Market Vendor Guidelines and Application
Definition of Vendor Categories
Farmers: Fruits, vegetables, herbs, flowers, other agricultural products. Honey sales are included.
Cottage Food: The Dayton Farmers Market will observe the “ Cottage Food” regulations defined by the Texas Department of State Health Services. Please read the attachment “Cottage Food Production Operation” for further information or visit http://www.dshs.state.tx.us/foodestablishments/cottagefood/faq.aspx
Backyard Gardener: Residents with seasonal produce from their backyard.
Fresh Farm Eggs: Eggs that are produced by a backyard flock. For fresh egg sales regulations please go to https://dshs.texas.gov/foodestablishments/farmersmarkets.aspx.
Meat & Poultry: Vendors with cattle and poultry that are raised on their land.
Green/Sustainable Living Products: Vendors with items that encourage self-sustainable living and green practices may participate in the market on a first-come-first-serve basis by reservation in advance. (Examples: “Green” household cleaners, rain barrels, compost, etc.).
All vendors must comply with all applicable city, county, state, and federal health regulations and permits at all times. It is each vendor’s responsibility to provide current copies to market management as well as to keep copies at the market to be available for inspection by government/ municipality officials.
- Venders must be located within a 60-mile radius to participate in the Dayton Farmers Market.
- The vendor must be knowledgeable about the product, how it is used, grown or produced and be able to clearly communicate to customers.
- Vendors must represent their products in an honest and non-deceptive manner at all times, both in written form on signs and in oral form during a conversation.
- Every vendor should be prepared for all types of weather including cover for rain or sun and weights for winds.
- Cancellation: Vendors are required to send a written cancellation by email to email@example.com or in person at 111 N. Church St. Monday-Friday, 8 a.m. to 5 p.m., by end of the day Thursday before the market weekend before the next upcoming Farmers Market. If a vendor does not attend the market without appropriate notice, the vendor will not be able to return to the market as a vendor for two consecutive market dates. Exceptions to the rule will be made on an individual basis.
- Liability insurance for all vendors is strongly recommended.
Farmers/ Dayton Backyard Gardeners:
- Farmers and Dayton Backyard Gardeners are responsible for cleaning produce before displaying them.
- Vendors with fruits and vegetables as organic must carry the USDA organic seal. Vendors must show proof of the USDA organic certification. Guidelines are available www.ams.usda.gov/nop/nop/standards.html
- Any produce leftover needs to be placed in the dumpster provided by the Dayton Planning Department.
- The sales price of the displayed produce must be visible and easy to read for the customer.
- Honey for wholesale or sale over the internet must be processed and properly labeled by an entity that has a food manufacturer’s license. Visit http://dshs.texas.gov/food/forms.aspx for more information.
- Exemptions: “small honey producers”, defined as a beekeeper that:
- Produces less than 2500 pounds of honey each year.
- Sells the honey personally or honey is sold by an immediate family member.
- Honey must be produced from a hive that is located in Texas and owned and managed by that beekeeper.
- Delivers the honey or honeycomb to the consumer or sells it directly to the consumer at the beekeeper’s home, another designated location or at a farmers market, a farm stand or a municipal, county or nonprofit fair, festival or event.
- In addition to the standard required labeling (name of the product, net weight statement and name, and address of business) all containers must have an additional statement, “ bottled or packaged in a facility not inspected by the Texas Department of State Health Services.”
- Honey producers that do not meet the definition of “small honey producer” as outlined in Senate Bill 1766 will have to license as a food manufacturer and will be subjected to regulation under the Current Good Manufacturing Practices (GMPs).
Cottage Food Vendors:
- A vendor who operates a cottage food production operation must successfully complete a basic food safety education or training program for food handlers accredited under Health and Safety Code, Chapter 438(D) by January 1, 2019. Please find attached a list of contacts regarding the food handler training.
- Vendors with products labeled as organic must carry the USDA organic seal. Vendors must show proof of the USDA organic certification. Guidelines are available at www.ams.usda.gov/nop/nop/standards.html
- Foods sold by a cottage food production operation must be packaged and labeled. The food must be packaged in a manner that prevents product contamination, except for foods that are too large or bulky for conventional packaging. The labeling information for foods that are not packaged must be provided to the consumer on an invoice or receipt. The label must include:
- The name and address of the cottage food production operation.
- The common or usual name of the product, if a food is made with a major food allergen, such as eggs, nuts, soy, peanuts, milk or wheat that ingredient must be listed on the label.
- A statement “This food is made in a home kitchen and is not inspected by the Department of State Health Services or a local health department.”
- Labels must be legible.
- NO RE-SELLING ALLOWED
Fresh Farm Egg Sales:
To sell farm eggs at a farmers' market the following is required:
- You must have a temporary food establishment license ii.
- Eggs must be maintained at an ambient air temperature of 45°F and below
- Eggs must be properly labeled as "ungraded" with safe handling instructions.
Meat and Poultry Sales:
- Meat or poultry products must come from animals processed in compliance with the regulations for livestock processing (Texas Health & Safety Code Chapter 433) and a temporary food establishment permit is required. https://dshs.texas.gov/foodestablishments/farmersmarkets/faq.aspx#22
- Vendors must conduct themselves courteously and professionally. Vendors must treat all customers, staff, and fellow vendors with respect at all times. If the vendor/agent manning the booth is found not to be attentive to customers, notice will be given to the vendor and corrective measures may be taken.
- No loud or aggressive promotion is permitted.
- No smoking is permitted within the farmers' market event area. No consumption of alcoholic beverages or illegal drugs is allowed in the event area.
- Each vendor is entitled to a 10’x12’ space. All shelters or canopies must be straight legged and be attached to weights to hold down the tent. Vendors must restrict merchandise and tables to within designated booth space unless authorized by Management.
- All vehicles must be removed from the event area with vendors set up and ready to sell 30 minutes before opening (8 a.m.). Vendors must leave promptly after closing(1 p.m.) unless otherwise approved by management. No selling before 8 a.m. and no tear down before 11 a.m.
- Vendors need to provide their own tables, tents, and chairs. Each vendor is responsible for their booth setup/tear down. All produce must be under a covered area.
- All items should be displayed off the ground whenever possible.
- Vendors are responsible to clean produce before selling.
- Vendors must keep their space and their equipment in a clean, safe and hazard-free condition. At the end of the market, each vendor must leave their selling area clean, with all trash removed.
All vendors wishing to provide samples must:
- Distribute the samples in a sanitary manner.
- Wash any produce intended for sampling with potable water to remove soil or any other visible material.
- Wear clean, disposable plastic gloves or observe proper hand washing techniques at all times while handling samples.
- Use smooth, nonabsorbent, and easily cleaned (i.e.metal or plastic) utensils and cutting surfaces for cutting samples, or use disposable utensils and cutting surfaces.
- Maintain any samples and remaining produce at or below 41° F or discard within two hours after cutting or preparation.
Tax Permit Requirements:
Sales Tax: Vendors must comply with all the tax permit guidelines. Each vendor is responsible for reporting all taxable sales to the state comptroller’s office for any questions regarding sales tax permits. Please contact the office of the comptroller’s office of public accounts at 1-800-252-5555 or visit comptroller.texas.gov.
The Dayton Planning Department is committed to offering a Farmers Market located at the Crossroads to support local consumers and farmers.
For more information contact Shylah Shewmake at the Dayton Planning Department. 936-258-2642 ext 1128 or firstname.lastname@example.org.
The Liberty County AgriLife Extension Office can be contacted for your FAQ’S at 936-334-3230 or online at https://liberty.agrilife.org/