I. Vision and Mission:
- Vision: The "Helena Market Days" farmers market was created to provide a cooperative and organized sales alternative for locally produced agricultural and special products and offer opportunities for producers to enhance their marketing skills. We strive to improve the variety, taste and freshness of product available to customers in our area. We promote strong, trusting relationships between consumers and vendors by insisting on honesty and transparency in all aspects of the creation and sale of products. We create a space for interaction between the consumer and the producer. We believe that there are inherent benefits for the customer, producer, and community when food is grown, purchased and consumed locally. We enhance the quality of life in our area by providing a community activity that promotes a wholesome, social gathering place.
- Mission: Helena Market Days, a City of Helena (Alabama) event, was established to provide a community gathering place where local farmers and entrepreneurs can sell directly to the consumer. Our goals are to improve opportunities for all in our community by promoting local economic development as well as social and community building through education and family-friendly activities.
The Helena Market Days Farmers Market is organized under the Alabama Farmers Market Authority as prescribed in the Alabama Code §2-5A-1 et. seq. and will comply with Chapter 80-7-1 of the Alabama Department of Agriculture and Industries Administrative Code.
II. Location: The Helena Market Days Farmers Market will be located in the parking lot of The Church at Old Town at 815 Hwy. 52 W., Helena, AL 35080.
III. Dates and Times: The 2023 market will be open for retail sales from 8:00 a.m. to 12:00 p.m., beginning Saturday, June 3rd through August 26th, rain or shine. The market schedule may be extended depending on availability of seasonal produce.
IV. Eligibility Requirements: Persons who locally produce food, agricultural products, and hand-crafted, consumable, and artisinal goods with the intent to sell at the market.
V. Management: The Helena Market Days Farmers Market will have a Market Manager who is responsible for reviewing and managing each year's guidelines, rules, and schedules. The Market Manager also reviews any complaints or violations, and hears grievances from vendors, regarding the operation of the market.
The Market Manager, or their designated agent, shall have supervision and control of the regular activities of the market. They shall have full responsibility for making certain that all rules and regulations as set forth by the Market Steering Committee are followed by all market participants and/or his/her agent(s) or employee(s).
The Market Manager is Kim Ford and all market questions may be directed to her via the following:
Cell: (205)902-1555
Email: helenamarketday@gmail.com
VI. Market Steering Committee: Helena Market Days is a State of Alabama Certified Farmers Market (CFM) governed by a volunteer Steering Committee appointed by the City of Helena. The Steering Committee and its designated agent shall implement and enforce all rules and regulations pertaining to the operation of a Certified Farmers Market (as determined by the Alabama Department of Agriculture and Industries, Farmers Market Authority) in a fair and equitable manner. The following persons currently comprise the Steering Committee:
- Kim Ford (Market Manager and Vendors)
- Margaret Chandler (Treasurer and Non-Profit Coordinator)
- Amber Shafer-Chandler (Special Event Coordinator)
- Amanda Reed-Smitherman (Entertainment Coordinator
- Harold "Hewy" Woodman (City Liaison)
- Tiffany Hamilton (Secretary and Social Media Manager)
VII. General Rules:
A. Definition of Vendor: Only local producers may sell at the market. "Local" is defined as produced or created within the borders of the state of Alabama, and/or within 25 miles of the State borders closest to the program. A "producer" is defined as the person who grows or makes the product and may also include the producer's immediate family, partners, or employees. The number of non-food/value-based vendors may not exceed 30% of the total vendors. Arts and crafts are not permitted for sale at the market. Items purchased for resale, as well as items made from kits, commercially available plans, and items that are mechanically mass-produced shall not be permitted at the market.
i. Farmers may sell limited amounts (20%) of products from neighboring Alabama farms on a temporary basis at the discretion of the Market Manager. These items must be approved before they are sold and a copy of the other producer's Grower's Permit must also be provided to the Market Manager. Failure to seek approval could result in a written violation. An initial approved site visit by the Market Manager must be completed and a copy of the current year's Grower's Permit must also be submitted each subsequent year a producer wishes to participate in the market.
ii. Growers with a current Grower's Permit are accepted as vendors in the market without regards to duplication of merchandise.
iii. Vendors, other than growers, are subject to review with regards to products sold to avoid duplication of merchandise. The deadline for these vendor applications is eight (8) days prior to the day of the market.
iv. Any and all vendors will neither allow, nor engage in, any discriminatory practices or policies regarding race, color, religion, ancestry, national origin, sex, sexual orientation, age, or disability.
v. Should a waiting list for vendors be established, vendors on such list would be invited to participate in the market based upon their length of wait on said list.
B. Permitted Items for Sale: First and foremost, Helena Market Days Farmers Market is a Certified Alabama Farmers Market as defined by the State of Alabama Department of Agriculture. Items allowed for sale in the market include: raw vegetables and fruits, edible plants, flowers, eggs, honey, shelled beans and peas, nuts, garlic, grains, herbs, bedding plants, herbal vinegar, bread, pastries, cookies, cakes, cheesecakes, chocolates, syrups, jams and jellies, herbal and vegetable spreads, fresh juice and cider, frozen seafood, cheese, cured sausages and meats. Prepared foods from a commercially approved kitchen are allowed. Hand-crafted items, ingestible items, and those for personal body use from an approved crafter are allowed.
C. Meat Products:
1) Live animals are prohibited for sale at the market.
2) Only uncooked, raw meats, including fish and seafood that are processed, packaged, and labeled at an inspected facility or are otherwise excempted (rabbits, quail, and bison) from inspection may be sold at the market.
3) Beef, pork, poultry, and lamb products sold at the market must originate from livestock slaughtered in a government (federal or state) inspected facility.
4) All meat and poultry products must be wrapped and labeled with the seal of inspection on the package. Refer to the USDA publication "Guidance for Determining Whether a Poultry Slaughter or Processing Operation is Exempt from Inspection Requirements of the Poultry Products Inspection Act Revision, 1 April, 2006," provides detailed information on the requirements for the sale of poultry at farmers markets.
5) Meat products other than fish and shellfish must be brought to the market in frozen condition and kept frozen until sold.
D. Fishermen and Seafood: Any vendor wishing to sell fresh or frozen seafood, either retail or wholesale, in the market must have a valid Alabama Seafood Dealer's License and provide a copy of it to the Market Manager and must follow all rules and regulations associated with the selling of seafood. This does not apply to any vendor preparing finished or "value added" products such as cooked seafood that has been purchased through a licensed dealer. Seafood sold in the market must be local seafood caught in the Gulf of Mexico or associated waters. Applications and information regarding licensing are available by contacting the Alabama Marine Resources Division.
All seafood must be sold pre-packaged. The vendor cannot open the package to add or remove any seafood product.
In all cases the product temperature on seafood must be maintained at 41°F or below. Packaged crabmeat and/or fingers should already be packaged by a processor and will need to be held below 41°F and meet any Alabama Seafood Branch requirements.
Shell stock (oysters in the shell) must be delivered by a certified dealer and sold from a refrigerated conveyance approved by the Alabama Department of Public Health (ADPH). All shell stock associated tagging and record keeping requirements of both ADPH and AMRD must be met. Shucked oysters may be sold iced down but must still be code dated from a certified processor.
Contact information for all certified processors must be available for hand out with each seafood sale.
E. Dairy Products: All dairy products, including cheese, must be processed, packaged, and labeled at a facility permitted and inspected by the Alabama Department of Public Health's Milk and Food Processing Branch. Products must have the proper labeling with vendor contact information or have that information posted in such a manner that the consumer will know who to contact if necessary.
The sale of raw milk for human consumption is not legal and cannot be sold at the market.
F. Shell Eggs: Shell eggs are considered farm products and may be sold at the market with proper labeling information on the package. Egg label information required is the size of egg (small, medium, large, x-large), name and address of egg packer, and date eggs were packed. Carton or egg container and egg product itself must be sanitized and free from fecal matter and other farm filth. The Department of Public Health requires that shell eggs must be in a chilled environment, such as an ice chest with 're-freeze' ice blocks.
G. CBD and Hemp Products: Per the Agriculture Improvement Act of 2018, Pub. L. 115-334 (also known as the 2018 Farm Bill) signed into law Dec. 20, 2018, sets the following in place regarding the sale of hemp and CBD "the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis." It goes on to explicitly preserve the FDA's authority to regulate products containing cannabis or cannabis-derived compounds under the FD&C ACt and section 531 of the Public Health Service Act (PHS Act).
This means products containing cannabis or cannabis-derived compounds are treated as any other FDA-regulated product--meaning they are subject to the same authorities and requirements as all ofther FDA regulated products regardless of whether they contain any other substance, and regardless of whether the cannabis or cannabis-derived compounds are classified as hemp under the 2018 Farm Bill.
For our purposes, the following are legal for sale, but only if the Market Manager has been given a copy of a certified lab test showing the product(s) for sale have a THC percentage of less than 0.3%, as well as the products have passed FDA GRAS (Generally Recognized as Safe) standard:
- Locally produced hemp seed oil (cold pressed)
- Locally produced hemp seed protein powder
-Locally produced hulled hemp seed
This included locally produced CBD oil, if it had been derived from Ind. hemp and a copy of the certified lab test showing it to have less than 0.3% THC.
Any and all other products, including but not limited to, those infused, impregnated, etc., are, at this time, not legal, nor allowed for sale at the market.
H. Necessary documents, permits, and labels: All growers/producers must provide a copy of their current market year Grower's Permit from the Cooperative Extension Office. All vendors participating in the market must comply with Shelby County Health Department regulations. In 2009, new regulations regarding the origin of baked goods were established and they are as follows:
For information regarding home processed products, meat products, insurance, proper weights and measures, dairy products, and shell eggs refer to the Alabama Department of Agriculture and Industries, Farmers Market Authority Administrative Code, Chapter 80-7-1.04(c)(e)(g)(h)(i)(j). It can also be found at https://agi.alabama.gov/farmersmarket/wp-content/uploads/sites/9/2021/01/Administrative_Code_80-7-1.pdf. Vendors not qualifying for grower's permits (i.e., craftsmen, some baked goods, etc.) require a current, local business license.
I. Insurance: It is recommended that vendors have general liability insurance.
J. Sales Tax and Permits: Each vendor is responsible for collecting his/her own sales tax, where applicable, with farmer exempt from sales tax. Some value added products are NOT subject to sales tax. (Alabama Code §40-23-4(a)(5) and §40-23-62(8).)
Value added product vendors (artisan products, baked goods, etc.) are required to collect sales tax and submit to the City, County, and State. Seafood, meat, and cheese vendors are required to have and display a current commercial license and must be inspected by the Shelby County Health Department. Vendors not following the Health Department guidelines will not be permitted to sell at the market. Inspections must take place before the vendor intends to sell at the market.
K. Space Assignment and Rent: The Market Manager shall assign spaces for the entire market season. All market participants may reserve spce for the entire season.
i. Space: A space includes an area to fit a 10'x10' tent and up to two tables for display (72"x30"). Vendors may sell from only one vehicle and must occupy only one space unless assigned additional space by the Market Manager.
ii. Pricing: Booth space for a fee of $25 per market, or a double booth space (20'x10') for a fee of $50 per market. To reserve a space for the 2023 Helena Market Days, a $25 fee is required to be paid within ten (10) days of receiving your letter of acceptance. The fee will pay for the first Saturday's vendor space fee and is NON-REFUNDABLE.
iii. Payment: Participants have the option to pay in advance for the whole season, or on a week-to-week basis. The vendor/producer must provide notification to the Market Manager of his/her participation each week by the precending Wednesday. The rental fee shall be paid to the Market Manager each market day. Should a vendor fail to pay the rental fee, they will not be permitted to return to the market until full payment for all charges has been received.
L. Food Safety and Sampling: All procedures set forth in the Alabama Department of Agriculture and Industries, Farmers Market Authority Administrative Code, Chapter 80-7-105(d) must be met. It is the responsibility of each vendor to abide by all state and federal regulations which govern the production, harvest, preparation, preservation, labeling, or safety of products offered for sale at the market. All vendors, regardless of product, must meet the health requirements that prevent food-borne illnesses. No cooking is permitted within the market area without prior approval of the Market Manager.
M. Set-Up and Clean up:
1) It will be the responsibility of the vendor to supply his/her own 10'x10' tent. White tents are strongly encouraged, as to create a consistent appearance at the farmers market, but are not required at this time. It will also be the responsibility of the vendor to provide his/her own table and chairs, if desired. A limited amount of tents and tables are available to rent for an additional $25 fee.
2) It will be the responsibility of each vendor to set up their own tent, but market volunteers will be available to assist, if needed.
3) Vendors are responsible for bringing their own tie-down weights for their tents.
4) Vendors are responsible for bringing appropriate cash and/or coins to make change for customers.
5) Vendors must have a sign displayed that lists the name of the farm or the business and where they are from.
6) The use of electrical generators is prohibited unless otherwise approved by the Market Manager. Limited power is available on first come-first serve basis. Producer must supply their own electrical cords. Electrical cords must not be a safety hazard.
7) Solicitation for political campaigns, products, services, or charitable contributions not specifically addressed as a market commodity is not permitted.
8) Vendors must be nineteen years of age or older. Younger children are welcome and encouraged to participate but must be accompanied at all times by an adult responsible for the child's conduct and safety.
9) No eating, drinking alcoholic beverages, or smoking while selling.
10) At the beginning of each market, vendors will check in with the Market Manager by 7:00 a.m. The Market Manager will create weekly booth assignments and will seek to keep farmers/vendors in a consistent spot from week to week.
11) To ensure a full and vibrant market, the Market Manager must know in advance when the vendor will not be able to attend. Manager must be notified no late than 4:00 p.m. of the Wednesday before the market.
12) Failure to show without a given notice may result in the forfeiture of market space for the season.
13) The market will begin at 8:00 a.m. each Saturday and will run until 12:00 p.m. Vendors should arrive no later than 7:00 a.m. and be set up no later than 7:30 a.m. and ready to do business when the market opens at 8:00 a.m. Anyone arriving after 7:30 a.m. will not be permitted to setup and sell. The Market Manager will have the authority to change the market hours for special occasions; however, notice must be given to the Market Steering Committee beforehand. Coming in late and/or breaking down early can result in the vendor's removal from the market.
14) Vendors will be expected to stay for the entire market, even if all product has been sold. It is the farmers/vendors responsibility to bring enough product each market day. Vendors can stop selling at 12:00 p.m.
15) In keeping with a rustic elegant theme, vendors are encouraged to make spaces attractive and appealing to buyers. Displays must be confined to the assigned space. Vendors should keep their space clean, clear of debris, and safe during market hours. After market hours, vendors should take booth trash and debris to the designated trash cans. Failure to clean up after yourself could result in forfeiture of your space.
16) Vendors are not permitted to smoke, vape, or chew tobacco beneath their tent or in the market area. Ask Market Manager for permitted smoking area.
17) For sanitary reasons, vendors are not permitted to have their pet(s) beneath their tent.
18)Home processed food items are not permitted for sampling to customers.
19) To create an inviting marketplace, vendors' behavior (and products sold) should be positive and upbeat.
N. Parking: The Market Manager has the right to reserve spaces. Vendors may park one (1) vehicle within the market area, confined to their assigned space. If the vehicle poses as a hazard, the vendor may be asked to relocate their vehicle.
O. Vendor Services: Massage, gift wrapping, visting chefs, music, etc. are allowed and assigned space upon approval of the Market Manager.
P. Severe Weather Cancellation: The market is held rain or shine during the market season. However, in the event of threatening weather that could harm vendors and/or shoppers, the Market Manager will cancel the market for the day. Vendors will be notified of cancellation via email no later than 8:00 p.m. the night before (Friday). Vendors are expected to be present at the market unless inclement weather causes cancellation and/or early close.
Q. Miscellaneous:
- Use or possession of firearms, alcohol, gambling, and/or illegal drugs will not be allowed on premises
- The sale of live animals is not allowed at the market
- Wine is prohibited for distribution and/or retailing at the market and at all farmers markets in the state of Alabama.
- Alcohol, i.e., beer, whiskey, etc., is prohibited for sale at the market and at all farmers markets in the state of Alabama.
- All profane, abusive, discourteous, and boisterous language and/or conduct at/about the market area is prohibited.
VII. Additional Guidelines:
1) It is recommended that vendors/producers use safe, natural, and colorful displays. Be aware of tripping hazards in the walk area. It is best to reaise all displays (especially food items) at least 24 inches from the ground. Three vertical levels of display will dramatically increase product visibility.
2) It is highly recommended that each vendor/producer have a sign identifying the name and location of the farm. Vendors/producers may not set up materials that damage the space.
3) Business cards and other handouts such as business information, recipes, or other educational literature pertinent to the products being sold are encouraged. This would include photographs of vendor/producer, farms/establishments to aid in the educational process. All signs and handouts are to be approved by the Market Manager. The Market Manager has the sole discretion to prohibit the use of any sign or other marketing materials considered by the Market Manager to be inappropriate.
4) If you need further information or have any questions, you may contact the Market Manager by email at helenamarketday@gmail.com or phone at (205)902-1555.
5) All vendors/producers are entitled to a copy of this handbook. Your signature below indicates that you have received a copy. Please keep it for further reference.
IX. Violations: Any complaint against any vendor regarding the origination of their product(s), any other matter, such as being loud and/or disorderly to other vendors, shoppers, or city employees, must be directed to the attention of the Market Manager in writing. The Market Manager and the Market Steering Committee are responsible for reviewing and resolving complaints. Together, and at their sole discretions, they shall determine the following:
a) What type of investigation, if any, shall be conducted in response to written complaints.
b) Whether or not the written complaints shall be provided to the vendor against whom the complaint is made.
c) The timeframe in which such a response shall be made.
When it has been determined that a vendor has violated any provision of the market rules/guidelines and the smooth operation of the market would be undermined, that vendor may be penalized. Violations could include:
a) Arriving late and not being prepared to sell by the market opening time.
b) Failing to show without notifying the Market Manager in advance.
c) Leaving early (with the exception of a sell-out) and not advising the Market Manager.
d) Selling products not grown/produced by the vendor.
e) Vendors' employees who are too aggressive or discourteous to customers, visitors, and/or staff.
A. Failure to Show: Vendors must notify the Market Manager or their designee by the Wednesday before the market if they do not plan to participate due to unforeseen circumstances. Failure to show without notifying the Market Manager or their designee will result in a $12.50 fee that will be subtracted from prepaid fees, resulting in the need for the vendor to send additional funds to bring the vendor's account up to date. Failure to show without notification twice within a season will result in the loss of a vendor's reservation for the rest of the season with no refunds of any fees prepaid.
B. Violation Schedule:
- 1st Violation: Written notification.
- 2nd Violation: Vendor can stay for the rest of the day, but will be suspended from selling the following week.
- 3rd Violation: Vendor can stay for the rest of the day, but will be suspended from selling from the following two weeks.
- 4th Violation: Vendor can stay for the rest of the day, but will be disqualified from selling for the rest of the market season.
X. Enforcement Process: The Market Manager will enforce the rules, determine fraudulent, dishonest, or deceptive merchandising, disruptive behavior, or collusion to set prices among vendors, any of which may be grounds for forfeiture of the right to do business of any kind in the market for a length of time to be determined by the Steering Committee. Failure by any vendor to comply with any of these rules and regulations can result in forfeiture of the right to do business of any kind at the market for a length of time specified by the Steering Committee. If a vendor would like to appeal their suspension or disqualification, a hearing will be arranged with the Manager and the Steering Committee to hear arguments. The Steering Committee will then vote on a resolution to determine the outcome of the producer's appeal. All complaints regarding the market management will be handled by the Steering Committee.
XI. Hold Harmless and Indemnification: By participating in the market, all vendors shall be individually and severally responsible to the City of Helena for any loss, personal injury, deaths, and/or any other damage that may occur as a result of the vendor's negligence of that of their servants, agents, or employees. All vendors hereby agree to indemnify and save Helena Market Days and the City of Helena harmless from any loss, cost, damages, and other expenses, including attorneys' fees, suffered or incurred by the City of Helena, by reason of the vendor's negligence or that of its servants, agents, or employees.
XII. Modifications: The Market Steering Committee, serving as the governing body, in conjunction with the Market Manager and/or their designee, shall implement and enforce all rules and regulations pertaining to the operation of these Certified Farmers Markets in a fair and equitable manner. The Market Manager and/or the Market Steering Committee further reserves the right to revise the market rules and regulations at any time as they deem appropriate.