These Rules and Regulations are mandatory for all Market participants ("PARTICIPANTS") including their agents and employees. They are subject to change. PARTICIPANTS are required to read these carefully before signing their Applications.

GENERAL RULES

1. Dates and Hours

Every Thursday
March 18th through November 18th 2010
March - May: 2-6pm
June - Aug: 2-7pm
Sept - Oct:2-6pm
Nov - 2-5:30pm

2. Set Up/Arrival/Attendance/ Departure

a. Set up may begin at 12:00 pm; not earlier
b. Arrival: no later than 1:30 pm. Those arriving later, without giving sufficient notice to the Market Manager ("MANAGER") may forfeit their space and may not be permitted to participate that day.
c. Attendance. PARTICIPANTS are required to give 24 hour notice to the Manager if they will not be attending the market.
d. Departure. PARTICIPANTS must stay until the close of the market at 6:00 pm. They are not permitted to dismantle their tent or table before the close of the market unless
(1) They completely sell out of all their items
(2) They experience a personal emergency. Departure must be coordinated with the MANAGER to ensure it is done safely and with minimal disruption to the market.

3. Market Cancellation Information

843-415-2447 or www.farmersmarketbluffton.com

The market will be cancelled in the event of any weather conditions that the MANAGER deems to be unsafe. If the market is cancelled, no PARTICIPANT will be allowed to sell his/her product at the site of the market that day.

4. Tents and Spaces

a. Tents. Each participant is responsible for providing his/her tent. If any vendor cannot provide their own tent, they may rent one from the Market. Tent must be weighted and secure to ensure that it will not be blown over " Tent size shall be the standard size (approximately 10 X 10)
b. Space Assignments. Made by MANAGER " PARTICIPANTS who prepay fees will have priority regarding space selection " Those who participated last year will have priority over new PARTICIPANTS " Growers are always given preference over other PARTICIPANTS. " Spaces and tents must remain clean and barrier free at all times. Littering is prohibited. All refuse must be removed from the market by PARTICIPANTS.

5. The Market Manager

Is authorized to assign spaces, enforce all rules and regulations of the market, collect fees and handle all disputes. The managers contact info is:

Charles "Chip" Wallace
843-415-2447 manager@farmersmarketbluffton.com

6. Market Fees and Licenses

The Board of Directors sets space rental fees and may waive them at its own discretion. The MANAGER will collect fees in advance or during each market. The 2010 market will run 36 weeks. Half Season schedule is March 18th-July 15th or July 22nd-Nov 18th. Fees are for a 10x10 space, additional fees will apply if a vendor requires more than one space. Produce vendors are allowed to have their vehicle accompany their space at no additional charge, provided they are not using it as a sales display. i.e. selling watermelons out of the back of a pickup truck etc...

Fee Schedule

Local Growers & Produce Sellers
$15.00 per week $10 each additional space
$460 prepaid Full Season
$250 prepaid Half Season
50% surcharge per additional space for full or half season


Food Vendors*
$25.00 per week $20 each additional space
$765 prepaid Full Season
$400 prepaid Half Season
50% surcharge per additional space for full or half season

*Food vendors are required to have a business license from the Town of Bluffton

Small Business Sponsors
A single day sponsorship fee of $50 entitles any local small business to promote themselves for the duration of the Market on that day. No business may take place, however said business can hand out literature, coupons and collect e-mail addresses etc...

Non Profit
(Churches, schools, nonprofit organization) No charge

Tent & Table Rental Fees
Anyone needing a tent or Table may rent them from the Market on a day to day basis. Tents are also available seasonally
$10 per Tent per Day
$100 per Tent per Half Season
$180 per Tent per Full Season
$5 per table per day**

**Due to limited availability of tables, they are only available day to day on a first come first serve basis. Tents and table fees do NOT apply to non-profit groups.

7. Insurance:

The Farmers Market of Bluffton ("MARKET") does not carry insurance to cover PARTICIPANTS. PARTICIPANTS are required to be responsible for their own personal, general and product liability insurance. The Town of Bluffton, Beaufort County, the Carson Cottages and the MARKET shall be reimbursed for any damage to their properties by any PARTICIPANTS, including but not limited to damage to grounds, vehicles, fencing, sidewalks, tents and any other property owned by or associated with the MARKET or the other entities written above.

8. Complaints:

PARTICIPANTS are responsible for effectively addressing complaints from their customers; however, the MANAGER will get involved if there are repeated complaints about a specific PARTICIPANT, and repeated customer complaints regarding a specific PARTICIPANT may result in the expulsion of that PARTICIPANT from the market. The MANAGER will also address complaints between the PARTICIPANTS.

FOR ALL MARKET PARTICIPANTS AND MARKET CUSTOMERS:

A. Abusive, profane, threatening or harassing language or actions toward market staff, other PARTICIPANTS or market customers is prohibited.
B. Individuals knowledgeable of the items for sale must be working at each PARTICIPANT=s display
C. Children under the age of 14 will not be permitted to sell unless an adult who is knowledgeable about the item(s) for sale is present.
D. PARTICIPANTS will dress appropriately for working with the public.
E. Fraudulent, dishonest or deceptive merchandising is prohibited.
F. False packs and incorporating the exposure of the best products at the top of a package with inferior products packed below is prohibited.
G. Pets are prohibited in the market area.
H. Solicitations for products, services or charitable contributions are NOT permitted except with the express permission of the MARKET Board of Directors.
I. Children under 10 years of age must be accompanied by a responsible adult.
J. PARTICIPANTS are responsible for their own actions and those of their employees and/or agents.
K. Firearms, fireworks, gambling, disorderly conduct or the use of alcohol or drugs by PARTICIPANTS or their employees or agents, or market customers is prohibited.
L. The selling of live animals (i.e. livestock, domesticated animals, etc.) is prohibited.
M. Selling and distribution of Alcoholic beverages are prohibited.
O. Smoking is prohibited.

The Farmers Market of Bluffton promotes itself as a market of local, fresh produce. The following is a statement on the Market's position on this

As a Board, we are striving to have a market of integrity. To accomplish this, we have a goal, first and foremost, to bring to the consumers fresh produce from LowCountry growers, thereby promoting and stimulating the LowCountry agricultural economy. We do accept growers from southeast Georgia, because of its proximity to our area. We do accept produce from other regions of South Carolina (when the same produce is NOT available in the LowCountry) and we will accept produce from North Carolina, if and only if, that produce is not available in South Carolina. During the fall when pumpkins are in demand, we may have to seek those from another state. The MANAGER will remove from display any produce that does not meet these criteria and the participant will be given a warning.

"GROWER" RULES

In addition to the General Rules, Growers must comply with the following: To be considered an eligible "Grower", the PARTICIPANT must be a person who grows products from seed propagation or plugs and harvests them for sale, and complies with the 50% rule described below.

1. Grower Application and Field Visits
Growers must complete and sign the Grower Application stating that they understand and agree to comply with the Rules and Regulations of the market. Field site visits may be conducted for Growers. The MARKET is not required to announce or schedule field site visits. Failure by the Grower to cooperate with the MARKET and/or agents from the Clemson University Extension Services regarding field site visits may result in expulsion from the MARKET.

2. 50% Rule
Growers must grow 50% of the items for sale in their display. Produce purchased from another source, even another Lowcountry farm, shall not be considered part of a Grower's harvested 50% (e.g. if a Grower sells 4 self harvested items, that Grower may sell 4 items purchased from others). The 50% rule is effective from the second Thursday in May until the second Thursday in July, and from the first Thursday in September until the last Thursday in October. The MARKET may waive the 50% rule due to unusual weather or climate conditions.

3. Produce Signage
a. Growers agree to display a sign at their display which indicates their farm name and location. The MARKET will provide this sign.
b. Growers agree to display signs indicating the name and the price of each item for sale. These signs will be displayed so that customers can easily see them. The MARKET will not provide any such signs.
c. Growers agree to display signs adjacent to items purchased from others clearly indicating that those items were in fact purchased from others. The signs will be displayed so that they can be easily read by customers. The signs will include the words Apurchased from@ and they will state the location from which the items were purchased. The MARKET will not provide any such signs.
d. Growers who grow 100% of the items they sell may display signs indicating this to customers. The MARKET will provide this sign.

4. Organic Produce and Certified Naturally Grown (CNG) Produce

If any item for sale is labeled organic, the grower must show proof of certification from a USDA licensed certifier. Growers whose annual sales do not exceed $5000 and can demonstrate that they meet organic standards may label products as organic, but they must follow the USDA regulations and be prepared to present the MANAGER with documentation. Only USDA certified organic growers may display the USDA organic seal. Products which are certified naturally grown (CNG) may not use the word organic but may display the CNG label. Proof of certification must be supplied to the MANAGER

"LOCAL PRODUCE SELLER" RULES

Many growers have excellent produce but are unable to attend a weekly market. Therefore, the Market has a new category "Local Produce Seller" for those people who grow less than 50% of the items they sell at their display AND who purchase the other items from growers in a 100 mile radius from Bluffton. This produce should be primarily from growers located in Beaufort, Jasper and Hampton Counties.

In addition to the General Rules, Local Produce Sellers must comply with the following:

1. Local Produce Seller ("LPS") Application
LPS must complete and sign the LPS Application stating that he/she understands and agrees to comply with the Rules and Regulations of the market.

2. Produce Signage
a. LPS agrees to display a sign at his/her display which indicates the farm/s from which the produce was harvested. The MARKET will provide this sign.
b. LPS agrees to display signs indicating the name and the price of each item for sale. These signs will be displayed so that customers can easily see them. The MARKET will not provide any such signs.

3. Organic Produce and Certified Naturally Grown (CNG) Produce

If any item for sale is labeled organic, the LPS must show proof of the grower's certification from a USDA licensed certifier. Growers whose annual sales do not exceed $5000 and can demonstrate that they meet organic standards may label products as organic, but they must follow the USDA regulations and be prepared to present the MANAGER with documentation. Only USDA certified organic growers may display the USDA organic seal. Products which are certified naturally grown (CNG) may not use the word organic but may display the CNG label. Proof of certification must be supplied to the MANAGER

FOOD VENDOR RULES

In addition to the General Rules, Food Vendors must comply with the following:

1. Food Vendor Application Food Vendors must complete and sign the Food Vendor Application stating that they understand and agree to comply with the Rules and Regulations of the market.
2. The sale of resale items by Food Vendors is prohibited but multiple food vendors may share a single tent.
3. All Food Vendors' products must complement the mission of the MARKET as determined by the Board of Directors.
4. All Food Vendors must be in compliance with S.C. Department of Health and Environmental Control (DHEC) rules and regulations. (Please refer to the "Food Service at Special Events" booklet). Food items prepared for sale must have been prepared in a DHEC or Department of Agriculture approved kitchen.
5. All Food Vendors must have a Town of Bluffton Business License.

SANCTIONS FOR VIOLATIONS OF MARKET RULES AND REGULATIONS

Any violation of the MARKET Rules as stated above or any violation of the laws of the state of South Carolina or Beaufort County or the Town of Bluffton or The United States of America will result in the following sanction(s) being imposed by the MANAGER:

1. First offense: a written warning from the MANAGER.
2. Second offense: a $25.00 fine.
3. Non payment of a fine: a one day suspension from the MARKET.
4. Third offense: a one day suspension from the MARKET.
5. Fourth offense: expulsion from the MARKET for the remainder of the season.

Appeals

PARTICIPANTS may appeal sanctions imposed upon them which do not involve suspension or expulsion from the market by writing to the MARKET Board of Directors within fifteen (15) days of the imposition of the sanction(s). The appeal must state the specific reasons for the appeal. The Board will render a written decision within fifteen (15) days of receipt of a PARTICIPANT=s appeal. The MANAGER will immediately forward in writing to the Board any sanctions of PARTICIPANTS that involve a suspension or expulsion from the market. PARTICIPANTS may request an appeal hearing with the Board in regard to any sanctions that involve suspension or expulsion from the market. The Board will schedule appeal hearings regarding suspensions or expulsion from the market within fifteen (15) days of receipt of a written appeal from PARTICIPANTS. The MANAGER will provide the appealing PARTICIPANT a copy of the sanction recommending suspension or expulsion. The MANAGER will give written notice of the date, time and location of a scheduled appeal hearing to the appealing PARTICIPANT. The Board may limit at its own discretion the amount of testimony and the number of witnesses permitted at an appeal hearing. The Board shall, by majority vote of those members present at an appeal hearing, render a written decision based on findings of fact and the application of the rules set forth in these Rules and Regulations within seven (7) days of the date of the appeal hearing. The decision shall be served upon all parties or their representatives and shall be final.