Market Rules and Objectives

Milwaukie Farmers Market 2022

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:  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: 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.

a) 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.  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.

b) 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.

c)  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.

d) 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.

e)  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.

f) 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 Applications:

a)  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 Master. If a vendor is accepted but put on the Market waiting list they will be notified by the Market Master 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 Master directly, brendan@milwaukiefarmersmarket.com

b) Pay Structure: Application Fee $20.  Weekly booth fee is $50 per space.  All booths 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 eight (8) or more consecutive weeks at $45 per week – more than a 10% discount.

c) Weekly Vendor Payments & Token Reimbursement: All vendors must pay their weekly fees to the Market Master at the Market information booth between 1:00-2:00PM.  Vendors may pay a portion or their entire booth fee in $1 or $5 Market tokens. While paying booth fees vendors may exchange Market tokens for cash or check.  Vendors are limited to ONE token exchange/reimbursement with the Market Master per Market day.  Vendors wishing to exchange more than $50 in Market tokens must fill out a reimbursement form, put the form and tokens in a ziplock bag provided by the Market and leave this bag with Market Master between 1:00-2:00 PM.  Reimbursement of more than $50 will be made by cash or check on the following market day. The maximum amount of tokens redeemable on one day is $500.00 unless other arrangements are made with the Market Master.

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

d) Non-attendance: Vendors who will not be able to attend the Market on any Sunday must notify the Market Master on or before the Wednesday immediately prior to that Sunday. Credit will be applied to the next week’s Market and refunds may be issued on a per case basis. The judgment of the Market Master is final. No refunds will be issued if the vendor fails to attend the Market without notifying the Market Master by Wednesday preceding the missed Market. Failure to notify the Market Master 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.

4) Vendor Obligations:

a) Vendors shall provide completed Vendor Application via www.managemymarket.com, 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.

b) Each vendor will post an easily visible sign identifying their or 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.

c) 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).

d) Vendors will not have vehicles, 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 Master for details.

e) 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 Master deems a booth unsafe he has the authorization 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.

f) Vendors are responsible for keeping their spaces attractive during the Market and for cleaning them up throughout the Market. Vendors will also be responsible for the 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.

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

h) Vendors accepting WIC, SNAP, DUFB and/or Senior Vouchers are strongly encouraged 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.

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 9:15AM on Market days.

b) For safety reasons, vendors will not be allowed to drive their vehicles in the Market 15 minutes prior to opening and 15 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. 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 drive out of the Market before closing time unless special permission has been granted by the Market Master.

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 21^st & Monroe), Chase Bank (SE corner 21^st & Monroe), Milwaukie Lumber (21^st & Jefferson) 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 locations of these lots is attached.  If anything is unclear about the map, please check with the Market Master for guidance.

If a vendor or any of their employees is unable to use these lots they must inform the Market Master 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 Master 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 Master, Business Manager, or interim Market Master, 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 Master 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.

a) Any continuing disputes between vendors and the Market Master will be resolved by the CMI Board.  Disputes shall be presented in writing to the Business Manager by both the vendor and the Market Master, 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 Master 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 Master, 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 Master will conduct such 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 years Market, suspended vendors must make application to the Market Master 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.

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

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

Phone: 503.683.2130
Email Business Manager