Payne County Fruit & Vegetable Growers Association
1. WHO MAY SELL
A. Members of the Payne County Fruit & Vegetable Growers Association (PCF&VGA);
B. a member’s designated seller; or,
C. a specialty vendor as defined below.
D. New vendors are accepted by officer vote in accordance with the PCF&VGA Vendor Acceptance Guidelines.
E. Prior season vendors in good standing, who are PCF&VGA members, are exempt from the application process and accepted as current season vendors.
The purpose of specialty vendors shall be to bring product diversity to the market by inviting non-members to sell products that are not already offered by attending members.
Specialty Vendors shall:
A. be an Oklahoma producer of goods that are not available from a current market vendor;
B. only sell prior approved goods;
C. set up in a designated spot;
D. prominently display signage that includes the farm name and location.
A specialty vendor must submit an application, be approved by majority vote of PCF&VGA officers, and pay a fee equivalent to the current membership fee before attending market. A specialty vendor must pay a market promotion fee of $15 per space occupied on Saturdays during summer market or $5 per occupied space on any other days. Specialty vendors may attend market only for the period of November 1st to October 31st in which they applied and were approved and only while in good standing.
Specialty vendors are not PCF&VGA members and do not have voting rights in the association.
2. WHAT MAY BE SOLD
A. Only items grown, produced, or handmade by a PCF&FVA member or specialty vendor may be sold.
B. Only items grown, produced, or handmade in Payne, Noble, Logan, Lincoln, Creek, and Pawnee County, or in Oklahoma for specialty vendors.
C. Unprocessed items: vegetables, fruits, nuts, herbs, cut flowers, bedding plants, eggs, and potted plants.
D. Processed items: honey, salsa, pickles, jellies, jams, meats, cured meats, cheese, baked goods, soap, etc. may also be sold provided:
1) must be food, garden, or farm related items and handmade by the PCF&VGA member
2) all applicable State Health Department and State Agriculture Department rules and regulations are met.
E. Any other items must be approved by the PCF&VGA.
3. HOW PRODUCE MAY BE SOLD
A. Produce may be sold by volume, count, or weight. If selling by weight, scales must be certified by the Division of Weights and Measures of the Agricultural Products Division, State Department of Agriculture.
B. Each seller will have the privilege to establish prices on their products.
C. Sellers should provide containers for the consumers unless consumers provide their own.
D. Each seller is encouraged to post a sign, in a conspicuous manner identifying the seller by name.
E. Vendors shall sell from assigned spaces, with space assignment for vendors with 6 or more months participation in the market in the previous season determined at the March regular PCF&VGA meeting preceding the market season, in accordance with the PCF&VGA Space Assignment Guidelines. Vendors with less than 6 months participation in the previous season will be assigned to seasonal vendor spaces by an officer.
4. EXCHANGES AND REFUNDS
Exchanges and/or refunds are at the discretion of the seller.
5. TAX COLLECTIONS
All sellers are required to be in compliance with Oklahoma State Tax Laws and to collect and pay sales tax according to Oklahoma state tax laws.
All sellers will conduct themselves so as not to offend customers of the Market. Among prohibited behaviors are profanity, name calling, harassing, fighting, and arguing.
7. SANITATION AND HEALTH REQUIREMENTS
A. Any produce item must be sold whole (no halves or slices). Sellers may display (but not sell) cut portions wrapped in cellophane. Items may be cut after purchase by the consumer if the seller wishes to guarantee satisfaction in this way.
B. Vendors are not permitted to have animals at the Market except service animals.
C. Each seller will maintain their sales area and vehicles used in marketing in a neat, sanitary, and safe condition throughout the day. Each seller will clean their area before leaving for the day. Refuse shall be disposed of properly.
D. It is the seller’s sole responsibility to ensure that all pesticides used on products offered for sale at the Market have been applied according to label directions.
A. The Market will operate April-October (Summer Market) on Wednesdays and Saturdays, and November-March (Winter Market) on Saturdays.
B. Sellers are asked to set up approximately 15 minutes before opening time and to vacate no more than 30 minutes after closing.
C. Sellers shall sell at the Market location only on dates and at times set by the PCF&VGA.
9. MARKET PROMOTION
A. To allow market advertisement and hiring of a market manager, each vendor shall pay a market promotion fee.
B. The promotion fee is equal to six percent of daily sales, or $5 per occupied space on Wednesday/$15 per occupied space on Saturday, whichever is smaller.
C. Vendors at the Winter Market shall pay the same promotion fee as on Wednesdays at the Summer Market.
D. Market promotion fees shall be delivered to the Market Manager or the Treasurer.
A. No individual advertising, public announcements, or news releases will be allowed on behalf of the market without prior approval by the market manager and/or the PCF&VGA officer committee.
B. PCF&VGA members will immediately report any incidents (property damage, personal injury) to an officer.
C. All sellers agree to accept and abide by the regulations.
11. COMPLAINTS AND DISAGREEMENTS
A. Complaints must be submitted in writing on an official protest form included in each vendor application and available from the Market Manager.
B. This should be within one week of the alleged violation, signed, and accompanied by a $50 cash deposit.
C. The complaint form can be handed to the PCF&VGA’s market manager or any officer committee member.
D. The burden of proof rests with the party filing the complaint. The $50 deposit will be returned if the complaint is upheld.
E. The deposit will be forfeited to the PCF&VGA if the complaint is not considered valid.
F. Immediately upon being notified of a complaint, the Officer Committee shall meet to review the case and vote on any action that may be needed in a timely and fair manner.
i. The complaint will be reviewed and the grievance may be discussed with the parties involved in reaching a decision.
ii. All parties involved will be notified of the decision, once this has been ruled upon.
iii. If after reviewing the complaint the officer committee considers the complaint valid, then the $50 fee is reimbursed to the party making the complaint.
iv. At this time, the proper action to be taken will be decided by the officer committee for dealing with said complaint.
G. If not considered valid, then the $50 fee goes into the general fund and the issue is considered acted upon according to the PCF&VGA’s Rules and Bylaws.
H. After this due process any individual(s) not adhering to this policy is subject to warning by the officer committee through written communication.
I. Any individual(s) who continues to evoke resistance to this process is subject to dissolution of their market membership following this due process. To dissolve a vendor’s membership, a meeting must take place of the officer committee, wherein all the officers must vote unanimously to do so.
J. If passed, this will be provided in written format by the officer committee to the party(s) involved. At this time all fees paid to the association are forfeited as well.
12.ENFORCEMENT OF REGULATIONS
A. The PCF&VGA’s officer committee and market manager has authority to enforce regulations.
B. Each member participating in the Market shall be a deputy manager and will help to see that regulations are followed.
PCF&VGA Vendor Complaint Form
Name of complainant (you): __________________________ Submitted Date: ______________ Time: _____
Name of member you are posting complaint against: ______________________________________________
Action or activity that is being protested: __________________________________________________________
Specific rule(s) that are alleged to have been violated: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________
Your Signature: ____________________________________
Submit completed form to Market Manager or an officer for review.
The burden of proof lies with the party filing this complaint.
The $50 deposit will be returned if the complaint is upheld.
The deposit will be forfeited to the PCF&VGA if the complaint is not found valid.