What is a Certified Farmers' Market?
Answer: A Certified Farmers' Market (CFM) is a market
where farmers sell their crops and other agricultural commodities
directly to the public. The county agricultural commissioner must
approve the location of a CFM and must certify that the farmers selling
at the market are selling commodities of their own production.
Participants cannot purchase agricultural commodities and then resell
them at a CFM.
What are the differences between a certified producer and a
producer?
Answer: A certified producer is an individual or
entity whose "farming activities" have been verified by the County
Agricultural Commissioner, and who has obtained a Certified Producers
Certificate (CPC). Inspection of the production location(s) is necessary
to verify that the producer has practiced the agricultural arts and
produced the fresh fruits, nuts, and vegetables, shell eggs, honey,
nursery stock, and cut flowers.
Only a certified producer may sell the certified agricultural products
listed above at a Certified Farmers' Market (CFM). They may also sell
other agricultural products they have produced. A Certified Producer is
exempt from size, standard pack, container, and most labeling
requirements.
A producer who does not wish to become certified may sell their products
at or near the property where they are produced. The nearest main paved
county or primary road is usually considered acceptable proximity. A
producer is not exempted from size, standard pack, container, and
labeling requirements.
What is the procedure for issuing a certified producer's
certificate?
Answer: Upon determining that the producer meets the
requirements, the County Agricultural Commissioner will issue one
original certified producer's certificate, which will be maintained in
the Commissioner's office. The County Agricultural Commissioner will
issue the requested number of photocopies which shall be embossed.
What's the procedure to amend a Certified Producer's Certificate
(CPC)?
Answer: If a certified producer wishes to amend a
certificate, all embossed copies originally issued must be returned to
the County Agricultural Commissioner. The necessary changes can then be
made to the original file and new embossed copies issued to the
producer. There is a $5.00 fee to amend a certificate.
Products
What agricultural products must be certified by the County
Agricultural Commissioner if sold at a CFM?
Answer: Fresh fruits, nuts, and vegetables, shell
eggs, honey, nursery stock, and cut flowers must be certified.
What is a "non-certifiable agricultural product" that may be found in
a CFM?
Answer: Products which are considered as
non-certifiable include processed products from certified agricultural
products, such as fruit and vegetable juices, shelled nuts, and jams and
jellies. Other examples include catfish, trout, and oysters from
controlled aquacultural operations, livestock and livestock products,
and poultry and poultry products.
Though these products are not "certified," they must have been produced
or derived from plants or animals raised or produced by the producer.
These processed products may include, or have in them a limited number
of ingredients of additives which act only as preservatives or are
essential in the preparation of the product. Examples include pickles
and cucumbers in brine or vinegar solution for curing or pickling,
natural smoking of meat or poultry for drying and preserving, flavorings
such as smokehouse, hickory, or jalapeno added to shelled nuts which do
not change the visual identity of the product, sulfites added to dried
fruits and vegetables, and sugar, fruit juices, and pectin added to
fruits to make jams and jellies.
What requirements must a producer meet to sell nursery stock, such
as vegetable plants or potted perennials at CFM?
Answer: You need to obtain a California License to
Sell Nursery Stock. The applicant's nursery stock production must be
verified by the County Agricultural Commissioners. The applicant
requesting certification for nursery stock must provide the Count
Agricultural Commissioner with a detailed list of the genus, genus
species, or the common name and variety of each type of tree, vine,
plant or shrub. The applicant may be eligible for a Fee-Exempt Nursery
License if your production and sales are only in Shasta County and will
not exceed $1,000 in a year.
Is it required to obtain a nursery license for selling cut flowers
at a CFM?
Answer: No.
What requirements must a producer meet to sell honey and/or shell
eggs at a CFM?
Answer: The applicant's production must be verified
by the County Agricultural Commissioners prior to being certified. The
on-site visit will verify ownership of the birds or hives.
Beekeepers are only certified in their primary county of operation.
Since they must "register" in each county were the hives will be placed,
the County Agricultural Commissioner can verify locations outside their
county by contacting the other County Agricultural Commissioners. The
certificate will show the number of hives and the projected amount
(pounds) of honey to be produced and marketed. Since the regulations
apply only to California producers, only honey which was derived from
bees and hives within the boundaries of California may be sold at CFMs.
All egg producers are required to register with CDFA and comply with all
applicable laws and regulations. The certificate will show the number
of birds and the projected volume of eggs (cartons or dozens) to be
packed.
What is the "designated area" of a CFM and why is the sale of
non-agricultural products prohibited in this area?
Answer: The designated area is that area described in
the application as the location of the CFM. The applicant(s) must provide a map showing the proposed "layout" of the
market.
Non-agricultural products for sale are not allowed in the certified
section of the market.
The exclusion of non-agricultural products is intended to maintain the
intent and integrity of a CFM, which is the direct sale of products
produced solely by the producer.
Can nonagricultural products be sold within the general proximity of
the designated area of a CFM?
Answer: Yes, provided the point of sale of the
nonagricultural products is separate and apart from the CFM's designated
area. Suggestions to comply with this requirement include placing signs
or posters to designate the areas, use of rope or barriers to separate
the areas, or by simply separating the areas by enough distance so that
the public knows the areas are separate and apart.
Selling For Other Certified Producers / Partnerships
What conditions must be met for a certified producer to sell for
other certified producers at CFM?
Answer: This selling activity is allowed only when
specified in the CFM's rules and regulations. If not specified, a
certified producer or their agent may only sell those agricultural
products which they have produced, and which appear on their
certificates.
The certified producer selling for no more than two other certified
producers must also be selling agricultural products which they have
produced. All products must be separated and identifiable by each
embossed certified producer's certificate. All names must be added to
the certified producers' certificates by a County Agricultural
Commissioner.
I wish to sell for other Certified Producers, what is required?
Answer: The California Code of Regulations (CCR)
Section 1392.4 (g) requires that a written authorization agreement
between the parties be presented to the issuing Agricultural
Commissioner prior to the issuance of a certificate. In addition, the
names of the certified producers you represent must be on your
certificate. You may sell for no more than two other producers during a
twelve-month period.
I have authorized other Certified Producers to sell for me, what is
required?
Answer: Their names must be on your certificate, and
written authorization must be presented to the issuing Agricultural
Commissioner prior to the issuance of their certificate. No more than
two producers may sell for you in a twelve-month period.
What are some examples of payments allowed for services of a
producer selling for another producer?
Answer: Sharing stall fees and fuel, etc. Commission
sales of buying and re-selling are prohibited.
When selling for another producer and that producer's product runs
out halfway through the season, can another certified producer fill in
for that position?
Answer: Yes, but only if one other second certificate
is available (only valid if both certificates are amended by the County
Agricultural Commissioner).
Can a certified producer sell produce grown by a university?
Answer: Yes, if utilizing a second certificate and
the university has a certified producer's certificate.
What are financial and material resource inputs in a farm
partnership?
Answer: Money, tractors, fertilizer, labor, seed,
pesticides, etc.
I am currently in a farming partnership, leasing the property I am
farming, or producing products under a sharecropping or similar
contractual agreement. What will be required?
Answer: CCR Sec. 1392.9 (.1 and .2) requires that
proof of partnership or a copy of the current written contractual
agreement be provided to the issuing Agricultural Commissioner at the
time of application. The agreement must contain the following:
- A clear description of the property location, size, and present use.
- The date of the agreement.
- If a partnership, proof of partnership and disclosure of the degree
of financial and material involvement of each party.
- If property is leased, a copy of the lease specifying the cost and
terms of the lease.
- A NOTARIZED signature of all parties.
Are partnership agreements and lease agreements required to be written and notarized?
Answer: Yes, a copy of a current written lease or
proof of partnership agreement is required.
Does every partnership and farm lease agreement under Section 1392.9.1 and Section 1392.9.2 require notarized signatures on all agreements of all parties at time of certification and renewal?
Answer: Yes, notarized signatures are required for
all partnerships and farm lease agreements.
If one parcel of property has five owners and each has a percentage of the property, what would be the requirements if one producer wants to apply for a certified producer's certificate?
Answer: The certified producer shall specifically designate that portion of the property and the specific crops under their control.
Packaging
Do you sell agricultural products in closed, prepackaged containers?
Answer: If yes, the packages must be labeled with
your name, address and zip code, and have a declaration of the product
identity and net quantity contained in the package - Food and
Agricultural Code (FAC) Section 47002(c).
Do you sell agricultural products by weight?
Answer: If yes, weight must be determined by a scale
approved by the State of California, registered and sealed by a County
Sealer of Weights and Measures.
What are CURFEL and the Sherman Food and Cosmetic Law, and when must producers selling at CFMs comply with their applicable requirements?
Answer: CURFEL, which is the acronym for California
Uniform Retail Food Facilities Law, and the Sherman Law specify
requirements for the sale of agricultural products at CFMs. The
regulations address the sale of processed products which potentially
create a health risk to the consumer. The applicable provisions of these
two laws are already being enforced by state and county health
agencies. They were included in the regulations to specify applicable
requirements that must be met when selling products at CFMs or roadside
stands at or near the production point.
Are there other agricultural products besides fresh fruit , nuts and vegetables exempt from applicable size, pack, container, and marking laws and regulations?
Answer: No, all other products must comply with all applicable rules and regulations.
Rules, Regulations, and Responsibilities of a Certified Farmers'
Market
What types of regulations may a market adopt which are more stringent than the established state rules and regulations?
Answer: The market's rules and regulations my specify
restrictions or requirements pertaining to the type and number of
producers and certified producers, and the type and number of certified
and non-certifiable agricultural products, in order to establish and
maintain a "good" balance of agricultural products. For example, a
market may specify that a maximum of 20% of the sellers may sell
tomatoes. Another example is a certified producer selling for another
certified producer. The market rules can specify that a certified
producer may only sell for one other certified producer during the year.
Who is responsible for ensuring certified producer's have a valid certificate?
Answer: The California Department of Food and
Agriculture (CDFA), County Agricultural Commissioners and CFM managers
are responsible.
Who is responsible for ensuring a certified producer selling on behalf of another certified producer is selling a greater volume than the producer he/she is selling for?
Answer: CDFA, County Agricultural Commissioners, and CFM managers are responsible.
Who is responsible for ensuring that sellers of non-certifiable agricultural products comply with the direct marketing regulations?
Answer: County Agricultural Commissioners, CDFA, and CFM managers.
What criteria should the County Agricultural Commissioner apply when issuing a certificate which is valid for less than 12 months?
Answer: Certificates should be issued only after
planting. The effective period should coincide with the general growing
and harvest season. For example, a producer growing melons and assorted
vegetables must be issued a seasonal certificate with an effective date
of April (after planting) and an expiration date in September (when
harvesting is normally completed). If product is stored, the storage
location listed on the CPC should be verified.
What activities may the County Agricultural Commissioner charge for when issuing certificates?
Answer: A fee may be charged for costs relating to
issuing the original certificate, renewing an expired certificate, or
amending a current certificate. A fee may also be charge for each
embossed copy of the certificate issued to the certified producer.
Which County Agricultural Commissioner initiates the notice and hearing process to consider certificate revocation, the issuing county or the designation county where the alleged violation(s) occurred?
Answer: The regulations specify that any County
Agricultural Commissioner may initiate the process after alleged
violation(s) have occurred. Regardless of who initiates the process,
findings which result in the certificate being revoked are applied on a
statewide basis for the period of time determined by the County
Agricultural Commissioner.
How do the regulations affect participants whose actions result in the revocation of a certificate?
Answer: Individuals who act for and represent
certified producers are subject to enforcement action should their
actions result in violations of the regulations. For example, an
employee who fraudulently misrepresents the certified producers may be
subject to revocation of their participation rights in all direct
marketing activities. If such findings are determined by the County
Agricultural Commissioner, they may specify the time period in which the
employee cannot participate in any phase of direct marketing. However,
certified producers are liable for the actions of their agents. Actions
by their agents may result in the revocation of the certified producer's
certificates as well.
This provision also applies to certified producers who have had their
certificate revoked, either as a result of the circumstances noted
above, or when violations have been issued directly to the certified
producer. If the certificate is revoked, the certified producer may also
not be allowed to participate in any phase of direct marketing,
including becoming an employee of another certified producer, or as a
family member for another certified producer.
How long may the County Agricultural Commissioner revoke a certificate after violations have been determined?
Answer: The County Agricultural Commissioner has
discretion in determining the revocation period for the certificate. The
maximum period is 18 months.
Load Lists and CFM Managers
Are non-certifiable agricultural products such as olive oil, dried fruit, jams, etc. required on load sheets?
Answer: No, only certified products listed on the certificate must be represented on the load list.
Do CFM managers need to collect load lists daily?
Answer:Yes, and the records must be maintained for not less than eighteen months.
Are the varieties of products such as potted herbs (oregano, basil, rosemary, etc.), kale, lettuce required on load lists?
Answer: Yes, the identity of the products as listed on the certified producer's certificate are required.
Can a market manager ask the producers what the retail price is on their products?
Answer: Yes, if provided in market rules or to determine compliance with second certificates or provisions for load list compliance.
Can commercial enterprises such as restaurants purchase agricultural products at CFMs?
Answer: Yes, regulations allow these types of
transactions. However, all certified and non-certifiable agricultural
products, including fresh fruits, nuts and vegetables, may only be sold
to "non-consumers" when complying with all applicable regulations,
including standard pack, standard containers, and labeling requirements.
Miscellaneous
Does the veteran's exemption apply to the new $2.00 CFM fee?
Answer: No, the fee is assessed to the CFMs only, not producers.
What is considered "at or near the point of production" when a producer is directly marketing products?
Answer: A point or location that normally does not extend beyond the first paved county or primary road.