[HISTORY: Adopted by the Board of Health of the Township
of West Amwell 3-26-2009 by Ord. No. 1-2009. Amendments noted where
applicable.]
A.
The Board of Health of the Township of West Amwell, in Hunterdon
County, New Jersey, wishes to provide for a farmers market. West Amwell
Township feels that allowing farmers and residents a local outlet
will advance farming and keep more property as farmland.
B.
The West Amwell Board of Health has determined that it is advantageous
for the public to have access to fresh produce and to provide farmers
with a local outlet for produce.
The West Amwell Township Board of Health hereby creates and
establishes the West Amwell Township Farmers Market.
As used in this chapter, the following terms shall have the
meanings indicated:
An outdoor market for the sale of local produce, locally
produced meats, poultry and eggs; for the sale of produce derivatives,
baked goods originating from a state-inspected and licensed facility,
artisan crafts and any other local product deemed salable by the West
Amwell Township Farmers Market Committee. The Farmers Market shall
be located on municipally owned property or on private property within
West Amwell Township, and is under the management of the West Amwell
Township Farmers Market Committee.
[Amended 5-20-2010 by Ord. No. BOH 01-2010]
The West Amwell Township Farmers Market Committee is the recognized
organization that is responsible for supervising all market operations.
The West Amwell Township Farmers Market Committee will serve
as the Market Manager. The Market Manager reserves the right to include
or exclude any vendor. If any vendor is excluded by the determination
of the Market Manager, any vendor fees paid in advance shall be refunded,
prorated.
A member of the West Amwell Farmers Market Committee shall be
present on site whenever said market is in operation. The Market Manager
is responsible for supervising market operations and ensuring compliance
with orders of the Hunterdon County Department of Health and West
Amwell Township Board of Health and the State of New Jersey Department
of Agriculture.
A.
Each vendor is responsible for compliance with all applicable health
codes and is subject to penalty for noncompliance.
B.
Each vendor understands that he or she is responsible for his or
her own space, materials and permits and shall hold harmless the Township
of West Amwell and its employees from any and all damages.
A.
Items to be sold; compliance with food safety requirements; quality.
(1)
The following items may be sold at the market: all farm produce (fruits,
vegetables, flowers, bedding plants), baked goods, eggs, meats, cheeses
(that meet New Jersey Department of Agriculture Minimum Food Safety
Requirements for Product Sales), arts and crafts and any other local
product deemed salable by the West Amwell Township Farmers Market
Committee. Other than produce and craft items, any other item offered
for sale must comply with all state, county and municipal regulations.
West Amwell Farmers Market affirms that all items offered for sale
are products of local farms and residents.
(2)
All vendors shall comply with the New Jersey Department of Agriculture
Minimum Food Safety Requirements dated September 6, 2007, which shows
special conditions, licensure requirements and comments that discuss
labeling, ingredients, refrigeration, and temperatures, etc.
(3)
It is expected that all farm produce and products will be of high
quality, freshly prepared and kept at industry standards for public
health and safety. Deviations from industry standards may result in
exclusion from the West Amwell Township Farmers Market.
B.
Market hours shall be determined by the Farmers Market Committee,
in consultation with the West Amwell Township Committee, and located
on municipally owned property or on private property within West Amwell
Township.
[Amended 5-20-2010 by Ord. No. BOH 01-2010]
C.
No one may enter the market with produce to sell on other than the
stated market days. Such vendors will be asked to leave and may lose
privilege to sell at the West Amwell Farmers Market.
D.
Resellers are not considered producers and are not welcome at the
market.
E.
New vendors must contact the Market Manager before being able to
sell at the market. When market spaces are limited, priority will
go to those: 1) growing their own food 2) producing their own edible
product, e.g. baked goods, honey, etc. 3) crafts.
F.
Crafts persons.
(1)
A "crafts person" is defined as a person creating a product such
as wearing apparel, toys, jewelry, home decoration, furniture, dried
flowers, pottery, candles, photography, or other fine arts. All products
sold must be created by the person selling the product or a family
member of that person.
(2)
Crafts persons must have their products juried by the Farmers Market
Committee in order to maintain the high standards of the market.
(3)
The number of artisans and crafters shall not exceed 1/4 of the total
number of all vendors. However, this number may be adjusted at the
discretion of the West Amwell Township Farmers Market Committee.
(4)
The Market Manager has sole discretion to determine availability
of market spaces to craftspeople, with an emphasis on variety.
A.
Forestalling is prohibited. "Forestalling" is the act of intercepting
a grower or other seller before he/she reaches the grower's market
stall with an offer to buy all or part of his/her load.
B.
No hawking, outcries or other methods of attracting the attention
of customers are permitted.
C.
Vendors and all others entering the municipal property must be respectful
of other participants of the market. Radios and other noise-making
devices shall not disturb vendors and customers or nearby residents.
The West Amwell Township Noise Ordinance is in effect at the market.
D.
All vendors' must clean the area they occupy. Vendors must remove
all waste, rubbish, or trash that they generate during the course
of selling at the Market.
E.
Vendors' vehicles must be removed from the selling area before
the market opens for the safety of our patrons. Vendors must park
personal vehicles in the customer parking areas unless they are selling
out of the vehicle. All vendors' vehicles driven on the market
must be operated in a safe and prudent manner. Selling may take place
from a vehicle.
F.
Obstructing market driveways, traffic lanes or stalls is prohibited.
G.
Market vendors must comply with all identification and licensing
as required by law.
H.
All goods offered for sale by weight must be weighed with an appropriate
scale in full view of the purchaser.
I.
All products offered for sale must conform to the federal, state,
and local health rules.
J.
Products offered for sale must not be misbranded or misrepresented
in any way.
K.
The Farmers Market prohibits any on-site food preparation.
The West Amwell Township Farmers Market Committee has the right
to prohibit any vendor from selling at the Farmers Market. The Farmers
Market Committee may limit the number of vendors who sell specialty
nonfood items.
[Amended 5-20-2010 by Ord. No. BOH 01-2010]
The West Amwell Farmers Market Committee shall charge each vendor
a fee per space per week or in advance for the season. Vendor fees
shall be determined by the Farms Market Committee, in consultation
with the West Amwell Township Committee. Spaces shall be no more than
10 feet by 15 feet. All tables should be covered. Payment is due with
the application. All checks must be made payable to "West Amwell Township."
Any person who shall violate any provisions of this chapter
or who shall refuse to comply with a lawful order or direction of
the Department or health authority shall be liable for penalties as
provided by N.J.S.A. 26:1A-10 or an injunctive action as provided
by law, or both. The penalty is from $50 to no more than $1,000 for
each offense per day.
