AFM RULES AND BY-LAWS
Rules - revised 2023
These rules are in effect at all times for all Athens Farmers Markets and are enforced by the Market Manager or by a designated Assistant Manager or Officer.
DEFINITIONS
Locally: 150 Mile radius of Athens, Ohio.
Grower: A person or an organization that raises* their own agricultural products locally.
*Raises - producing the products on a farm or portion of the grower owns or rents, where they make the day-to-day decisions.
Processor: A member who uses some locally-grown ingredients and locally processes those ingredients into finished products.
MARKET CALENDAR AND SCHEDULE
1. The Market year is April 1 to March 31; annual fees paid by producers cover this period. Winter Indoor Market dates are December through March. Vendors are allowed to set up inside and/or outside during the month of December ONLY.
2. Producers may sell at the Athens Farmers Market only on announced days of the market: Wednesdays from 9am to 1pm, and Saturdays from 9am to 12 pm, or other days and times as determined by the executive committee.
3. The Market shall be opened for selling by the Manager, using a bell or other signal. There will be no sales prior to the opening of the market, except the managers and producers of the market may buy before the opening time. Exceptions may be made by the Market Manager.
3.1 Market Manager may impose a fine of $20 for selling early and $50 for not being off lot by 12:30 pm on Saturdays and Wednesdays.
4. The Saturday market operates year-round. The Wednesday market begins in April and closes in December on dates otherwise determined by the Executive Committee.
5. Market days will be cancelled when there is a Level 3 emergency announced by the Athens County government or for other emergency situations.
FEES
6. Membership fees are $225.00 annually, plus $250 for a single stall, $800 for one-and-one-half stalls, and $1200 for two stalls, and an additional $150 for winter indoor vending.
7. Producers holding assigned stalls must pay the annual stall fee no later than two (2) weeks after the annual meeting (held in the fourth quarter of the market year.) Failure to pay fees by this date will result in the producer losing the stall assignment.
8. Two producers may share one stall so long as each producer or employee is present at the market. Each pay half the fee for the stall.
9. Producers who claim financial hardship may pay the annual stall fee in three installments, with payment to be completed within two months of the initial commitment and payment. At least one payment must be made no later than two (2) weeks after the annual meeting if the producer wishes to retain a stall assignment.
10. Associate members fees are $200 annually, plus $100 for a single stall.
ARRIVAL, SET-UP, AND DEPARTURE
11. Producers at the Athens Farmers Market are to park only in the area specified by the Market Manager. Producers with assigned stalls shall occupy only those stalls. All unassigned or vacant stalls will be assigned for the current market day, by the Market Manager.
11.1 Vendors must notify the manager of any known absence no later than 12 pm on Tuesday, for Wednesday market days, and 12 pm on Thursdays, for Saturday market days.
12. Producers shall arrive at the market in time to set up and be ready for customers at opening time. Producers arriving at the market after 8:30 am will be admitted only at the discretion of the Market Manager.
12.1 Vendors using tents or shelters must have them tied down securely with at least 20 pound weights on each corner by start of every market. Vendors do have the option of securing the two corners near their vehicle to it. Subject to approval by the manager.
13. Each producer shall display a sign stating the producer’s name and location and shall have their prices displayed
14. Producers must remove unsold produce and clean up their stalls before leaving the market. A fine not to exceed $25 may be imposed by the Executive Committee for violation of this rule.
PRODUCTS AND SALES
15. A grower is a person or organization who raises (see definitions) his/her own products on his/her own farm or portion of and: contracts for them to be processed, processes the products himself/herself, or sells the products as harvested. A processor purchases local ingredients where feasible and locally processes them into finished products himself/herself and sells them at the Market pursuant to all other Market rules and/or governmental regulations. Processor includes producers required to have a Mobile Food Service license. Producers may not sell as a franchise or use franchise trademarks, logos, etc., at the market.
15.1 Any processor, when asked by a customer about a product’s composition, must fully disclose the ingredients and the origins of ingredients to the best of his/her knowledge.
15.2 If there is an area-wide crop failure of peaches or apples and there are none available from AFM fruit vendors, AFM vendors who normally produce peaches and apples may bring in fruit they have not grown for resale until market member peaches and apples are available again. The resale peaches or apples must be labeled as such.
16. The following actions are not considered either growing or processing: packaging, aging, shaping, portioning, cleaning/washing, purchasing, transporting/distribution, coloring or decoration, aerating, or carbonating. Further, these are only examples and any other action will be judged separately and provided in writing to producers of the market.
17. Radical price cutting of top quality produce is prohibited. Poor quality or overripe produce must be labeled as such and can be sold for a discounted price.
18. Selling of dairy products, eggs, meats, canned goods, and other processed or potentially hazardous products must meet all legal requirements.
18.1 A grower who sells meat cuts must have owned and raised (see definitions and Rule 15), for a minimum of 50% of the animals life, the animal from which the cuts come. Processed meat products (such as sausage) fall under the processing rules in rules 15 and 16.
18.2 State licensed processing facilities are not permitted to sell at the market.
19. Producers must comply with all laws, ordinances, and regulations of the United States, State of Ohio and City of Athens. Producers must obtain all licenses or certifications so required, and these must be displayed at the market.
19.1 All scales used at the AFM must be inspected and tested by a county Sealer. The county Sealer will issue and attach a seal to the scales upon passing the inspection. Inspections may be completed in any county.
20. The Market Manager has discretion to allow solicitation, entertainment, informational and advocacy activities, but such activities must not obstruct customer aisles or occupy stalls needed for selling by market producers. Producers may use their own stall for advocacy or informational displays.
21. With the exception of disability service animals, pets are not allowed in the market area. An exception will be made for non-service pets that must be continuously carried while at market.
22. Vendors may sell promotional swag at their booths as long as these items take up no more than 5% of their retail space.
NON-FOOD AGRICULTURAL AND FOREST ITEMS
23. The selling of Non-food agricultural and forest items is permissible at the Athens Farmer’s Market. These items are defined as a handmade product produced personally by a member of the Athens Farmer’s Market which has primary components of an agricultural nature grown or produced by the member. Examples include: beeswax candles, brooms, and flower arrangements. Items made primarily from purchased components are not eligible for sale at the market.
24. Wood products must meet the above criteria but are limited to products which are intended for use in the preparation or consumption of food. Examples include rolling pins, cutting boards, bowls, and serving spoons.
25. In order to preserve the Athens Farmer’s Market as primarily a farm market venue, the board may—at its discretion—limit the number of new Non-food agricultural and forest items which may be sold at the market.
26. Non-food agricultural and forest items currently being sold at the market as of the date of the adoption of this rule are considered eligible and are allowed for sale at the market.
STALL ASSIGNMENTS AND SENIORITY
27. Producers may hold an assigned stall space at the market. Stall assignment shall be made by seniority in market membership. The treasurer shall maintain a list of all producers by seniority and make this list available at the annual meeting.
28. Producers shall have the right to retain an assigned stall space the next year, provided they participate in the market at least twelve times during the year, notify the Treasurer of their intent to continue by the annual meeting, and pay fees as provided in these Rules. The Executive Committee may waive the attendance requirement for hardships such as crop failure, prolonged illness, or other good cause.
29. Producers holding assigned stalls who wish to change location or size must notify the Treasurer. Further assignment of vacant stalls shall be made by the Executive Committee, by seniority, from the list of unassigned producers who have paid the full fee.
29.1 If an AFM stall holder sells their farm or business, the new owner must re-apply for market membership and does not inherit the old owners stall assignment or seniority.
30. Exception - If the new prospective owner joins the farm or business they hope to buy or inherit in some official capacity such as an employee or business partner, and if they are so named on the annual AFM registration form for at least two consecutive market years, then they can retain the old owners stall assignment and seniority.
31. A producers’ seniority shall date from the first date on which the producer attended the market, providing the full membership and stall fees were paid at that time. Seniority for producers who elect to pay in instalments shall date from the date of the last instalment payment. A producer retains seniority by paying the full membership and stall fees each year.
Producers who joined the market prior to 2003 shall be considered to hold equal seniority with all other producers who began in the same year, since past market records do not permit us to ascertain actual dates on which members began.
In the event that two or more producers have equal seniority and sufficient stalls are not available for assignment, the executive committee shall select the producer for assignment randomly.
ENFORCEMENT AND VIOLATIONS
Procedure for Inspections
32. Indication for Inspection
An inspection is initiated if a customer or producer files a Product Challenge Form to express concern that a producer is selling products that violate AFM rules. Forms can be obtained from and submitted confidentially to the market manager. The form must be submitted no more than seven (7) days after the market during which the alleged violation occurred. The producer will be notified by the market manager if an inspection is indicated and the inspection protocol outlined below will be initiated.
There may be situations where the manager receives a Product Challenge Form but determines an inspection is not indicated (ex. the producer was recently inspected for the same reason and found to be in compliance, the accusation is not a violation of AFM rules). In those situations, the market manager will notify the Executive Committee (EC) within seven (7) days of receipt of the challenge form with the rationale for not initiating the inspection process. Any money paid by the complainant toward the inspection will be returned.
32.1 Fees
If the person filing the complaint is also a producer, the complainant will pay $30 toward the inspection. The AFM will pay any additional amounts required to pay for the inspection and mileage. If the complainant is not an AFM producer (customer, for example), the cost of the inspection is paid for by the AFM. If a violation is found, the producer in violation must reimburse the cost of the inspection and mileage. In such a case, the producer will receive an invoice in writing and payment is due within 15 days of receipt.
Producers who do not appear at the scheduled time of inspection shall pay the inspection fee and mileage for the cancelled inspection. The producer will receive an invoice in writing following the cancelled inspection and payment is due within 15 days of receipt. The producer shall also pay the inspection fee for the date on which the inspection is completed if they are found to be in violation.
32.2 Scheduling an Inspection
Reasonable requests from the producer regarding preferred dates and times for an inspection will be taken into consideration. If the producer being inspected does not provide their preferences in a timely manner, they will be notified of an inspection time chosen for them by the market manager or inspector.
Failure to agree to or show up for the inspection will constitute a violation of the protocol and a written notice will be given to the producer. Another date will be set for an inspection to occur no more than 14 days from the time of receipt of the Product Challenge form. If the producer again fails to agree to or show up for an inspection, the producer forfeits his/her right to participate in the market as well as any assigned stall or seniority.
32.3 Confidentiality
The name of the producer and the overall outcome (ex. compliant, non-compliant, need for re-inspection) of the inspection will be available to the membership. All other information gathered during the inspection process (ex. production practices, proprietary information, market-related business) is confidential. This information will only be available to the inspector and the market manager. The exception to this is in the case of an appeal. If the producer requests an appeal, inspection information will be shared with the EC which will be involved in the appeal process. The EC will also be held to rules of confidentiality regarding the information above.
Inspection Protocol
33. Stall Inspection
The purpose of the stall inspection is to create a record of items at the producer’s booth at the time of the Product Challenge. The market manager will take photographs of product varieties, quantities, labeling, packaging, etc. This information will be given to the inspector so he/she can verify consistency between what was seen at the stall and what was seen at the site inspection.
The stall inspection will be performed as soon as possible to most accurately capture the products being offered at the time of the Product Challenge.
33.1 Site Inspection
The site inspection takes place at the site(s) of production to create a record of items being produced for sale at the AFM. The site inspection will take place within 14 days of notification of the need for inspection. A contracted inspector (cannot be the market manager, complainant or fellow AFM vendor) who is knowledgeable about the products and the means of producing them will perform the site inspection.
The inspector will use Information gathered from the Product Challenge Form, producer application, and stall inspection as background for the inspection. During the site inspection, the inspector will take photographs of and/or document in writing information about relevant items such as land in production, quality/quantity of products, processing materials, etc. The inspected producer will review and sign the written record of the inspector’s findings at the end of the inspection. The inspector will submit a report to the market manager within 3 days after completing the inspection.
The inspector will respect standard practices related to food safety and biosecurity concerns if outlined by the producer prior to the visit. The producer will supply the inspector with necessary protective coverings (hair net, shoe coverings, etc.) if needed to complete the inspection.
33.2 Post-Inspection
The market manager will review the inspection report and related documentation. He/She will use that information and the AFM rules to determine if the product(s) in question are 1) in compliance, 2) follow-up is required to gather more information, or 3) not in compliance.
The inspected producer will be notified of the outcome by the market manager within seven (7) days after receiving the inspection report. After the inspection process is complete, the market manager will notify the EC that an inspection was performed and of the outcome of the inspection. This information will be included in the meeting minutes for the next regularly scheduled EC meeting.
33.3 Management of Rule Violations
If it is determined that the inspected producer is not in compliance with AFM producer-only rules, the producer forfeits the right to participate in the market. The producer will not receive a refund of market dues. The producer may request to be reinstated at the next annual meeting by receiving a 2/3 majority vote of the members present. If reinstated, the producer’s seniority will be that of a new member.
33.4 Appeals
A producer found to be non-compliant with AFM producer rules may appeal the decision if he/she can demonstrate that he/she was, in fact, in compliance at the time of inspection. The appeal must be submitted in writing to the market manager. The appeal must be made within seven (7) days of receiving the inspection outcome from the market manager.
The appeal and inspection documents will be shared by the market manager with the EC. The EC will choose to review and discuss the information at its next scheduled meeting, a special meeting, or electronically. They will determine if the appeal warrants additional evaluation to verify compliance. Those filing an appeal will receive a response from the market manager regarding the EC’s decision within 7 days of filing the appeal.
34. An expelled producer can be reinstated at the next annual meeting by receiving a 2/3 vote of the members present. The producer forfeits any assigned stall and seniority upon expulsion and may rejoin the market as a new member.
35. Smoking in any form by market vendors in the market area is prohibited. If you wish to smoke please go 10 feet beyond the perimeter of the market area to do so. If you do leave the market area to smoke you are encouraged to wash your hands before returning.
36. All new vendors shall be inspected sometime within their first three (3) months to verify that they are in compliance with AFM rules. The EC shall form the inspection committees with at least two (2) or more members. The members may include the market manager, at least one EC member and one AFM vendor volunteer. The EC shall call for volunteers at the beginning of each market season to serve on the inspection committees. The inspections shall occur at a time agreed upon by both the new vendor to be inspected and the inspection committee. The new vendors to be inspected shall pay a one-time $25 application fee to cover the cost to the inspectors.
INSURANCE
37. Vendors are required to provide liability insurance listing Athens Farmers Market as additional insured for at least one million dollars coverage.
WAITING LIST/PRODUCTS SOLD
38. Current Vendors: continue with current products.
Waiting List: list of prospective vendors to be maintained by the Market Manager.
Products Sold: the board will decide additional processed products that may be sold.
AMENDMENT
39. These rules may be amended by a majority vote of members attending any regular or special meeting of the Athens Farmers Market Association.
By-laws - revised 2022
ARTICLE I. NAME
The name of this organization shall be the Athens Farmers Market.
ARTICLE II. PURPOSE AND POWERS
Section 1. The Athens Farmers Market shall operate on a not for profit basis. It shall serve its members and the public through education on the benefits to the community that result from supporting a locally based food economy and by providing a public market allowing direct connections between producers and consumers of local food and agricultural products.
Section 2. The Athens Farmers Market shall impose fees and rules only insofar as necessary for realizing the purposes stated in Section 1.
Section 3. The Athens Farmers Market shall uphold equal employment opportunity laws.
ARTICLE III. MEMBERSHIP
Section 1. Membership and voting privileges shall accrue to those producers who have paid the full membership fee for the current organizational year defined in its rules. A producer may be an individual, farm, or business. Each producer receives one vote.
Section 1A. One proxy vote for one producer. The proxy cannot be someone who is already voting. Each proxy can only represent one producer.
Section 2. Associate members may sell on any announced market days except Saturdays from April 1 – November 1.
ARTICLE IV. GOVERNANCE
Section 1. There shall be an Executive Committee composed of 11 individuals, 8 of which are members and 3 of which are community members, with terms of 3 years and community members terms of 1 year, elected at the annual spring meeting. The Executive Committee shall have the power to enforce market rules, empower committees, resolve interim questions arising from the operation of the market, and to contract for the management of the market.
Section 2. Elected officers. A President, Vice President, and Treasurer shall be elected by the executive committee at it first meeting following the annual membership meeting or following a special meeting held in its place thereof. The executive committee at its discretion may elect other officers.
Section 3. Elected positions shall be chosen at the annual business meeting by majority vote of the members present. Elections shall be held by a method allowing confidential balloting. Vacancies in elected positions may be filled by the Executive Committee until the next election.
Section 3.1: Any member wishing to run for the executive committee may notify the manager or president 6 weeks prior to the annual business meeting. All candidates’ names and a short bio will be included in the notice sent out to the membership. Write-in nominations will also be accepted at the meeting.
Section 4. The President shall preside at all meetings and carry out the duties assigned in the bylaws, rules, or actions of the organization. The President shall have the power to call Executive Committee meetings. In the absence or incapacity of the President, the Vice President shall fulfill these duties.
Section 5. The rules governing the organization shall be voted upon by the membership at an annual or special meeting and shall be in effect at all times.
Section 6. The Secretary shall be responsible for maintaining minutes and records of the association and shall be chosen by the Executive Committee.
Section 7. The Treasurer shall be responsible for maintaining the financial reports and obligations of the organization.
ARTICLE V. MEETINGS
Section 1. This organization shall hold an annual business meeting in the final quarter of the organizational year as defined in its rules. Members shall be given at least two weeks’ advance notice of the meeting time and place.
Section 2. A majority of the members present shall constitute a quorum.
Section 3. Special meetings may be called by the President or upon the written request of 25 percent of the members. Before a special meeting can be held, each member must receive a written notice which includes the time, date, and location of the meeting and the exact items of business to be considered.
Section 4. The parliamentary code for this organization shall be Roberts Rules of Order, Newly Revised.
ARTICLE VI. FINANCES
Section 1. This organization’s fees shall be proposed by the Executive Committee and voted on at the annual meeting.
Section 2. The monies of the organization shall be managed by the Treasurer with the approval of the Executive Committee.
ARTICLE VII. AMENDING AND SUSPENDING
Section 1. The Bylaws of this organization may be amended or suspended by a two-thirds vote of the members present. All members must be given notice of the meeting and the proposed amendments at least two weeks prior to the meeting.
ARTICLE VIII. DISSOLUTION
Section 1. This organization may be dissolved at a regular or special member meeting by a two-thirds vote of the members present.
Section 2. Upon dissolution of this organization, assets shall be distributed for one or more public purposes to the City of Athens.
ARTICLE IX. CODE OF CONDUCT
STATEMENT- The Athens Farmers Market (AFM) strives to create a cooperative environment for its members and staff. Staff, members and their representatives are expected to be respectful and courteous at all times and places related to AFM business. Unacceptable conduct includes malicious behavior that a reasonable person would find hostile and offensive. It also includes blatant disregard for AFM rules. AFM prohibits retaliation against those who report or enforce rules related to unacceptable conduct.
REPORTING- Grievances must be submitted in writing (email or hard copy) to the market manager by a first-hand observer within 7 days of the incident. The written grievance must provide specific details about the alleged violator’s actions. The Market Manager will not act on hearsay, anonymous, vague, frivolous, or untimely complaints. If the conduct immediately threatens safety, contact the police before notifying the market manager.
RESPONSIBILITIES OF THE AFM - If the Market Manager witnesses or receives a report of unacceptable conduct or retaliation, he/she will notify the violator with a description of the infraction and the disciplinary action within 24 hours. The Market Manager may discipline anyone who engages in unacceptable conduct or retaliation according to the disciplinary actions below. Rules and regulations shall be consistently applied to all members. Disciplinary actions may include:
Written warning for initial or minor offenses
Dismissal from the Executive Committee, if applicable
Other action up to and including dismissal from the market without refunding dues paid for repeated or major offenses
The Market Manager will notify the Executive Committee of the report and actions taken. That information will remain confidential.
APPEAL- An appeal to the Executive Committee may be made to dispute a disciplinary action that is thought to be unwarranted. It must be received in writing within 7 days of notification of the disciplinary action. The Executive Committee will respond with a final decision within 7 days of receipt. The Market Manager’s initial decision will remain in effect during the appeal process.