Market Rules and Objectives

Milwaukie Farmers Market

Operated by Celebrate Milwaukie, Inc.

a 501(c)(3) nonprofit organization

The objectives of the Milwaukie Farmers Market (Market) are:

(a) To give the community access to a wide variety of fresh, local, in-season farm products direct from the producer.

(b) To provide a centralized location for local producers to market directly to the buying public.

(c) To provide an informal, social gathering place in an open-air setting for the Milwaukie community.

(d) To enhance the central business community.

(e) To highlight the Market’s parent organization, Celebrate Milwaukie Inc. (CMI), and 

CMI’s goal of supporting and improving the Milwaukie community.

1) Market Dates and Times:  

a).  The Market will be open to the public on Sunday from 9:30 AM to 2: 00 PM, from the first Sunday in May through the last Sunday in October, unless otherwise determined by the Board of Directors of Celebrate Milwaukie Inc.

2) Product Guidelines: 

a).  All produce and food items must be grown, produced, or collected in Oregon or Washington. Products allowed to be sold at the Market are fruits, vegetables, herbs, flowers, meat and dairy products, wine and spirits, agricultural and horticultural products, locally made food and craft products. All products shall be of good quality and must comply with any applicable regulations pertaining to their production and sale.

b) Produce: The Market allows the sale of only farm-fresh, locally-grown produce, and is not an outlet for wholesale produce. A minimum of 75% by value of products offered for sale each market day must have been grown or produced by the vendor. Vendors will be allowed to supplement up to 25% of their locally-grown products offered by value per market day with other locally-grown produce purchased directly from the grower.  All resale produce must be from local (Oregon or Washington) farms.  The Market is not an outlet for wholesale produce or produce purchased from produce houses or distributors.  

c).  Re-Sale Products:  Resale products will be evaluated on the following basis:

• • overall product mix and balance in the market
  • consumer demand
  • current number of vendors with similar product
  • producer’s history of selling such product
  • producer’s history of compliance with Market Guidelines.

Failure to follow resale guidelines and providing proper signage for resale items could result in a vendor’s termination from the Market.  See Rule (4)(c) for signage requirements for resale produce.

d) Bedding and landscaping plants and flowers:  The Market is similarly not an outlet for sale of plants other than those propagated by the vendor from seed, cuttings, or plant divisions. At least 75% by value of products offered for sale each market day must have been grown by the vendor and must have been under the vendor’s control for a minimum of 60 days.

e)  Prepared food items:  Both ready-to-eat and packaged items must be produced by the vendor from raw ingredients. The Market Master may at his discretion limit the number of food vendors.  Prepared food vendors need to apply with the Clackamas County Health Dept. for a temporary restaurant license if your cart/booth is not already approved as such and follow all County Health Dept. guidelines while operating at the Market.  Packaged food items must be processed in a certified kitchen and follow all Oregon Department of Agriculture (ODA) guidelines.

f) Dairy products, meat, fish, and eggs are allowed.

Special rules for Meats

All meat products sold at the Market must be processed and labeled in accordance with USDA FSIS guidelines. “Game” meats and species that do not fall under the jurisdiction of the USDA must comply with ODA & FDA guidelines regarding their processing and labeling.

Raw meat products must be displayed and stored in accordance with ODA food safety guidelines at all times. Meat temperatures must be maintained at or below 41 degrees.

Special rules for Eggs

All eggs must come from chickens raised by the vendor or be in compliance with the 25% rule as described in section (2)(a).

All chickens must have daily access to pasture. We do not allow eggs from chickens raised in battery cages, confined coops or enclosed buildings.  Farmers are not required to have an Egg Handler’s license to sell their eggs directly to the consumer at a farmers market.

g)  Hemp-based products:  Since Oregon Department of Agriculture (ODA) requires registration of all industrial hemp growers & handlers, proof of those registrations must be provided before the products can be sold at the Market. The Market will accept hemp/CBD products ONLY derived from registered Oregon growers.

h) Crafts and non-farm related products:  At the discretion of the Market Master and subject to space availability, vendor space may be rented to producers of arts, crafts, soaps, candles, and other household or garden items.  Only locally-made items will be considered.

3) Vendor Information

    3.1.  Vendor Applications

• Registration: Vendors applying for a space for the current season must apply at http://managemymarket.com. Spaces will be assigned and vendors notified of their acceptance by the Market Manager. If a vendor is accepted but put on the Market waiting list they will be notified by the Market Manager if space becomes available throughout the season.  Vendors on the waiting list that would like to check on their status throughout the season should email the Market Manager directly, brendan@milwaukiefarmersmarket.com
• Vendors shall read the Market Rules and provide copies of any applicable permit and/or licenses needed for the sale of their products. Examples are: certification for organically grown produce, nursery license for bedding out plants and nursery stock, and licenses for the kitchen where foods are prepared. Vendors are responsible for complying with all State and Local health and licensing requirements governing the sale, distribution, and production of their products. Failure at any time to conform to such regulations and requirements can be grounds for removal from the Market and forfeiture of fees.
• c)   A non-refundable yearly Application Fee $25 is required.  
•  Vendor Booth Fee Information

1. The Weekly vendor booth fee is $60 per space per week.  All booth spaces are at least 10’x10’.   Booth sizes vary by location in the Market.  Vendors must pay fees one week in advance of Market Date.  Vendors may either pay week to week or pre-pay for discounts as noted in the table 1 below:

*No Discount for Thanksgiving/Holiday Market. No Discount for less weeks then posted below, I.E. 13 or 26 weeks           

Table 1 – Discount Schedule for Booth fees

Rate, $/week	# of Spaces	# of weeks	% Discount	Normal Fee	$ Discount	Fee after Discount, $
60	1	1	0	$60	$0	$60
52.25	1	13	13%	$780	$101	$679
$51	1	26	15%	$1,560	$234	$1,326
120	2	1	0	$120	$0	$120
104.46	2	13	13%	$1560	$202	$1358
$102	2	26	15%	$3,120	$468	$2,652
180	3	1	0	$180	$0	$180
156.61	3	13	13%	$2340	$304	$2036
$153	3	26	15%	$4,680	$702	$3978

3.2.1Vendor payment of Booth Fees 

Vendor fees are paid in advance. Application Fee and first Booth Fee are due before the first Market. 

a)   Weekly Vendor Payments:   Unless other arrangements are made with the Market       Master, all vendors must pay their weekly fees to the Market Manager at the Market information booth between 1:00-2:15 PM. Vendors may pay booth fees by cash, check or Cred/Debit Card or PayPal.  

b)  Vendors may not pay booth fees by redeeming credit/debit or EBT tokens or DUFB cards.

c)  Paying for booth space between 1:00-2:15 on the Market day is the vendor’s               responsibility.  If we do not receive payment for your space by 2:15 on a Market day       you may be subject to a $50 fee that must be paid prior to the next Market day.

d)  Vendors wishing to pay booth fees (and receive the discount) 13 or 26 weeks in advance must make special arrangements with the Market Manager.

e)  Vendors may pay booth fees by cash, check,or credit card.  The following describes the process.

• • The Market Manager will provide vendors with a bag and a weekly tally sheet/reimbursement form.
  • Vendors shall fill out their section of the tally sheet and submit the tally sheet, payment and redeemable tokens, DUFB tokens and market cards to the Market Manager between 1:00 -2:15 PM on market day.  Bags must be turned in on market day unless other arrangements have been made with the Market Manager.

 3.2.2 Vendor Reimbursement for tokens and market cards

• Vendors are limited to ONE token reimbursement submission with the Market Manager per Market day.
• Vendor token reimbursement will be made by cash, check or ACH within 14 business days from receipt of the tally sheet/reimbursement form.  Note that reimbursement checks will be written on or about the 15th and 30th of the month.
• The maximum dollar value of tokens redeemable on one day is $1000 unless other arrangements are made with the Market Manager.

3.3 Token Program Description

 The Milwaukie Farmers Market (MFM) participates in SNAP (Supplemental Nutrition Program including Double Up Food Bucks), credit/debit tokens issued by MFM and other food assistance programs.   Table 2 is a summary of the various tokens and their uses and restrictions.

Table 2 – Token Summary Table

Token Type	Denomination and Color	Can be used for	Restrictions
MFM wooden Tokens	Black, $5	Any and all products sold at the MFM.  Credit/Debit tokens do not expire and are redeemable as long as the MFM exists.	Can not be used for payment of booth fees
SNAP tokens	Red, 1$	All food items to be eaten at home.  See EBT/SNAP Guidelines	Can not be used for purchase of alcoholic beverages, hot food items or payment of booth fees.   Follow SNAP requirements for use purchases.  Vendors do not provide change for $1 SNAP tokens
Double Up Food Bucks	2$ cards.  1 match per day up to $20	Fresh fruits and vegetables only. See Double Up Food Buck Guidelines	Can not be used for payment of booth fees

a) Token Use Ground Rules

• All vendors are required to participate in the Token program
• All redeemable wooden tokens have a MFM logo on one side.  We do not accept or redeem tokens from other farmers markets.  MFM issued tokens have no expiration date and are good as long as the MFM exists.
• Vendors may not post signs discouraging customers from paying for purchases with tokens or charge any additional fees if customers choose to pay for purchases with tokens.  
• Vendors may exchange redeemable market tokens for cash or check.  
• The MFM reimburses vendors for redeemable tokens twice /month. Checks are issued twice/month.  

b)  MFM wooden tokens ($5 Black wooden tokens with MFM logo on one side)

• Customers may purchase wooden Black $5 denominations tokens at the MFM Information booth. 
• These tokens may be used for any and all products at the MFM.  They are just like cash and do not expire.  Customer purchases for less than token face value should receive change ($3 dollar purchase with a $5 token results in $2 change to the customer). Vendors must give cash back for MFM token purchases if change is needed.
• Vendors can only use cash for change for MFM wooden token transactions.
• If a Vendor is offered tokens for a transaction payment – they must accept it.   MFM wooden tokens can be redeemed by the MFM.  

c)   SNAP – Supplemental Nutrition Program (Red tokens in $1 denominations)

• SNAP customers may purchase tokens at the MFM Information booth using their EBT cards.  These Tokens are Red and are issued in $1 denominations.   No cash back can be given for $1 tokens.  
• SNAP tokens may be used for all food items to be eaten at home. This includes non-alcoholic beverages, snack food and soft drinks.
• SNAP tokens may NOT be used for alcoholic beverages, hot point of sale foods, foods to be eaten on-site, pet foods or non-food items.
• Vendors may not charge SNAP customers a service fee or charge them more than non-SNAP customers
• SNAP customers are to be treated with the same respect and quality of service as non SNAP customers.

d)  Double Up Food Bucks (DUFB) SNAP Incentive Program ($2 cards)

• DUFB participants will receive $2 dollar DUFB cards that can be used at the market.  These cards are valid for the market season.  For $20 dollars spent on SNAP, DUFB participants may be granted an additional $20 worth of $2 cards to spend at the market.  $20 per market day per SNAP participant is the limit for these grants.
• The DUFB program provides SNAP recipients with additional dollars to purchase fresh fruits and vegetables at the market.  All qualified vendors are required to accept DUFB cards.
• Vendors may turn in $2 DUFB cards along with other tokens for redemption.

e)  All vendors participating in DUFB must fill out the DUFB acknowledgement form prior to accepting DUFB cards.

4) Vendor Obligations:

a) Approved Vendor Non-attendance at the Market:    

Approved Vendors who are not able to attend the Market on any Sunday must notify the Market Manager on or before the Wednesday immediately prior to that Sunday. Notification of absence must be in writing (email). A missed deadline without written notification will be treated as unexcused. Credit may be applied to a future week’s Market and refunds may be issued on a case by case basis by the Market Manager.  The judgment of the Market Manager is final. No refunds will be issued if the vendor fails to attend the Market without notifying the Market Manager by Wednesday preceding the missed Market. 

Failure to notify the Market Manager of non-attendance two or more times during the season may lead to the removal from the market for the rest of the season and will be taken into consideration in assigning spaces the following year. 

*Subleasing of spaces by vendors is not permitted.

b) Cashing of checks issued to vendors – MFM checks written to vendors must be cashed within 90 days of the issue date.  Failure to cash the MFM check may result in a voided check, a stop payment fee of $35, and a check re-issue fee of $20.00

c) Vendor checks written to MFM – If a vendor check written to the MFM can not be cashed (due to insufficient funds or other reasons) vendor participation in the market will be suspended until the issue is resolved and payment is made.  The Vendor will be charged any  bank fees charged to MFM + $5 until the check/payment is posted.

d) Each vendor will post an easily visible sign identifying their business, the name of the farm or company represented and the City/Town in which their business is located.  Vendors are also encouraged to put a website address on their signs for the convenience of customers.

e) Vendors are required to post clearly visible signs designating products which have been purchased for resale, stating the farm name and town where produced. These products are limited to 25% of inventory per Market day, per rule (2)(a).

f) Vendors will not have tables, products, boxes, signs, or any part of their booth outside their space limits, which will be marked on the pavement. Space dimensions vary; contact the Market Manager for details.

g) Booths and/or tables must be provided by the vendor, and must be erected with concern for the safety of the public and other Market vendors.  All vendors must use adequate weights on their canopies to hold the canopies in place during windy days.  If the Market Manager or other market staff deems a booth unsafe they have the authority to ask the vendor to make changes to his or her booth for the public’s safety.  If the vendor does not make appropriate changes to the booth he or she may be asked to dismantle the booth and leave the Market immediately.

h) Vendors are responsible for keeping their spaces attractive during the Market and for keeping them clean throughout the Market day.

• •  Vendors are also responsible for removal of their own refuse and/or unsold products from the Market premises. Those vendors who fail to clean up at the end of the Market day will be issued a written warning for first time offense and assessed a $50.00 fee for the second offense. A third offense is grounds for termination of the Vendor Agreement.
  • Market trash cans are for customers only. Any vendor selling prepared food or providing samples must provide a waste can in front of the booth for public use.  Individual vendors may dispose of modest amounts of trash in the dumpster at the end of the Market day, but should not be putting broken down boxes or a large amount of trash in the dumpster.

i)   Vendors will conduct themselves courteously. It is the Market’s intention to win friends and benefit vendors, consumers, and the community.

j) Vendors accepting WIC, SNAP, DUFB and/or Senior Vouchers are required to post easily visible signs notifying customers of that fact.  Market staff will not be responsible for tracking which vendors do or do not accept these alternate forms of payment.

k)  Vendors are strongly encouraged to enroll in ACH (direct deposit) for SNAP/EBT and token reimbursements. ACH is the Market’s preferred reimbursement method and allows for faster, more secure payments. Vendors who choose to receive payment by check should expect longer processing times. Completion of ACH enrollment is recommended at the time of application to avoid delays in token reimbursement.

5) Vehicle and loading/unloading and Vendor Parking:

a) Vehicle unloading will not be permitted in the Market area prior to 6:00 AM and vehicles must be off the market site no later than 9:00AM on Market days.

b)  For safety reasons, vendors will not be allowed to drive their vehicles in the Market 30 minutes prior to opening and 10 minutes after the closing of the Market. We need to give our customers time to leave the Market before vehicles begin moving about. This rule will be strictly enforced.

Vehicle rule violations will be documented by the Market Manager. Each violation will be communicated in writing within three (3) business days. The first violation will result in a warning: the second violation will result in a one-week suspension from participation in the Market.  A third violation may result in termination of the Vendor Agreement. 

c) Vendors will not disassemble booths or leave the Market before closing time unless special permission has been granted by the Market Manager.

d)  Vendors and their employees must use designated vendor parking for all of their vehicles.  Designated vendor parking is at the Portland Waldorf School (NE corner 21st& Monroe) and the 9 spaces on the east side of Main St. directly across from the Market site (vendors are allowed to use these 9 spaces because the City does not want customers pulling in and out of these spaces during the Market for safety reasons).   A map showing the location of designated vendor parking is available from the Market manager.  If anything is unclear about the map, please check with the Market Manager for guidance.

If a vendor or any of their employees is unable to use designated vendor parking areas, they must inform the Market Manager immediately and park at least three (3) blocks from the Market site.

Vendors or their employees that do not abide by Market parking rules will be asked to move their car immediately, even during Market hours, and will be issued one warning.  Failure to abide by Market parking rules a second time will be grounds for termination of the Vendor Agreement.

The distance which customers have to go to find parking has long been the number one complaint that the Market Manager and Board hear from customers.  Parking in appropriate lots and leaving as much close-in parking as possible for customers makes our market more successful & profitable for everyone.

6) Rule Enforcement: 

All rules of the Market will be enforced by the Market Manager, Business Manager, or interim Market Manager, who has ultimate onsite authority, and who is responsible to the Board of Directors of CMI. If a vendor does not abide by any rules of the Market, the Market Manager has the discretion to bar that vendor from selling at the Market.  Any challenges to such a bar will be considered by the CMI Board. 

Enforcement actions will align with documented violations and the Market’s 3-Strike Policy. All warnings, notices, and strike communications will be provided in writing (email or hand-delivered with acknowledgment of receipt). Vendors are responsible for providing current contact information.

a) 3-Strike Policy for Vendor Rules Violations: 

To promote fairness, transparency, and consistent enforcement of Market Rules, the 3-Strike Policy provides a structured process for addressing vendor rule violations.

i) A strike is recorded when:

• A vendor violates a Market Rule as documented by the Market Manager, or
• A Product Challenge or Customer Complaint results in a validated rule violation, or
• A vendor accrues repeated attendance or operational violations.

ii) Strike Levels and Actions:

First Strike: 

• • Written notice describing the violation. 
  • Guidance for corrective action.

Second Strike: 

• • Formal written notice of second offense.
  • Up to one (1) Market day suspension at the discretion of the Market Manager.

Third Strike:

• • Termination of the Vendor Agreement for the remainder of the Market season.
  • Eligibility to reapply the following season at the discretion of the Market Manager and Board.

iii) Record Keeping and Notice Requirements

• • All strikes will be logged in the vendor’s file.
  • Vendors will be notified in writing (email preferred) within three (3) business days of the determination of a violation.
  • Vendors must acknowledge receipt of official notices.

iii) Appeal Process

Vendors may appeal a strike in writing to the Business Manager within seven (7) days of receipt of notice. The CMI Board will review appeals and provide a written determination within ten (10) business days of receipt. 

iv) Strike Reset

Strike counts reset annually at the end of the Market season. Exceptional circumstances may be considered for adjustments by the Market Manager with Board approval.

b)   Any continuing disputes between vendors and the Market Manager will be resolved by the CMI Board.  Disputes shall be presented in writing to the Business Manager by both the vendor and the Market Manager, and the Business Manager will present the dispute for consideration by the CMI Board.

7) Product Challenge: 

It is the intent of the Market to offer customers fresh, high quality farm direct products. The Market Manager may challenge products offered for sale. Challenges may be made for products not adhering to the 75%/25% rule, for poor quality, or for misrepresentation of product.

a)   Any vendor may challenge the goods sold by another vendor by bringing a signed written challenge to the Market Manager, supported by verbal or physical evidence of the claimed violation. Such a challenge may be made only on the day violation is observed. Challenges alleging violations on past or future occasions will not be accepted. The Market Manager will conduct such an investigation as conditions permit upon delivery of the challenge, and will determine if there is a violation of these rules.

b)  A finding that a violation has occurred would result in the following:

i)     First offense – one week suspension or written warning

ii)    Second offense – forfeiture of space(s) for the remainder of the season and all fees received. In order to participate in the following year’s Market, suspended vendors must make an application to the Market Manager prior to the following season.

8) Political or Religious Groups: 

The Market is not a forum for political or religious activities. Booth space will not be issued to persons or organizations wishing to campaign or proselytize. Doing so will be grounds for immediate removal from the market.

9) Customer Complaints: 

Customer complaints submitted to the Market staff will be forwarded to vendors and kept on file each season. Complaints may result in disciplinary action including removal from the Market. A complaint that results in a documented violation will be treated as a strike under the 3-Strike Policy (Section 6a).

For more information or questions please contact:

Brendan Eiswerth
MFM Market Manager
11009 SE 28th Ave.
Milwaukie, OR 97222

Phone: 503-407-0956
Email Market Manager

MFM Business Manager and Board Member
P O Box 22645
Portland OR 97269

Phone: 503.683.2130
Email Business Manager

 

For more information or questions please contact:

Brendan Eiswerth
MFM Market Manager
11009 SE 28th Ave.
Milwaukie, OR 97222

Phone: 503-407-0956
Email Market Manager

MFM Business Manager and Board Member
P O Box 22645
Portland OR 97269

Phone: 503.683.2130
Email Business Manager