Several U.S. Cities Cracking Down on Farmers’ Markets

3 by Becky Striepe on June 10, 2010

Atlanta, Dallas and Cleveland among cities looking to regulate farmers markets

One complaint came from a citizen concerned about market safety. The other was from a vendor who was refused a spot in a local Atlanta market. What was that vendor looking to sell? Mobile phones. Sour grapes, anyone?

Part of regulating the weekend markets involves requiring permits, which is a big deal for these small ongoing markets. Organizers need to keep their prices low, so that small farmers can afford to come set up. Right now, they city is requiring the same permits that apply to large one-time events, such as a $250 administrative permit which must be renewed every 90 days.

Markets with more than 250 attendees also may be required to hire a public safety officer.

I spoke with Judith Winfrey, one of the organizers for the East Atlanta Village (EAV) Farmers Market. The EAV farmers market has been running for five years, boasting around 20 vendors and 250-300 shoppers each week. She talked about how the new rules were affecting them:

For the first time in 5 years, we have been required to obtain two permits from the City of Atlanta: The Special Administrative Permit and the Special Event Permit. Additionally, we are voluntarily obtaining a police officer to oversee the market and keep our vendors and shoppers safe.

Judith says that she's "found the city to be very cooperative in this process," and points out that "producer-only markets are very different from a flea market or arts festival. We are comprised of small, local farmers who are bringing their goods to sale directly from the farm." Atlanta does have regulations in place for other sorts of markets, but trying to apply them to farmers markets places an undue financial burden on the organizers and the farmers. Fortunately, the city is open to working out rules that will apply specifically to farmers markets.

The concern is what those rules will be and what fees will accompany them. Judith says that at the EAV market, they "charge our vendors just enough to pay for our costs. In that regard, even an extra $250 in fees is a signfigant line item in our budget." She seems hopeful that the city will be supportive but points out that we won't really know until we see the code that they're drafting.

City of Atlanta officials insist that they fully support farmers markets and only want regulations to help keep people safe.

Help a Farmer Out

The city is working right now to come up with the new code for intown farmers markets, and your voice matters! Slow Food Atlanta shared a great letter that you can send to Mayor Reed to let the city government know that you support our local farmers markets:

Dear Mayor Reed and City Government Leaders,
I am writing you as a constituent, to ask for your support in ensuring that local farmers markets are able to operate sustainably in our city. I appreciate the support your office has provided as your administration seeks to create a space for farmers markets in the city policies. I ask that the city not place undue burden, financial or otherwise, on our farmers markets as the policies are being drafted to govern their activities.

Sincerely, Farmers Market Supporter

Market Crackdowns in Other Cities

Atlanta isn't the only city where farmers markets have had regulation problems.

The Urbana Farmers Market in Champaign, Illinois had issues last year when the city enforced a rule banning the sale of home made baked goods. Like in Atlanta, problems arose when the city turned its attention to these markets. However, unlike the situation here, there was a long-standing law on the books about selling baked goods commercially.

Last summer in Cleveland, vendors at area markets faced shutdowns because of improperly refrigerating meat and dairy products. An old rule on the books required "mechanical refrigeration," which these small vendors couldn't afford. This makes sense in some ways from a public health perspective, but it feels like inspectors took things too far in some cases. Raw meat is one thing, but they shut down a pie vendor for improper refrigeration, despite him freezing the pies before heading to market and storing them in a cooler full of dry ice.

Vendors in Clevelend selling "potentially hazardous food" now have to apply for city licenses at $30 per week or over $200 per year. For a small farmer, that amount of money is a big deal.

Dallas had a similar situation last year where health inspectors were visiting markets and shutting down vendors that didn't have mechanical refrigeration for their cold foods or hot water to wash their hands. The Dallas Health Department wants these farmers to have quarterly permits, which the vendors say are cost prohibitive.

Reporting by Becky Striepe, editing by Timothy Hurst. Portions of this article originally posted at greenUPGRADER
Image Credit: Creative Commons photo by Lynn Epstein

http://www.myspace.com/joylee7 Joy Rapaglia

These new rules and fees are ridiculous. It is a farmers market, not a chain of super stores. Being in Maine, there are many farms, and thus many markets. They are a great way to get fresh produce, homemade items, and help the farmer earn money. It is a way of life for some, and they have been doing this for generations. I say, leave the people alone, and let them sell their goods in peace.
http://www.affps.com Patrick Dennis

As the owner of a company specializing in art markets and festivals I am shocked that so many fresh food markets in Atlanta have never applied for nor received any type of permit to operate for many years. After strong neighborhood demand, my company opened a local farmers market in Atlanta. (FYI: The City of Atlanta DOES have a permit process to operate and it’s not costly or difficult to obtain.) We made sure the farmers were protected with insurance, and operated legally. Suddenly other groups began agressively protesting our business because they got “caught” without a license or permit, and then took the protest to the media. We closed our small (non profit) farmers market in the interest of keeping the peace, but why does Atanta arbitrarily apply the law to some and not others? Isn’t public safety supposed to be for all citizens? I strongly support farmers markets but there should always be regulatory oversight for health, safety and tax purposes. Regulatory oversight does NOT impede the farmers ability to do business. IIn fact, it helps them by protecting them from potential harm. A permit and oversight requires the venue host to be a good and legal steward as required for all public events. If they refuse, then they are actually taking advantage of farmers and growers by taking their money and not following the law, exposing the market participants to possible fines up to $1000 each.
The City of Atlanta should wise up. Open air markets are good for the economy, encourage entrepreneurs and attract tourists. But they need oversight. Apply the ordinances to these events fairly, and business will continue to “bloom.”
Market Lover

I think the point that people are missing is simple, there are rules in place. Follow the rules and you can set-up and run, the same way that you have always run.

These are not the “same rules that apply to one time big events”, they have always been in place, even five years ago, trying to circumvent the process, by not following the rules simply got you in trouble. Their are safety concerns that need to be followed and permitting process, and when the rules apply to you, you cry foul. Secondly, the fees associated with these events are no more than what you – yes you – are charging the “farmers” and everyone else to be there for the day, take the one day collective fees that you charge and get the permit. SIMPLE.. then you’re in compliance, just like everyone else, even those that have the one day event.

WAIT!! here’s a thought, maybe the fees are too much for the people that have the ONE DAY event. I mean think about it,, you’re operating every weekend,, why should the ONE DAY events be charged a fee at all.. its only one day.

Folks,,, its simple, follow the rules.

I love markets, I visit and attend markets all around the rule, I think its exactly what the community needs, wants and enjoys. I think that cities should have markets, the more the better, Eastern Market in D.C. is a fine example of what can be done, and there are several in Atlanta that have really made a difference in many peoples lives.
So YES.. I think that markets should be allowed and should be permitted.

But, its simple,, follow the rules and guidelines put in place.

I’m not saying that the rules and guidelines don’t need to be fixed so that markets can happen… but, I do think that their should be rules,,, I mean who wants a trashy old flea market on every corner?

But to say that a $30 fee or $200 yearly fee is more than “some farmer’s market” is frankly a load of cow manure… that’s typically what they take home in one day,, and no I don’t mean $30.. smart $#@!.

How many “farmer’s” have said,, if I don’t make $500 or $1000 dollars its not worth my time.. their certainly not doing it for free.. their making money,, just like the big chains that have to follow all of the guidelines and rules,, so you don’t get sick…

Don’t be so narrow focused and look at the good that can come out of this..

Crying foul because you got caught not following the rules… sounds like my two and three year old, crying because they get caught…