Alabama Administrative Code › Title 80 - ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES › MARKETING › Chapter 80-8-4 - MONTGOMERY STATE FARMERS MARKET › Section 80-8-4-.05 - Prohibitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The use of
				profane or abusive language on the market premises is prohibited and is
				punishable by expulsion from the market, and/or criminal action.
(2) Along with any other legal action
				available to him, the market manager shall also have authority to order from
				the market any person gambling or under the influence of intoxicants or
				disorderly in conduct.
(3) No
				person shall make any public outcry, do hawking or give any musical or other
				entertainment for the purpose of drawing customers or attracting attention, or
				shoot fireworks or display firearms at any time.
(4) The use of the market and its facilities
				for a sleeping establishment or homesteading is prohibited and persons found
				homesteading on the market will be expelled.
(5) Any renter or user of space on the market
				must keep his immediate premises reasonably clean, sanitary, and orderly.
				Persistent failure to carry out the market manager's orders in this respect
				shall constitute just and sufficient cause for the revocation of the renter's
				or user's permit.
(6) No buyer,
				vendor, renter or user or other person shall abandon produce, vehicles or other
				articles on the market. If such is done, the manager may have such item(s)
				removed from the market at owner's expense or the manager may donate to a
				person who will dispose of such items or articles.
(7) All vehicles must enter and leave the
				market area through entrances and exits so marked.
(8) Every person operating a vehicle on the
				property of the market shall drive such vehicle in a careful and prudent manner
				and at a rate of speed so as not to endanger the property of another or do
				physical harm to any person. All parking signs, speed limit signs and other
				posted signs shall be observed. Violators may be expelled from the
				market.
(9) All market lessees,
				renters or users are required to use all possible care in the operation of
				mechanical equipment used on the market property.
(10) The parking of automobiles and other
				vehicles of market renters and lessees and their employees shall be confined to
				spaces designated by the manager. Such automobiles shall not be parked on the
				market pavement where they will obstruct traffic or take up space necessary for
				the orderly operation of the market business. Vehicles shall not be parked in
				areas that would be detrimental to grass or landscape arrangements.
(11) No person shall sell produce which is
				unsound or unwholesome or which fails to meet the standards or requirements of
				federal, state, or local laws and regulations. All Alabama regulatory laws
				applying to weights, measures, marking of containers, sanitation or other legal
				requirements will be obeyed by all market tenants. In no case will produce be
				offered for sale that contains a total of more than 10 per cent decay,
				shriveling and/or other blemishes. The market manager may make or cause to be
				made any inspection or inspections of produce which may be necessary and may
				prohibit the sale of any produce which does not conform to legal and stated
				market standards.
(12) No buyer or
				seller on the market shall enter into any price agreement or join any
				organization for the purpose of raising, lowering, or fixing abnormal or
				artificial prices of products on the market, or for the purpose of keeping
				products off the market, and no person shall assist others in any way to
				accomplish this purpose.
(13)
				Fraudulent, dishonest, and deceptive practices carried on at the market are
				prohibited and may be punishable as provided by law.
14) No vendor shall do any act or use any
				language which insults or tends to insult another vendor or shopper or to
				intimidate a shopper into purchasing the produce which is his.
(15) Persons who make or circulate false
				reports tending to upset or destroy the operations of the market or that may
				cause upset or damage to vendors in loss in prices shall be subject to
				expulsion from the market.
(16) The
				market manager and all other employees of the market shall not engage in the
				business of buying or selling of any produce on the market, and shall not
				receive any tips or gratuities from any buyer or seller on the
				market.
(17) Vendors on the market
				shall not approach a buyer for the purpose of making a sale while said buyer is
				in conversation with another vendor.
(18) The piling and display of produce in the
				retail building shall be confined to the space leased to the tenant.
(19) The manager may require that all produce
				sorted out as culls or otherwise considered of no commercial value shall be
				placed in containers and destroyed or removed from the market premises. The
				disposition of such products shall be the responsibility of the person or firm
				in whose possession the produce may be.
(20) Children under 16 years of age shall not
				roam or wander about around the market unless accompanied by an adult who shall
				be responsible for the conduct of such minor. Wholesalers, retailers, truckers,
				farmers and buyers who bring children under 16 years of age to the market with
				them or allow them to visit with them shall be responsible for carrying out
				this provision. The riding of bicycles or other similar devices on the market
				by anyone is strictly forbidden.
(21) Tenants are not permitted to keep
				animals on the market.
(22)
				Salamander heaters are prohibited on the market.
(23) No lessee or renter shall use any false
				pack. As used herein, false pack means the topping or facing of containers with
				the best products exposed and poor products concealed underneath.
(24) Holding space by use of parked vehicles,
				or small amount of produce, etc., is prohibited.
(25) There shall be no preparation of food or
				drink on the market premises, with the exception of approved restaurant
				facilities.
(26) All produce sold
				at the market, with the exception of produce sales at the retail building, or
				any seed and feed retail establishment, shall be sold by the container and not
				by the pound. This prohibition shall not apply to corn, melons, or any other
				type produce sold by the bunch or count. Nor shall it apply to produce sold by
				bulk or load. If the container in which the produce is sold is represented to
				be a bushel or fraction thereof, then the provisions of Rule
				80-13-3-.03,
				Ala. Admin. Code, must be met.
(27)
				With the exception of sales at the retail and wholesale buildings, produce
				shall not be completely unloaded from the truck or other conveyance prior to
				its sale. Reasonable display samples, to be determined by the market manager,
				may be unloaded and displayed prior to sale.
(28) No sign, whose main purpose is to
				advertise the price of produce, shall be displayed on the market whose length
				exceed 12 inches or whose height exceeds 12 inches.
(29) No produce being offered for sale on the
				market shall be left unattended.
(30) The willful violation of any of the
				above prohibitions, along with any other remedies available under the law may
				result in expulsion from the market of the violator. The market manager shall
				have the discretion as to when the violator shall be allowed to return to the
				market.
Author:
Charles H. Barnes
Statutory Authority:
Code of Ala.
					 1975
, §
											2-3-23.