PART 170—USDA FARMERS MARKET Authority: 5 U.S.C. 301; 7 U.S.C. 1621-1627. Source: 70 FR 76131, Dec. 23, 2005, unless otherwise noted. § 170.1 To which farmers markets does this rule apply? This rule applies only to the USDA Farmers Market at headquarters on the corner of 12th Street & Independence Avenue, SW., Washington, DC. § 170.2 Is the USDA Farmers Market a producer-only market? Yes. A producer-only market is one that does not offer agricultural products that are commercially made, created, or produced, and only allows agricultural products that are grown by a principal farmer. A producer-only market offers raw agricultural products such as fruits, vegetables, flowers, bedding plants, and potted plants. The USDA Farmers Market is a producer-only market since only farmers who may sell products that they grow or produce will be selected for participation. It also allows the sale of value-added products and other specialized non-produce items. § 170.3 What products may be sold at the USDA Farmers Market? Products that may be sold at the market include, but are not limited to, fresh, high-quality fruits, vegetables, herbs, honey, jams and jellies, cheese, vinegars, cider, maple syrup, fish, flowers, bedding plants, and potted plants. USDA inspected meats and poultry items also may be sold. § 170.4 Who may participate in the USDA Farmers Market? Members of three groups may participate in the USDA Farmers Markets: (a) Principal farmers or producers who sell their own agricultural products. (b) Principal farmer or producers who sell their own value-added agricultural products. (c) Nonproduce vendors. § 170.5 Is there a fee to participate in the USDA Farmers Market? No, there are no fees charged to participate in the market. § 170.6 How are potential market participants identified for the USDA Farmers Market? Potential market participants are recruited by AMS market management through local farm organizations in the Washington DC metropolitan area State Departments of Agriculture from the mid-Atlantic region including, Virginia, West Virginia, Maryland, Delaware, and Pennsylvania. Upon receiving a list of potential farmers and vendors from the organizations and the State Departments of Agriculture, an information packet, which includes an application and this rule, will be mailed to each potential participant identified by the contacts. § 170.7 Can I apply if I am not recruited? Yes. Interested persons may call or write USDA to request an information packet even if they are not recruited. Those interested may write USDA/AMS/TM/MSB, Room 2646-South Building, 1400 Independence Avenue, SW., Washington, DC, 20250, or call (202) 720-8317. They may also call the USDA Farmers Market Hotline at 1-800-384-8704 to leave a message to have a packet mailed or faxed. They may also visit the web site at http://www.ams.usda.gov/farmersmarkets/ § 170.8 What are the application procedures? In January of each year, prospective and returning participants must submit to USDA a completed application for participation in the upcoming market season. Each application will include a copy of this rule, which includes the selection criteria and operating guidelines. Each applicant also will certify that each is the owner or representative of the farm or business submitting the application. § 170.9 What type of information does the application require? The application for participation in the USDA Farmers Market will provide market management with information on contacts, farm location, type of farming operation, types of products grown, and business practices, including insurance coverage. § 170.10 Must a participant in the market have insurance? There is no requirement for a participant to have insurance; however, USDA asks that participants with insurance provide insurance information for our records. § 170.11 How are farmers and vendors selected for participation in the USDA Farmers Market? USDA reviews all applications and selects participants based primarily on the type of farmer or vendor (i.e., fruit, vegetable, herb, baker) and secondly, on the specific types of products to be sold. The selection of the participants is conducted by the market management to ensure a balanced product mix of fruits, vegetables, herbs, value-added products, and baked goods. § 170.12 What are the selection criteria for participation in the USDA Farmers Market? The selection criteria are designed to ensure a consistently high level of quality and diverse products are available at the market, while operating in the constraints of space available at the market site. The criteria are: (a) Member of one of the three participant groups specified in § 170.4 of this part. (b) Participant offers a product that adds to a product mix. (c) Willingness to Glean. (d) Commitment to market. (e) Grandfather provision. § 170.13 What are the operating guidelines for the USDA Farmers Market? (a) Market operation. (b) Notification of attendance. (c) Participant space. (d) Signage. (e) Clean-up. (f) Cooperative marketing. (g) Farm/Business visits. (h) Conduct on Federal property: § 170.14 What circumstances will prevent participation in the USDA Farmers Market? (a) Efforts will be made to accommodate all who apply to participate in the market. However, market management may deny participation in the market because of insufficient space or excess supply of the products to sell, failure to meet the stated criteria, or the participant's noncompliance with the operating guidelines or regulations. (b) Participants who sell before the 10 a.m. opening time will be restricted from participating in the market following their second violation. A written warning will be given to the participant for the first violation of this guideline. After the second violation occurs, a letter of reprimand will be given to the participant restricting their participation for the next immediate market day. (c) Participants who arrive after the 10 a.m. opening time may be restricted from participating in the market following their second violation. A written warning may be given to the participant for the first violation of this guideline. After the second violation occurs, a letter of reprimand may be given to the participant restricting their participation for the next immediate market day.