Operating Rules and Regulations
Vendor Rules and Regulations.
Having clear and well followed rules and regulations is essential to the operation of a successful market. Please familiarize yourself with these rules and regulations:
a) Farm and Food Vendors – Vendors and their family members or employees who sell:
- farm and garden based products and farm value added products produced from their own farm products.
- horticultural products grown at their own nursery.
- prepared foods produced in a manner acceptable to VIHA and with sales restricted to periodic temporary markets etc..
- seafood that they have harvested in British Columbia waters and who have a valid government permit.
A Farm and Food Vendor may sell a maximum of 10% non-edible products produced on their own premises. A Farm Vendor may have employees sell their farm produce or farm value added products at the Market.
b) Commercial Prepared Food Vendor
This section does not apply to Farm and Food Vendors covered under a) above.
The Board reserves the right to limit the number of Commercial Prepared Food Vendors at the Market.
The Board reserves the right to limit the range of products provided by Commercial Prepared Food Vendors to protect the overall interests of the Market.
Vendors approved under this category will be subject to a Probationary period of 3 markets to determine the impact on the Market as a whole.
A prepared food Vendor who has a commercial aspect to their sales (e.g. storefront, wholesale or web based sales) over and above sales at periodic temporary markets must apply under this category using the Appendix 2 Application Form.
In their application, a Commercial Prepared Food Vendor must demonstrate that:
1) the products being offered at the Market are unusual and unique and of significant interest to Market customers.
2) the products proposed for sale are readily seen to support the QBFM Constitution’s direction “to promote and sustain agriculture, fisheries and food production in the area of Vancouver Island and Gulf Islands”. Preference will be given to those vendors who source their raw materials closest to Oceanside.
3) the products are likely to bring new customers to the Market thereby potentially increasing revenue of ALL vendors at the Market.
4) the products will provide greater selection of food items to the Market customers thereby increasing the “customer satisfaction“ with the Market.
5) the applicant is personally involved in the value added process of the products.
6) the person at the venue selling the products must be the owner or immediate family member. Preference will be given to those vendors who will be personally at the Market as the “frontline” to promote the uniqueness of their products and impart their knowledge to market customers.
c) Craft and Artisan Vendors – Vendors who have personally hand created, sewn, constructed, or otherwise fashioned from component materials, the products that are offered for sale. At least 70% of the product’s value must be value added by the Vendor.
Market Geographical Area
Vendors must reside and produce their product on Vancouver Island or the Gulf Islands. Preference may be given to Vendors from the Oceanside area.
2. Vendor Application and Approval
a) Vendor applications shall be completed fully and signed on the form as attached in Appendix 1 or Appendix 2.
b) Applications are subject to the approval of the Board of Directors.
c) The Board of Directors reserves the right:
- to limit the number of Craft and Artisan Vendors to 30% of the total vendors and to limit the number of vendors in a particular category (eg jewelery).
- to give preference to Vendors from the Oceanside area.
- to refuse applications without explanation.
d) Prior to their application being considered by the Board of Directors, Craft and Artisan Vendors will be subject to adjudication by the adjudicating committee. The adjudication will occur on the first market day for a prospective Vendor.
e) Approval procedures for Drop-In Vendors for their ‘first time’ participation in the Market shall be as set by the Market Manager subject to other provisions in these Operating Rules. A Drop-in Vendor must apply for and be accepted as an Associate Member before subsequent participation in the Market.
3. Vendor Fees
a) Vendor fees shall be as determined in the Annual Budget in advance of the Market season.
Credit toward Half Season or Full Season fees will be made for Drop-In Fee Payments if a Vendor wishes.
The Drop-In Vendor fee for first time attendance includes Membership for that day only. A Drop-In Vendor must pay the regular Membership Fee prior to participating in another Market Day in the current or subsequent years.
The Market has no obligation to provide electrical power for Vendors; however when it is possible for the Market to provide an electric power source, the fee will be $15 per season.
b) Applicable fees must be paid prior to participation in the Market. Fees are payable in person or by mail on or after the spring Annual General Meeting.
4. Vendor Stall Spaces
a) Stall spaces will normally be a minimum of 10 feet in width by 10 feet in depth or such width and depth as permitted by the Market venue as determined by the Market Manager. Where possible, returning Regular Members will be allowed a similar stall size as in the previous Market year. There shall be no more than 2 stalls per Vendor.
b) Fees will cover the use of 1 stall space; fees shall increase 1.5x or 2x, as appropriate for additional space, if available, requested by the Vendor and allocated by the Market Manager.
c) Stall spaces may be shared by up to two Vendors if the request receives prior approval by the Board of Directors.
d) Commencing not later than the first week of April, the Market Manager will assign spaces to approved Regular Members who pay for the full season on the basis of (firstly) seniority with the Market and (secondly) sequence of application. The same process will be used for approved Regular Members who have paid for one-half season and agree to utilize the space on consecutive Market days.
e) Space allocated to a vendor does not provide any proprietary interest in that space and the Market Manager will have due regard to the overall interests of the Market and be the final arbiter of safety and appropriate product distribution.
f) The Board of Directors may approve a limited number of Farm and Food Vendors to have their vehicle in their stall space as long as it does not interfere with overall Market operations. An extra fee will be charged in this circumstance. A Farm and Food Vendor with a vehicle or trailer that is completely within a regular stall space will not be subject to an extra fee.
5. Market Operation
a) Summer Season Market hours are from 8:30 a.m. until noon, Saturdays, from the first Saturday in May through the Thanksgiving Day weekend on Veterans Way in Qualicum Beach or as otherwise advised by the Market Manager.
Spring and Winter Season Market hours are from 8:30 a.m. until noon and will be held in the Community Hall. The Spring Market will occur on specific Saturdays that are made available by the Town in March and April. The Winter Market will occur on specific Saturdays that are made available by the Town from the first Saturday after Thanksgiving Day until approximately mid December. The Winter Market is only available to Vendors in the Farm and Food category. Preference will be given to Farm and Food Vendors in the Spring Market. Vendor space is limited in the Community Hall and the Manager will assign space as is available in the same manner as outlined in Section 4d) above.
The Market Manager will provide one week’s prior notice in the event of extended hours or altered venue on special occasions.
b) Vendors shall arrive by NO LATER THAN 8:00 a.m., Saturday mornings, failing which the Market Manager may assign reserved space to Drop-In Vendors. Vendors shall be set up by 8:15 a.m. and remain in place until the close of the Market. No Vendor vehicles shall be permitted access to or egress from the Market site between 8:15 and Market closing.
c) Vendors shall supply their own tables and/or structures for storage and display and shall maintain their stall spaces and surrounding area clean and tidy and shall dispose of any litter or debris prior to leaving the Market each week.
d) The Market Manager will open each Market, no earlier than 8:20, if warranted, but not later than 8:30 for the Summer Market. Only sales between Vendors are permitted prior to formal opening of the Market. No early sales are permitted.
e) Vendors shall not leave stalls under the supervision of persons under 16 years of age.
f) Vendors are responsible for knowing and complying with all federal, provincial and local law applicable to their products, in particular, health, safety, and packaging regulations.
g) Federal and BC regulations and the Vancouver Island Health Authority (VIHA) “Guideline for the Sale of Foods at Temporary Food Markets” apply to all food products sold at the Market. By applying to rent Stall Space, Vendors who are selling any food product agree that they have read the latest edition of the VIHA “Guideline for the Sale of Foods at Temporary Food Markets” and that they will follow all applicable regulations and agree that they shall immediately cease selling and remove any food product on the request of any official or representative of the VIHA, or any other federal or provincial food inspection agency, or the Market Manager.
h) Vendors who sell food products must present the Market Manager with a copy of their application to VIHA for “Sale of Food at Temporary Food Markets” and their VIHA Review and Acceptance Letter unless specifically exempted by VIHA from this requirement.
i) Packaged foods shall be labeled in accordance with applicable Government labeling requirements.
j) Proof of certification is required for foods identified as "organic".
k) A business license is held by the Market for the benefit of Vendors. Vendors do not require individual business licenses to sell at the Market.
l) A Vendor with a reserved stall for the season who is not intending to attend any particular Saturday shall inform the Market Manager by 6 p.m. the preceding Thursday, preferably by Email.
m) Vendors shall treat the public, other Vendors, and the Market Manager with courtesy and respect. Vendors shall not accost or badger the public.
n) The Market is a non-smoking area for Vendors and therefore Vendors shall not smoke within 10 meters of any stall.
o) Vendors must receive approval from the Market Manager prior to use of an electrical generator and the generator used must have a low noise impact so as not interfere with the enjoyment of the Market.
p) The Market Manager may assign up to two stalls, without Vendor fees, to a community group or non-profit society for sale of home based ‘small plot’ garden products, or for community fundraising and/or information purposes. Preference will be given to those organizations that support and enhance the objectives of the Market.
q) Other than at the Market itself, Vendor communication with the Market Manager with respect to Market operations and their plans are normally to be via email in order to ensure there is a record and so that the Manager can schedule his or her Market related time appropriately between markets.
r) Vendors are responsible for knowing and complying with these Operating Rules, as amended from time to time.
6. Non-Compliance with Government Regulations
a) A Vendor in receipt of a notice of non-compliance from a government agency shall provide the Market Manager with a copy of such notice within 72 hours of receipt thereof.
b) Such a Vendor shall have the lesser of 30 days from the date of the notice or termination of the remedy period stated in the notice to make the appropriate remedy. and to provide written verification thereof to the Market Manager, failing which such Vendor shall not participate in the Market and shall be refused all such rights to participate until full remedy of the notice is made and verified.
7. Vendor Disputes and Discipline
a) Vendors in conflict shall refer matters to the Market Manager.
b) Vendors in conflict with the Market Manager shall appeal directly to the President with a written description of the conflict.
c) The procedure for dealing with a Vendor who fails to comply with the Rules and Regulations will be as follows:
1) First Infraction: Verbal warning by the Manager outlining the nature of the infraction, such warning to be duly documented by the Manager.
2) Second Infraction: Written notice outlining the nature of the infraction, and referring to the previous verbal warning, is given to the Vendor by the Manager. A copy of the written notice will be forwarded to the Board of Directors.
3) Third Infraction: A second written notice, outlining the nature of the infraction, and referring to the previous notices, is given to the Vendor by the Manager. A copy of the written notice will be forwarded to the Board of Directors. The Board may impose a $25.00 administrative assessment payable by the Vendor to QBFM on or before the next Market Day.
4) Fourth Infraction: A third written notice, outlining the nature of the infraction, and referring to the previous notices, is given to the Vendor by the Manager. The third notice will be forwarded to the Board of Directors for consideration of expulsion of the Vendor from the Market.
The Board will appoint a panel of not less than three members of the Society to consider the matter. The panel appointed by the Board shall offer an opportunity for the Vendor and the Manager to present their views. After consideration of the matter the panel will make a determination on the offence and the expulsion, or not, of the Vendor from the Market. The Vendor will receive a written notice of the panel’s decision.
d) Infractions of the Operating Rules need not be of a similar nature in order for these provisions to apply.
e) Written notices include notices delivered via email to the Vendor’s last known email address.
e) Applications for reinstatement by expelled Vendors will not be considered for the current season.
Mailing Address Qualicum Beach Farmers Market P.O. Box 486, Qualicum Beach, B.C. V9K1T1