's(SOP)governing State
official, and the certifying agent must be allowed access to the operation's records during
normal business hours. Access to the operation's records will be for the purpose of reviewing
and copying the records to determine compliance with the Act and regulations. Certified
operations are required to immediately notify the certifying agent concerning any application,
including drift, of a prohibited substance to any field, production unit, site, facility, livestock, or
product that is part of the organic operation.They must also immediately notify the certifying
agent concerning any change in a certified operation or any portion of a certified operation that
may affect its compliance with the Act and regulations.
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Certification Process
To obtain certification, a producer or handler must submit an application for certification to an
accredited certifying agent. The application must contain descriptive information about the
applicant's business, an organic production and handling system plan, information concerning
any previous business applications for certification, and any other information necessary to
determine compliance with the Act. Applicants for certification and certified operations must
submit the applicable fees charged by the certifying agent. An applicant may withdraw its
application at anytime. An applicant who withdraws its application will be liable for the costs of
services provided up to the time of withdrawal of the application. The certifying agent will
decide whether to accept the applicant's application for certification. A certifying agent must
accept all production and handling applications that fall within its area(s) of accreditation and
certify all qualified applicants to the extent of its administrative capacity to do so. In other
words, a certifying agent may decline to accept an application for certification when the
certifying agent is not accredited for the area to be certified or when the certifying agent lacks
the resources to perform the certification. However, the certifying agent may not decline to
accept an application on the basis of race, color, national origin, gender, religion, age, disability,
political beliefs, sexual orientation, or marital or family status.
Upon acceptance of an application for certification, a certifying agent will review the
application to ensure completeness and to determine whether the applicant appears to comply
or may be able to comply with the applicable production or handling regulations. As part of its
review, the certifying agent will verify that an applicant has submitted documentation to
support the correction of any non-compliances identified in a previously received notification of
non-compliance or denial of certification. We anticipate that at a future date the certifying
agent will also review any available U.S Department of Agriculture (USDA) data on production
and handling operations for information concerning the applicant. We anticipate using data
collected from certifying agents to establish and maintain a password-protected Internet
database only available to accredited certifying agents and USDA. This database would include
data on production and handling operations issued a notification of non-compliance, non-
compliance correction, denial of certification, certification, proposed suspension or revocation
of certification, and suspension or revocation of certification. Certifying agents would use this
Internet database during their review of an application for certification. This data will not be
available to the general public because much of the data would involve ongoing compliance
issues inappropriate for release prior to a final determination. After a complete review of the
application, which shall be conducted within a reasonable time, the certifying agent will
communicate its findings to the applicant. If the review of the application reveals that the
applicant may be in compliance with the applicable production or handling regulations, the
certifying agent will schedule an on-site inspection of the applicant's operation to determine
whether the applicant qualifies for certification. The initial on-site inspection must be
conducted within a reasonable time following a determination that the applicant appears to
comply or may be able to comply with the requirements for certification. The initial inspection
may be delayed for up to 6 months to comply with the requirement that the inspection be
conducted when the land, facilities, and activities that demonstrate compliance or capacity to
comply can be observed. The certifying agent will conduct an initial on-site inspection of each
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production unit, facility, and site that produces or handles organic products and that is included
in the applicant's operation. As a benchmark, certifying agents should follow auditing guidelines
prescribed by the International Organization for Standardization Guide 10011-1, "Guidelines for
auditing quality systems- Part 1: Auditing" (ISO Guide 10011-1).The certifying agent will use
the on-site inspection in determining whether to approve the request for certification and to
verify the operation's compliance or capability to comply with the Act and regulations.
Certifying agents will conduct on-site inspections when an authorized representative of the
operation who is knowledgeable about the operation is present. An on-site inspection must
also be conducted when land, facilities, and activities that demonstrate the operation's
compliance with or capability to comply with the applicable production or handling regulations
can be observed.The on-site inspection must verify that the information provided to the
certifying agent accurately reflects the practices used or to be used by the applicant or certified
operation and that prohibited substances have not been and are not being applied to the
operation. Certifying agents may use the collection and testing of soil; water; waste; plant
tissue; and plant, animal, and processed products samples as tools in accomplishing this
verification. The inspector will conduct an exit interview with an authorized representative of
the operation who is knowledgeable about the inspected operation to confirm the accuracy
and completeness of inspection observations and information gathered during the on-site
inspection. The main purpose of this exit interview is to present the inspection observations to
those in charge of the firm in such a manner so as to ensure they clearly understand the results
of the inspection.The firm is not required to volunteer any information during the exit
interview but would be required to respond to questions or requests for additional information.
The inspector will raise and discuss during the exit interview any known issues of concern,
taking into account their perceived significance. As a general rule, the inspector will not make
recommendations for improvements to the operation during the exit interview. However, the
certifying agent will have the discretion to decide the extent to which an inspector may discuss
any compliance issue. At the time of the inspection, the inspector shall provide the operation's
authorized representative with a receipt for any samples taken by the inspector.There shall be
no charge to the inspector for the samples taken.The certifying agent shall, within a reasonable
time, provide the inspected operation with a copy of the on-site inspection report, as approved
by the certifying agent, for any on-site inspection performed and provide the operation with a
copy of the test results for any samples taken by an inspector. Notification of Approval A
certifying agent will review the on-site inspection report,the results of any analyses for
substances, and any additional information provided by the applicant within a reasonable time
after completion of the initial on-site inspection.The certifying agent will grant certification
upon making two determinations: (1)that the applicant's operation, including its organic
system plan and all procedures and activities, is in compliance with the Act and regulations and
(2) that the applicant is able to conduct accordance with its organic systems plan. Upon
determining the applicant's compliance and ability to comply, the agent will grant certification
and issue a "certificate of organic operation."The certification may include requirements for
the correction of minor non-compliances within a specified time period as a condition of
continued certification. A certificate of organic operation will specify the name and address of
the certified operation; the effective date of certification;the categories of organic operation,
including crops, wild crops, livestock, or processed products produced by the certified
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operation; and the name, address, and telephone number of the certifying agent. Once
certified, a production or handling operation's organic certification continues in effect until
surrendered by the organic operation or suspended or revoked by the certifying agent, the
SOP's governing State official, or the Administrator. Feels like there need to be some paragraph
breaks in this?
Denial of Certification
Should the certifying agent determine that the applicant is not able to comply or is not in
compliance with the Act, the certifying agent will issue a written notification of non-compliance
to the applicant. The notification of non-compliance will describe each non-compliance, the
facts on which the notification is based, and the date by which rebuttal or correction of each
non-compliance must be made. Applicants who receive a notification of non-compliance may
correct the non-compliances and submit, by the date specified, a description of correction and
supporting documentation to the certifying agent. As an alternative, the applicant may submit a
new application to another certifying agent, along with the notification of non-compliance and
a description of correction of the non-compliances and supporting documentation. Applicants
may also submit, by the date specified, written information to the issuing certifying agent to
rebut the non-compliance described in the notification of non-compliance. When a non-
compliance cannot be corrected, a notification of non-compliance and a "notification of denial
of certification" may be combined in one notification. The certifying agent will evaluate the
applicant's corrective actions taken and supporting documentation submitted or the written
rebuttal.
If necessary, the certifying agent will conduct a follow-up on-site inspection of the applicant's
operation. When the corrective action or rebuttal is sufficient for the applicant to qualify for
certification, the certifying agent will approve certification. When the corrective action or
rebuttal is not sufficient for the applicant to qualify for certification, the certifying agent will
issue the applicant a written notice of denial of certification. The certifying agent will also issue
a written notice of denial of certification when an applicant fails to respond to the notification
of non-compliance. The notice of denial of certification will state the reasons for denial and the
applicant's right to reapply for certification, request mediation, or file an appeal. An applicant
who has received a notification of non-compliance or notice of denial of certification may apply
for certification again at any time with any certifying agent. When the applicant submits a new
application to a different certifying agent, the application must include, when available, a copy
of the notification of non-compliance or notice of denial of certification. The application must
also include a description of the actions taken, with supporting documentation, to correct the
non compliances noted in the notification of non-compliance. When a certifying agent receives
such an application, the certifying agent will treat the application as a new application and
begin a new application process. A certifying agent has limited authority to deny certification
without first issuing a notification of non-compliance. This authority may be exercised when the
certifying agent has reason to believe that an applicant for certification has willfully made a
false statement or otherwise purposefully misrepresented its operation or its compliance with
the requirements for certification. Continuation of Certification Each year, the certified
operation must update its organic production or handling system plan and submit the updated
33
Tigard Farmers Market Vendor Handbook 2016
information to the certifying agent and pay the certification fees to continue certification. The
updated organic system plan must include a summary statement, supported by documentation,
detailing deviations from, changes to, modifications to, or other amendments to the previous
year's organic system plan.The updated organic system plan must also include additions to or
deletions from the previous year's organic system plan, intended to be undertaken in the
coming year.The certified operation must update the descriptive information about its
business and other information as deemed necessary by the certifying agent to determine
compliance with the Act and regulations. The certified operation must also provide an update
on the correction of minor non-compliances previously identified by the certifying agent as
requiring correction for continued certification.
Following receipt of the certified operation's updated information, the certifying agent will,
within a reasonable time, arrange and conduct an on-site inspection of the certified operation.
When it is impossible for the certifying agent to conduct the annual on-site inspection following
receipt of the certified operation's annual update of information, the certifying agent may allow
continuation of certification and issue an updated certificate of organic operation on the basis
of the information submitted and the most recent on-site inspection conducted during the
previous 12 months. However, the annual on-site inspection must be conducted within the first
6 months following the certified operation's scheduled date of annual update. As a benchmark,
follow auditing guidelines prescribed by ISO Guide 10011-1. Upon completion of the inspection
and a review of updated information, the certifying agent will determine whether the operation
continues to comply with the Act and regulations. If the certifying agent determines that the
operation is in compliance, certification will continue. If any of the information specified on the
certificate of organic operation has changed, the certifying agent will issue an updated
certificate of organic operation. If the certifying agent finds that the operation is not complying
with the Act and regulations, a written notification of non-compliance will be issued as
described in section 205.662. In addition to annual inspections, a certifying agent may conduct
additional on-site inspections of certified operations that produce or handle organic products to
determine compliance with the Act and regulations. The Administrator or SOP's governing State
official may also require that additional inspections be performed by the certifying agent to
determine compliance with the Act and regulations. Additional inspections may be announced
or unannounced and would be conducted, as necessary, to obtain information needed to
determine compliance with identified requirements. Such on-site inspections would likely be
precipitated by reasons to believe that the certified operation was operating in violation of one
or more requirements of the Act or these regulations.The policies and procedures regarding
additional inspections, including how the costs of such inspections are handled, would be the
responsibility of each certifying agent. Misuse of such authority would be subject to review by
USDA during its evaluation of a certifying agent for re-accreditation and at other times in
response to complaints. Certified production and handling operations can file complaints with
USDA at any time should they believe a certifying agent abuses its authority to perform
additional inspections. Information obtained from "The National Organic Program" website
www.ams.usda.gov/nop/
34
Tigard Farmers Market Vendor Handbook 2016
Sunday in downtown Tigard Market Map
Tigard Area Farmers Market Sunday Location.
Corner of Hall and Burnham, downtown Tigard. 8777 SW Burnham Street In the Public Works parking
lot. Customer and Vendor parking directly across the street. Restrooms across the street.
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