Alberta Approved Farmers' Market Program Guidelines

Overview of the Alberta Approved Farmers’ Market Program

The Alberta Approved Farmers’ Market Program (the Program) creates an operational framework that provides direction and guidance to approved farmers’ markets in Alberta. The Program requirements ensure that Alberta approved farmers’ markets are meeting minimum operational requirements. Individual markets are encouraged to set standards over and above the minimums by striving to incorporate industry best practices and in keeping with their established values.

The Program is administered by dedicated staff within the Local Market Expansion Branch of Alberta Agriculture and Rural Development.

Definitions

In this Guideline,

• “AFFPA” means the Alberta Farm Fresh Producers Association, a membership-driven non-profit organization representing the interests of farm direct market growers;
• “AFMA” means the Alberta Farmers’ Market Association, a membership-driven, non-profit organization representing the interests of member markets, vendors, sponsors and other supportive organizations through advocacy, education, promotion and innovation;
• “AHS” means Alberta Health Services, the provincial health authority responsible for health service delivery, including the enforcement of the Alberta Public Health Act and Food Regulation;
• “AH” means Alberta Health, the Ministry responsible for setting health policy, including the development of the Alberta Public Health Act and Food Regulation;
• Alberta approved farmers’ market” means
  • a food establishment whose proposed operation has been approved by the Minister responsible for agriculture as an approved farmers’ market under the administration of that Minister’s department and;
  • a niche marketing channel that creates the opportunity for customers to buy Alberta grown food, crafts and homemade goods from the Alberta producer, crafter or entrepreneur. The resulting communication and sharing of information creates trust and builds a sense of community. The market is designed to become a destination and attraction which builds goodwill, sharing and community support reminiscent of the ‘town square’ of previous generations;
• “ARD” means Alberta Agriculture and Rural Development, the Ministry responsible for administering the approved farmers’ market program and enforcing legislation under its jurisdiction;
• “best practice” means the most efficient and effective way of accomplishing a task, based on repeatable procedures that have proven themselves over time for large numbers of people;
• “CFIA” means the Canadian Food Inspection Agency, the federal agency mandated to safeguard Canada’s food supply and the plants and animals upon which safe and high-quality food depends;
• “farmers’ market” means an Alberta approved farmers’ market;
• “guidelines” means these policies and protocols, as issued, changed or updated from time to time by ARD, under which the approved farmers’ markets operate;
• “local” means products made, baked, grown and sold in Alberta by Alberta producers;
• “market rules” means the rules as developed by farmers’ market management which describes the operational policies and procedures of the farmers’ market;
• “niche marketing channel” means a focused, targetable marketing channel, whose products are non-commodity and of which local foods and farmers’ markets are a component;
• “producer” means an entrepreneur who makes, bakes, or grows the products he/she sells;
• “program” means the Alberta Approved Farmers’ Market Program;
• “public market” means a farmers’ market operating within Alberta that is not approved;
• “reduced profit”, with reference to entities incorporated specifically for the purpose of operating an Approved Market, means a corporation which either does not charge vendors more fees, rents, levies or other payments than are necessary to pay the corporation’s expenses, or a corporation which returns any excess fees, rents, levies and payments to full time vendors (less reasonable reserves for present and future operating and capital requirements), each year based on a formula which reimburses each full time vendor for their portion of the excess based on the amount they have each paid;
• “regulation” means a legal restriction put into law by a government authority;
• “Sunnygirl” means the official mark of the Program owned by the Province.

Alberta Agriculture and Rural Development
Farmers’ Market Specialist: Responsible for the overall administration of the Alberta Approved Farmers’ Market Program on behalf of the Minister, Agriculture and Rural Development. This includes, but is not limited to, leading the Farmers’ Market Advisory Panel, inspecting markets, liaising with market sponsors, managers, vendors and customers by providing these stakeholders with information regarding the Program, liaising with other government departments in regards to legislation and regulations affecting farmers’ markets and their vendors, developing resource material for markets and vendors, and sitting as an ex officio board member of AFMA.

Website: www.sunnygirl.ca

Food Safety and Technology Sector: Responsible for inspecting and verifying the safe production of meat and meat products at provincially licensed meat facilities, as well as ensuring compliance to assigned legislation. The sector, made up of staff in the Food Safety and Animal Health Division and the Regulatory Assurance Division, is responsible for the administration of 14 statutes and 30 regulations, maintaining and enhancing public confidence by ensuring consistency and coordination through investigation and enforcement activities as required.

Website: www.agriculture.alberta.ca

Alberta Farmers’ Market Association
The Alberta Farmers’ Market Association (AFMA) fosters partnerships to stimulate farmers’ market initiatives; works collaboratively to assess, develop and implement policies and guidelines that will strengthen the quality of farmers’ markets in Alberta; and provides support to our member markets, vendors, managers, boards and sponsors through advocacy, education, promotion and innovation. AFMA works in conjunction with the Farmers’ Market Specialist to develop and deliver programming to farmers’ market stakeholders and participates on the Approved Farmers’ Market Advisory Panel.

Website: www.albertamarkets.com

Alberta Farm Fresh Producers Association
The Alberta Farm Fresh Producers Association (AFFPA) is a voluntary membership, nonprofit organization supporting the production of farm direct market vegetable crops, berry and fruit crops, bedding plants, perennials, herbs, flowers, meats, poultry, eggs and other specialty items in Alberta. AFFPA’s mission is to support and grow a profitable and sustainable local farm direct marketing industry. Programming specific to farmers’ market vendors is delivered in conjunction with the Farmers’ Market Specialist and/or AFMA.

Website: www.albertafarmfresh.com

Alberta Health
Alberta Health (AH) is responsible for setting health policy, including the development of the Alberta Public Health Act and Food Regulation. One AHW representative participates on the Approved Farmers’ Market Advisory Panel and works closely with the Farmers’ Market Specialist to develop industry-specific food safety training programs.

Website: www.health.alberta.ca

Alberta Health Services
Alberta Health Services (AHS) is the provincial health authority responsible for health service delivery, including the enforcement of the Alberta Public Health Act and Food Regulation. Representatives work closely with AHW and the Farmers’ Market Specialist to develop and deliver industry-specific food safety training programs.

Website: www.albertahealthservices.ca

Canadian Food Inspection Agency
The Canadian Food Inspection Agency (CFIA) is the federal agency mandated to safeguard Canada’s food supply and the plants and animals upon which safe and high-quality food depends. The CFIA is responsible for the administration and enforcement of 15 Acts and their related regulations.

Website: www.inspection.gc.ca

Farmers’ Market Sponsor
Market sponsors are not-for-profit community organizations committed to the development and long term success of an approved farmers’ market in their community. The farmers’ market is a committee of the sponsoring organization. All activities and financial transactions must be reported in the sponsor’s books according to the legislation that applies to the sponsor. Sponsors are actively involved in providing direction to the overall operation of the market. This includes but is not limited to:

• providing a board member to be the liaison between the farmers’ market advisory committee and the sponsor’s board of directors;
• overseeing the operation of the approved farmers’ market;
• helping establish the rules and processes of the approved farmers’ market, ensuring vendors have meaningful input into the formulation of the operating rules and processes;
• the recruitment, selection, performance review and discipline of the market manager;
• determining and/or advising on the remuneration of the market manager;
• encouraging and financially supporting yearly educational opportunities for the market manager so as to further his/her professional development;
• encouraging vendor participation on the market executive;
• ensuring records required by the Program to keep the market in good standing are maintained and submitted;
• ensuring accurate financial records are maintained in accordance with the sponsor’s required financial reporting;
• ensuring the approved farmers’ market adheres to all legislation and regulations and;
• ensuring the approved farmers’ market is either insured or indemnified against liability.

It is the vendor’s responsibility to ensure their products, practices and facilities meet legislative requirements. As acts and regulations are subject to change and interpretation, it is recommended that vendors consult with provincial and federal enforcement agencies on an ongoing basis to ensure compliance.

It is the manager’s responsibility to have a general understanding of the legislation, to request proof of compliance whenever necessary and to refuse vendors the right to sell their products if they do not comply with legislation. Under Part 3 Section 36(4) of the Food Regulation the farmers’ market permit holder, i.e. market manager, is required to ensure the stallholders are in compliance with Sections 36(1), 36(2) and 36(3). Failure to do so could result in loss of the farmers’ market permit for the market and/or fines.

Federal legislation and associated regulations can be found through the federal Department of Justice. Available online at: http://laws.justice.gc.ca/en/index.html

Provincial legislation and associated regulations can be found through Alberta Queen’s Printer. Available online at: http://www.qp.gov.ab.ca/index.cfm .

New Approved Farmers’ Market Applications

Markets wishing to obtain approval under the Program must do the following:

• Complete an ARD Approved Farmers' Market application form and demonstrate that the proposed market will meet the Guidelines as defined. Available online at www.sunnygirl.ca or by calling the Farmers’ Market Specialist at 780-853-8223 (310-0000 for toll free access).
• Provide proof of liability insurance for the market. In sponsored markets, the market may be covered under the sponsor’s insurance or a separate policy may be required.
• Provide a copy of the rules established for the operation of the market.
• Contact the local public health inspector to discuss the proposed market.

• a registered not-for-profit community group or organization
• a registered Chamber of Commerce
• a municipality
• an agricultural society formed under the Agricultural Societies Act (Alberta)

• Societies Act (Alberta)
• Cooperatives Act (Alberta) as a new generation cooperative operating on a Reduced Profit basis.

1. a registered not-for-profit community group or organization
2. a registered Chamber of Commerce
3. a municipality
4. an agricultural society formed under the Agricultural Societies Act (Alberta)

1. Societies Act (Alberta)
2. Cooperatives Act (Alberta) as a new generation cooperative operating on a Reduced Profit basis.

Advisory Committee: When a farmers’ market is sponsored by a nonprofit community organization, the market is a sub-committee of the larger organization and is governed according to the by-laws of the parent organization. Quite often membership on the advisory committee is determined by an election during a vendor meeting and looks very much like a board of directors as described above with the potential for outside involvement on the Committee. The main difference is the connection back to the sponsoring organization’s board of directors: one of the members of the advisory committee should be a board member of the sponsoring organization and the advisory committee should report to the sponsor’s board of directors at least annually. The sponsoring organization is ultimately responsible for the activities of the farmers’ market.

For additional information, see the Roles and Responsibilities of Boards, Sponsors and Advisory Committee document online at www.sunnygirl.ca.

4. What is the minimum number of vendors my market needs in order to be an approved market?
Approved farmers’ markets must operate with a minimum of 10 vendors, averaged over the course of the market season. Keep in mind that a critical mass of vendors selling a full range of Alberta made, baked and grown products is needed in order to attract a supportive customer base.

5. What is a reseller?
A reseller is a company or individual who purchases goods or services with the intention of reselling them at a profit.

6. I have a vendor who sells his own product but now he wants to supplement his product offering with product he has purchased. Would he fall into the 80% or the 20%?
It is important that you look at the primary business of the vendor when assessing your 80/20 mix. If you have a bison vendor for example who wants to supplement his product offering with some spices that complement his product, it is likely he is primarily selling the bison and so would fall into the 80%. If you have a baker who also sells Tupperware, the distinction may be less clear and it might be better to split the vendor 50/50 between the Food and Other categories.
The annual paperwork allows you to clearly identify all the products a vendor is selling.

If you are unsure about what category your vendors fall into, contact the Farmers’ Market Specialist at 780-853-8223 (toll free: 310-0000).

7. I have a vendor who is cooperatively marketing with another Alberta producer. Do they fall into the 80% or the 20%?
Cooperative marketing arrangements fall into the 80% when all the parties are Alberta residents supplying Alberta product which they, an immediate family member or a staff member have made, baked or grown. It is important that the actual vendor(s) are able to adequately represent all the members and answer any customer questions regarding production or processing as they arise at the market.

8. Is the actual producer required to be at the market on market day?
The 80/20 rule does allow for a staff member or immediate family member to represent the actual producer, crafter or entrepreneur. It is important that anyone selling at the farmers’ market is able to answer customer questions regarding production or processing of the product and that they are empowered to make decisions regarding complaints.
It is the decision of each farmers’ market board/committee to decide on how this sort of arrangement will be managed.

9. Our market is very close to the Saskatchewan/British Columbia border and several of our vendors are producers from out-of-province. How does this impact our 80/20 calculation?
Any producers from out-of-province are considered OTHER and fall into your 20%. This is true even if these vendors are selling products which they have made, baked or grown.

10. What is meant by a “storefront” and can I allow vendors who own storefronts?
A “storefront” is any retail operation outside of the farmers’ market. It can include retail space in town as well as an on-farm store. Vendors with storefronts who make, bake or grow their products can be allowed into the farmers’ market. We have many vendors who have on-farm stores who are still making, baking or growing all their products. Retail operations that resell others’ products are discouraged from being a vendor at an approved farmers’ market.

11. Can I allow a vendor who sells collectible coins, books, videos, stamps?
These items are allowed ONLY if they are new items. Used items or items previously owned by another individual are not allowed for sale or trade in an approved farmers’ market at any time.

12. Can I allow a vendor who sells antique furniture or antique/estate jewelry?
Antiques of any kind are considered used items and are not allowed for sale or trade in an approved farmers’ market.

13. Can I allow a vendor to bring in baby chicks to show their customers?
No, a farmers’ market is not an appropriate venue for live animals, whether for sale or for customer interaction. Animals can pose a health risk when the handlers do not properly wash their hands prior to touching or consuming food.

14. What information must appear on a food label and where do I direct my vendors who have questions about their labels?
The information which must appear on a food label is:

• Common name of the product
• Net quantity
• Dealer identity and principal place of business
• List of ingredients in descending order of proportion
• Durable life date if product has shelf life of 90 days or less
• Allergen labelling – changes in effect August 2012
• Nutrition labelling - unless exempt
• Bilingual labelling – unless exempt

Edmonton office: 780-495-7023; Calgary office: 403-299-7680.

1. Request that any new food vendors contact the public health inspector directly so that they may discuss how the product is processed/made, how the product is packaged, stored and transported to market, any sampling requirements, any licensing requirements, etc.

2. Request that a health inspector attend a vendor meeting before the market opens every year. New vendors will be given all the required information and returning vendors will receive an update on the requirements of the Public Health Act Food Regulation. This is a best practice and recommended for all markets.

3. Discuss with the new vendors what their products are and based upon information given to you by the public health inspector, discuss the health requirements for your market. If at any time you are unsure of the rules for a particular food product, contact your public health inspector or have the vendor contact him/her directly.

• Farmers’ Market Home Study course available online at http://www.albertahealthservices.ca/3151.asp. Click on Home Study Course for Farmers' Markets under the Home Study Section.
• Marketing Food Safely: Farm Direct Advantage is a publication available for download at www.sunnygirl.ca or www.explorelocal.ca .
• There are annual and weekly food safety checklists available for managers and vendors at www.sunnygirl.ca.

Because Sunnygirl is an official mark, there are some rules for using her:

• The logo exists in black and white or colour. Individual markets or other users of the logo must not alter the colours or type font.
• The logo must not be altered by changing graphics or adding screens.
• The logo must not be combined with other graphics.
• Avoid using the logo on a photographic image.
• Avoid printing the logo in black and white on a dark background.
• Avoid printing the logo in white on a light background.
• Avoid printing the logo on strongly texture backgrounds.