(a) A county agricultural commissioner may issue a certified farmers' market certificate, which specifies a location where agricultural products may be sold or offered for sale. Upon approval of a certified farmers' market certificate, issued by the county agricultural commissioner, of the county where the certified farmers' market is located, a certified farmers' market automatically becomes registered with the California Department of Food and Agriculture. The certificate shall indicate that the marketplace is a certified farmers' market.
(1) The issuing county agricultural commissioner shall send a photocopy of the original certified farmers' market certificate to the California Department of Food and Agriculture.
(i) The issuing county agricultural commissioner shall provide the California Department of Food and Agriculture with the updated mailing address when reported by the certificate holder, within 10 business days.
(2) Any revocation or suspension of a certified farmers' market certificate by the county agricultural commissioner or secretary, pursuant to Food and Agricultural Code section 47025, shall cause the concurrent revocation or suspension of the certified farmers' market registration with the California Department of Food and Agriculture.
(3) Market operators shall notify the county agricultural commissioner within 30 days of any change of mailing address to update their certificate.
(b) The signed application/certificate shall be made by the proposed operator(s) of a certified farmers' market on a form authorized by the secretary. Upon certification, the applicant agrees to comply with all terms of this article, and the form must include the following:
(1) The name of the market operator, operator mailing address, phone number, fax number (if applicable), website address (if applicable), physical address, and email address (if applicable);
(2) The market name, market mailing address, phone number, fax number (if applicable), email address (if applicable), and the name of the market manager;
(3) The market location; including city, county, and cross streets; months of operation; days of operation; hours of operation; and the estimated number of vendors per market day;
(4) Applicant's printed name, designation of whether the person filling out the form is the applicant or the applicant's authorized representative, signature, and date;
(5) A map that clearly locates and identifies the defined marketing area where only agricultural products may be sold; and
(6) Documentation of qualification to operate a certified farmers' market as defined in the California Code of Regulations Section 1392.2(a).
(c) The county agricultural commissioner shall not issue a certificate for a certified farmers' market when notified that a permit for the operation of such market has been denied by an agency of local government.
(d) The secretary or a county agricultural commissioner may deny a certificate to any market operator who is determined to be delinquent in the payment of fees or penalties required under Chapter 10.5 of Division 17 of the Food and Agricultural Code or this article.
(e) A certified farmers' market certificate shall be valid for 12 months from the date of issue, and only during the specified months of operation, day of the week and hours of operation listed on the certificate.
(f) If the governing body of a certified farmers' market or the market operator promulgates market rules, the rules shall specify procedural criteria pertaining to:
(1) Admission of producers to the market(s).
(2) Admission of agricultural products to the market(s).
(3) Imposition of a fine or suspension or expulsion of producer(s) from the market(s).
(4) Allowance of a certified producer selling on behalf of another certified producer as provided in subsection 1392.4(e).
(5) A clause, which states that the governing body or the market operator shall implement and enforce all rules pertaining to the operation of a certified farmers' market in a fair and equitable manner.
(6) Procedures for taking action(s) shall include:
(i) Written notice to the vendor of the alleged violation(s) by setting forth the factual basis of the proposed penalty;
(ii) Market appeal procedure which specifies;
(A) A reasonable time period to request an appeal;
(B) If an appeal is requested, an opportunity to dispute the alleged violation(s) and/or the proposed penalty; and
(C) A short, written statement of the decision.
Credits
Note: Authority cited: Sections 14, 407, 42681, 42682, 42684, 47000, 47002, 47003, 47004, 47020 and 47025, Food and Agricultural Code. Reference: Section 42941, Food and Agricultural Code.
History
1. Amendment of heading, repealer of undesignated 1st, 3rd and 4th paragraphs, amendment and numbering of undesignated second paragraph as subsections (b) and (c), and new subsections (a), (d)-(g) and Note filed 7-26-91; operative 7-26-91 pursuant to Government Code section 11346.2(d) (Register 91, No. 47).
2. New subsection (d)(4) and amendment of Note filed 1-30-97; operative 3-1-97 (Register 97, No. 5).
3. Amendment of subsections (b), (f) and (g), new subsections (f)(1) and (g)(1)-(4) and amendment of Note filed 8-18-2011; operative 9-17-2011 (Register 2011, No. 33).
4. Amendment of section and Note filed 9-8-2020; operative 1-1-2021 (Register 2020, No. 37). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
5. Editorial correction of History 4 (Register 2020, No. 43).
This database is current through 4/26/24 Register 2024, No. 17.
