Article 1.5. Certified Farmers’ Markets of California Food And Agricultural Code >> Division 17. >> Chapter 10.5. >> Article 1.5.
(a) Certified farmers' markets are California agricultural
product point-of-sale locations that are registered under the
provisions of Section 47020 and operated in accordance with this
chapter and regulations adopted pursuant to this chapter.
(b) The operator of a certified farmers' market shall establish a
clearly defined marketing area where only agricultural products may
be sold. Only the producer or the lawful authorized representative of
the producer may sell agricultural products within the area defined
as a certified farmers' market. Sales of agricultural products
purchased from another individual or entity shall not occur within a
certified farmers' market, and an agricultural product producer or
product dealer shall not sell his or her agricultural products to
another individual or entity with the understanding or knowledge that
the products are intended to be resold in a certified farmers'
market in violation of this chapter or the regulations adopted
pursuant to this chapter. Every producer selling within a certified
farmers' market shall comply with Section 47020.
(c) All vendors of agricultural products selling within a
certified farmers' market shall do all of the following:
(1) Post a conspicuous sign or banner at the point of sale that
states the name of the farm or ranch, the county where the farm or
ranch maintains the production grounds that produced the products
being offered for sale is located, and a statement that "We Grew What
We Are Selling" or "We Raised What We Are Selling" or "We Grow What
We Sell" or similar phrases that clearly represent that the farm or
ranch is only selling agricultural products that they themselves have
grown or raised on California land that they possess or control.
Product sales by different farms at the same vendor stand shall
separate the products from each farm or ranch and correspondingly
post the required sign or banner in direct relationship with the
sales display of the products produced by each farm.
(2) Ensure that all processed agricultural products that they
offer for sale state in a clear manner by package label, container
label, or bulk sales signage that they consist only, with the
exception of incidental flavorings and necessary preservatives, of
agricultural products grown or raised by the farm or ranch selling
them, the farm or ranch name, and the city where the farm or ranch is
located. In addition, every processed product shall identify on a
package label, container label, or on bulk sales signage the
registration number or other identity reference of the facility where
the food was processed, or another required labeling statement or
information, in accordance with Sections 110460, 114365, and 114365.2
of the Health and Safety Code, or, in the case of meat or poultry
products, the identity of the facility where the meat or poultry
products were cut and wrapped, in accordance with the applicable
United States Department of Agriculture or State of California
inspection standards, or, in the case of dairy products, the identity
of the facility where the dairy products were manufactured or
processed.
(3) Ensure all products being represented or offered for sale as
organic are clearly labeled or have conspicuous and posted
point-of-sale signage identifying the products as organic.
(d) The representations required pursuant to subdivision (c) shall
be subject to the provisions and penalties specified in Section 890.
(e) An operator of a certified farmers' market that also operates,
manages, or otherwise controls a separate sales activity or vending
event or marketing area in close proximity, adjacent, or contiguous
to the operator's certified farmers' market shall not allow the sale
or distribution of fresh whole fruits, nuts, vegetables, cultivated
mushrooms, herbs, and flowers by vendors selling within those sales
activity or vending event or marketing areas.
(f) The operator of a certified farmers' market shall keep an
accurate participation record of the individual direct marketing
producers whose agricultural products were presented for sale in
their market each market day. The operators shall submit to the
department a quarterly report of the registration numbers and
participation frequency of the direct marketing producers whose
agricultural products were presented for sale in the operator's
market during that past quarter. The department shall create and
maintain online capability for reporting.
(g) Operators of certified farmers' markets may establish rules
and procedures that are more restrictive and stringent than state
laws or regulations governing or implementing this chapter, so long
as the rules and procedures are not in conflict with state laws or
regulations.
(h) Except for certified farmers' markets operated by government
agencies, nonprofit entities and other qualified operators of
certified farmers' markets shall be considered private entities and
may take actions, adopt rules, and impose requirements they deem
necessary for the proper and honest operation of their market,
subject to the application of any state or other laws. Government
agency operators of certified farmers' markets are subject to
applicable state laws, the regulations and laws of the governing
agency, and other laws governing the conduct and actions they may
take as a governmental entity.
An enforcing officer may enter and inspect any place or
conveyance where products are produced, stored, packed, delivered for
shipment, loaded, shipped, transported, or sold pertaining to a
certified producer's certificate over which they have jurisdiction.
An enforcing officer may inspect all products, containers,
and equipment found in any place or conveyance to determine
compliance with this chapter or the regulations adopted thereunder.
The enforcing officer may also take representatives samples of
products and containers, which may be subject to any method of
inspection or testing as deemed necessary.
An enforcing officer may seize and hold as evidence all or
any part of any container, pack, load, bulk lot, consignment or
shipment of products which is packed, delivered for shipment, loaded,
shipped, transported, or sold to secure the conviction of the party
the enforcing officer knows or believes has violated or is violating
any provision of this chapter or the regulations adopted thereunder.
Any evidence that is seized under the authority of this
chapter or the regulations adopted thereunder by an enforcing officer
in any county may be admitted into evidence in any action taken by
any other county.