Alberta Agriculture and Rural Development, Alberta Approved Farmers' Market Program Guidelines

 
   
 
 
 Vision | Mission | Program goals | Program definitions | Program requirements | Program approval process | Program approval criteria | Program administration | Administrator | Program enquiries
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Vision:

The Alberta Approved Farmers’ Market Program provides leadership and guidance, so that entrepreneurs who make, bake, or grow their product have community-based direct market access.

Mission:

The Alberta Approved Farmers’ Market Program creates an operational framework that facilitates direct market access for community-based entrepreneurs who make, bake, or grow the product they sell. Basic operating guidelines, provincial program-awareness initiatives, and the education of vendors, manager and consumers are the key components of this community-based program.

Program Goals:
  1. To provide the opportunity for producers to sell safe, high quality products directly to consumers. These products will be produced and marketed in accordance with provincial and federal regulations.
  2. To maximize or increase vendor profitability.
  3. To provide an opportunity for vendors and managers to acquire the knowledge and to develop the skills needed to maximize the potential success of an Approved Market.
  4. To provide the consumer with direct market access to safe, high quality Alberta agricultural and agri-food products.
  5. To enhance community development and build community rapport for Albertans within Alberta’s rural and urban settings.
Program Definitions:

ARD: refers to Alberta Agriculture and Rural Development

Administrator: refers to the administrator of Alberta’s Approved Farmers’ Market Program

Approved Market: means an Alberta Approved Farmers’ Market

Guidelines: means these guidelines, as issued, changed or updated from time to time by ARD, under which the Approved Markets operate

Program: means the Alberta Approved Farmers’ Market program

Sponsor: means the sponsor that sponsors the application and the operations of a market as an Approved Market

Reduced-Profit: means, with reference to entities incorporated specifically for the purpose of operating an Approved Market, 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.

Program Requirements:

Who may start an Approved Farmers’ Market?
In Alberta, an Approved Market must be:

sponsored by:
  1. a not-for-profit community group or organization
  2. a local Chamber of Commerce
  3. a municipality
  4. an agricultural society - Agricultural Societies Act (Alberta)
OR

incorporated specifically for the purpose of operating an Approved Market under the legislation of the:
  1. Societies Act (Alberta)
  2. Cooperatives Act (Alberta) as a new generation cooperative
A new generation cooperative must operate on a Reduced Profit basis.

An Approved Market must operate under the direction of an advisory committee (if sponsored by a community group, Chamber of Commerce, municipality or agricultural society) or a board of directors (if specifically incorporated) who understand and support the goals of the Program. Membership on the advisory committee or the board of directors shall be defined within the rules of the sponsored farmers’ market or applicable corporate documents.

Each Approved Market must elect, appoint or hire a general manager for the market. When possible, the manager should not be a vendor at the market that he/she manages.

Who may sell at an Approved Farmers’ Market?
Farmers’ Markets were established by ARD to provide direct market access for the agriculture and agri-food industry in Alberta. In accepting vendors, priority will be given to the following:
  1. Alberta residents
  2. agricultural producers
  3. individuals who ‘make, bake, or grow’ their products
Products made, grown, or baked in Alberta will be given first consideration.

What may be sold at an Approved Farmers’ Market?
All vendors at an Approved Market must be classed according to the 80/20 Rule. Each Approved Market must have a minimum of 10 vendors at all times. Eighty percent (80%) of the vendors must sell Alberta products which they, an immediate family member or staff, have grown, produced, handcrafted, processed or baked. Cooperative farming enterprises are included in this eighty percent.

The remaining 20% of the vendors, (the ‘others’), must:
  1. sell products that will complement the market mix, and
  2. represent interests that will enhance the community spirit of the market
In defining the ‘others’, each Approved Market must remember the following:
  1. Out of province vendors are part of the 20% (others).
  2. Sales of out-of-province products are not allowed if they are in direct competition with locally grown product. Out-of-province vendors must meet all provincial, inter-provincial, and federal regulations as well as complementing the existing vendor mix at the market. Sales of out-of-country products are discouraged and province/country of origin labelling is required for out-of-province and out-of-country products.
  3. Sale of products by distributors, franchises or existing storefront owners, or the resale of any products are discouraged.
NOTE: The sale of any used goods or flea market products is prohibited at Approved Farmers’ Markets.

When must an Approved Farmers’ Market operate?
An Approved Market may operate on any day of the week with prior permission of the Administrator.

An Approved Market must operate for a minimum of 2 consecutive hours as set in its market rules and for no less than 10 calendar days per year.

How does an Approved Farmers’ Market operate?
Using these guidelines as a framework, an Approved Market must develop rules by which it will operate. Market rules must not violate any portion of these guidelines. A copy of market rules must be filed with the Administrator annually, and provided to all vendors of the market prior to each market year or before vendors start to sell at the market, whichever applies first.

An Approved Market must have at least one vendor meeting per year. A written notice inviting all regular vendors, as defined in the by-laws (if incorporated) or in the approved market rules (if sponsored) to attend must be provided at least two weeks prior to the meeting.

An Approved Market must adhere to all local, provincial, and federal laws, regulations, and guidelines.

Program Approval Process:

Markets wishing to obtain approval under the Program must do the following:
  1. Complete an ARD Approved Farmers' Market application form and demonstrate that the proposed market will meet the Guidelines as defined.
  2. If the market is planning to incorporate, they must have made application for such incorporation and provide copies of the documents submitted for registration before an application will be considered.
  3. Obtain 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.
  4. Provide a copy of the rules established for the operation of the market to all potential vendors of this market, and to the Administrator.
  5. Contact the local public health inspector to ensure that a food permit will be available should ARD approve the application.
  6. Guarantee that the individual whose name is proposed as manager of this market is willing to meet the learning and training requirements of this position and maintain the documentation required to meet the guidelines on an annual basis.
Applications will be assessed by the Administrator and a decision will normally be made within two to four weeks to grant Temporary Status or deny an application based on Program ineligibility.

The Administrator will advise the applicant, the sponsor and the local public health inspector of the decision in writing.

New markets granted Temporary Status will be monitored in the first two years of operation and granted Full Status in the third season of operation provided the market has met the Guidelines.

Markets must apply to the program and be granted temporary status before beginning operations. Food permits under the Alberta Public Health Act are, by law, only issued by the local public health inspector to temporary or full status Alberta Approved Farmers' Markets.

Alberta Agriculture and Rural Development must be notified of all and any changes in the location, management, or sponsorship of an Approved Farmers’ Market for the market to retain its approved status.

Program Approval Criteria:

Sponsors, community groups or organizations wishing to establish an Approved Market must demonstrate:
  1. they are committed to the goals of the Program
  2. they are willing to operate according to the Guidelines so the market can retain its Approved Market status
  3. they have the support of the community to operate an Approved Market
  4. they are committed to supporting the activities of the market as required
  5. they agree to review or have professionally reviewed or audited, the financial affairs of the Approved Market
  6. they ensure the market has secured a current food permit from the local regional health authority
  7. they have a minimum of 10 committed vendors
  8. they have established market rules
  9. the trading area is sufficient to support a viable market without competing directly with an existing Alberta Approved market
  10. they must ensure a market manager is chosen who is committed to the goals of the Program, is willing to undergo the training and learning this position requires and he/she understands the role of the manager.
Program Administration:

What is the role of the sponsor?
Sponsors must:
  1. oversee the operation of the Approved Market in accordance with the Guidelines
  2. help establish the rules of the Approved Market, ensuring vendors have meaningful input into the formulation of the Approved Market’s operating rules and an established process by which conflicts can be addressed
  3. make suggestions on the vendor selection process
  4. assist in the selection and performance review of the market manager
  5. support yearly educational opportunities for the market manager
  6. advise on the remuneration of the market manager
  7. encourage vendor participation on the market executive and discourage any one vendor from assuming several key positions at the same time
  8. provide leadership to the Approved Market to encourage its growth, resolve local issues and problems and to establish good community and consumer relations
  9. ensure bank accounts set up for the Approved Market have a minimum of two signatures (persons not related) for authorizing any transaction
  10. ensure records required by the Program to keep the market in good standing are maintained and submitted to the Administrator annually by January 31
  11. ensure accurate financial records are kept
  12. ensure the Approved Market adheres to provincial food regulations as established under the umbrella of the Public Health Act
  13. the Approved Market and its vendors are either insured or indemnified against liability. Annually ARD will request evidence of market liability insurance coverage. It is the responsibility of the Approved Market to request evidence of liability insurance from its vendors.
ARD will not be liable, in any manner whatsoever, for an Approved Market’s activities.

ARD also reserves the right to require that additional reporting on specified forms (to be provided), be completed and returned as directed, to maintain the integrity of the Program.

Approval of farmers’ markets under the Guidelines is at the sole discretion of the Minister of Alberta Agriculture and Rural Development or the Minister's designate. This approval can be withdrawn at any time if a given market is viewed as not supporting the Program goals, or does not adhere to the Program requirements, approval criteria or these Guidelines.

The Alberta Approved Farmers Market Administrator:

The Program is administered by the Agri-Diversification and Business Development Division of Alberta Agriculture and Rural Development.

Program enquiries may be directed to:

Approved Farmers' Market Program Administrator:

Eileen Kotowich
4701 52 Street, Box 24
Vermilion, AB T9X 1J9
Telephone: 780-853-8223 (for toll free access,dial 310-0000 first)
Fax: 780-853-4776
E-mail: eileen.kotowich@gov.ab.ca

These Guidelines are effective as of November, 2007.

 
 
 
 
For more information about the content of this document, contact Eileen Kotowich.
This information published to the web on January 31, 2003.
Last Reviewed/Revised on May 9, 2008.