South Carolina Code of Regulations › Chapter 5 - DEPARTMENT OF AGRICULTURE › Article 2 - STATE FARMERS MARKET › Section 5-190 - State Farmers' Markets; Rules and Regulations

Current through Register Vol. 48, No. 6, June 28, 2024
Section A--ORGANIZATION
Applicability
These Rules and Regulations are applicable to each State Farmers' Market now in existence and are intended to apply to such additional State Farmers' Markets as may be created from time to time pursuant to law. Where the term "market" is used in the singular, it is intended to refer to each market within the system.
Operation
The South Carolina State Farmers' Markets are owned and operated by the South Carolina Department of Agriculture.
Purposes
Purposes of the South Carolina State Farmers' Markets are:
(1) to serve farmers throughout South Carolina by providing them with facilities where farm products can be sold to wholesale dealers, retail buyers and consumers;
(2) to provide centrally located facilities, equipment, and programs through which wholesale houses can serve retail store operators, restaurants, institutional and other markets throughout South Carolina and the demand area.
(3) to add efficiency and economy to operations while providing services to both producing and consuming public.
(4) to enhance the orderly process of conducting business transactions in a safe, secure, and sanitary environment.
Organization
The South Carolina State Farmers' Market shall be operated by personnel of the South Carolina Department of Agriculture, a designated manager shall be the principal person in charge of directing and supervising over-all market operations at each market.
Section B--AUTHORITY, DUTIES AND RESPONSIBILITIES OF MARKET MANAGER
Supervision:
The manager shall have the authority to employ and supervise such personnel as may be needed to properly conduct the general operations of the market, including but not limited to secretarial assistance, persons referred to as "gate attendants" to collect gate fees from vehicles entering the gate, collect fees from persons operating under retail and wholesale sheds, keep watch of gates during hours when the market is closed to business operations, and perform other related duties as may be requested by the manager; employ personnel designated as "market attendants" to maintain the upkeep of market buildings and grounds, and employ, contract for hire or otherwise charge for services related to repairing damage to the market and operating the market in a sanitary manner.
Collections:
The manager shall assess and collect the necessary fees, charges and rentals to cover the costs of market operation.
Enforcement of Rules:
The manager shall enforce rules, regulations, and policies promulgated by the South Carolina Department of Agriculture.
Control:
The manager shall have the general control and supervision of the market, its buildings, streets, and alleyways and the adjoining areas, and shall collect all fees and rentals from all renters and users of the market.
Section C--FEES, RENTALS, REGISTRATION AND SPACE ASSIGNMENTS
Farmers, producers, merchants and others selling produce or occupying space on the Market must contact the Market Manager or his representative before engaging in business or deliveries. The Market Manager or his representative will assign space and collect fees according to a published schedule.
1. Registration: Farmers, producers, sellers, buyers and resellers of produce must register with the Market prior to conducting business on the market. The Market shall assign an appropriate designation to the applicant based upon his or her status as a producer, seller or reseller. All space assignments and market access will correspond with this business designation.
2. Market Entrance Fees: Vehicles not subject to the schedule of fees are:
(1) those properly identified vehicles owned or operated by market lessees which are delivering produce to their own businesses.
Other loaded vehicles will be required to pay a fee at the gate prior to entering the market.
Fees for open spaces will be collected on a Daily space basis.
Assignment procedure is first-come, first-served, consistent with areas that may be designated by the Market Manager for specific types of produce.
3. Space Assignment: Space on the Market is to be used only as assigned or authorized by the Market Manager.
a. Daily Space Rental Fee. Gate fees entitle an individual to occupy one space for 24 hours or until the load is sold, whichever is shorter. When a load is sold, the space immediately reverts to the Market for reassignment. Daily hours of operation and daily rental periods shall be determined by the Market Manager. Vehicles remaining in the daily space after the daily rental period has expired shall be charged for the next day as well.
b. All rents are due and payable in advance.
c. Sub-letting of stalls or space is prohibited and will result in the forfeiture of rents and reversion of such space to the Market for reassignment.
d. Extenuating circumstances, safety and sanitation requirements, extremely crowded market conditions including but not limited to special promotional and seasonal events, which may require and authorize the relocation of Market tenants by the Market Manager.
e. Limitation of space assignments to tenants or their vehicles may be imposed at the discretion of the Market Manager when conditions of overcrowding or extensive waiting lists exist.
Section D--OPERATIONAL RULES AND REGULATIONS
1. Abandonment
Abandonment will be in effect when articles remain on the premises 24 hours after the expiration of rental. No buyer, vendor, renter or user or other person shall abandon produce, vehicles, or other articles on the market. Abandoned produce that is edible will be donated to a charitable institution if possible. Abandoned vehicles will be turned over to proper authorities to be impounded at owner's expense. All other items will be subject to market manager's discretion and will be removed at the owner's expense
2. Additions or Construction
No person shall add to, modify, or construct a building upon the Market without prior written approval of the market manager and compliance with all applicable building codes.
3. Advertising
No person may erect, maintain, or display any signs or displays at their market space, except for product pricing, without prior written approval of the market manager. No person shall place any advertising matter, displays or other literature not directly pertaining to their stand or specific to their items. This includes, but is not limited to, any political, religious, real estate or other merchandise signage.
4. Alcoholic beverages may not be sold on the farmer's market property without prior permission of the market manager. Notwithstanding the provisions of Regulation Regulation 5-90(D)(20), permission by the market manager authorizes the vendor and a purchaser to possess the unopened alcoholic beverages the vendor is selling while on market grounds.
5. Animals
Tenants and their employees are not permitted to keep animals on the market.
6. Charitable Organizations
Churches or other charitable organizations must have the prior permission of the market manager to sell or solicit funds or support on the market.
7. Children
Children under fourteen (14) years of age shall not roam or wander around the market unless accompanied by an adult who shall be responsible for the conduct of said minor.
8. Containers
All produce entering the Farmers' Markets shall be in proper containers as prescribed by the South Carolina Weights and Measures Law, if sold by weight or volume.
9. Customer Complaints
It is the responsibility of all lessees and renters on the market to satisfy customer complaints. Upon receipt of repeated complaints concerning the same lessees or renters, the market manager may take action in compliance with Rule D(43) herein.
10. Damage to Market Property
Persons causing damage to market property shall be financially responsible for the cost of repairs or replacements. Such damage shall include, but not limited to, buildings, grounds, fences, gates, vehicles, and any other property owned and/or operated by the market.
11. Deceptive Practices
Fraudulent, dishonest, or deceptive practices carried on at the market may be punishable as provided by Rule D(43) herein.
12. Disposal
The manager may require that all produce considered of no commercial value shall be placed in appropriate containers and destroyed or removed from the market premises. The disposition of such product(s) shall be the responsibility of the person(s) or firm in whose possession the product may be. Failure to comply with this section will result in fees and/or cost of disposal charged back to tenant. Repeated failure to comply with this provision may result in denial of market services.
13. Electricity
Only those usages of electricity approved by the market will be permitted, including use of any extension cords. Market manager also reserves the authority to charge vendors for the actual cost of electricity usage of the market outlets.
14. Employees
All market lessees, renters, or users shall be responsible for the conduct of their employees at all times. Lessees, renters and users must agree to advise their agents, employees, and assigns of the requirement of the State Farmers Market Rules, Regulations & Policies, and agree to ensure compliance with same, by said agents, employees and assigns.
15. Equipment
All market lessees, renters or users are required to use all possible care in the operation of mechanical equipment used on the market property, including operation by certified operators when applicable, meeting all safety standards and registering all mechanical equipment with the Market Manager.
16. False Pack
No person shall top or face his containers or displays with the best produce to conceal poor products underneath or to mislead customers or buyers in any way.
17. Financial Interest of Market Staff
The market manager and all other employees of the said market shall not be interested either directly or indirectly in the commercial purchasing, buying, or selling of any products sold on said market.
18. Fire Hazards
The use of any spark, flame or other fire producing device is prohibited without prior permission of the Market Manager. Any heater or heating elements to be used shall comply with all safety regulations promulgated by the Fire Marshall's Office, and shall be subject to inspection by the Fire Marshall. Storage of combustible materials, including but not limited to pallets, wood, plastics, paper, cardboard and other flammable, volatile or hazardous substances is prohibited.
19. Firearms or Fireworks
Possession of firearms or fireworks is strictly prohibited on market properties, unless permitted in accordance with State law.
20. Gambling, Use of Intoxicants, Disorderly Conduct, Persons Under the Influence of Intoxicants
Gambling, possession or use of intoxicants, and disorderly conduct are prohibited on market properties. No person shall come upon the market while under the influence of intoxicants.
21. Holding Space
Holding space by use of parked vehicles, small quantities of produce, etc., will not be permitted. The market manager or his duly authorized agent may remove such obstacles so as to render the space useable by another tenant.
22. Homesteading
Housekeeping or homesteading in the market is prohibited.
23. Hours
The manager shall have the authority to set opening and closing hours which are deemed to be in the best interest of market operations and the general public. Changes in hours currently in effect shall be posted in one or more conspicuous places and publicly announced.
24. Inspections
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 with legal and stated market standards.
25. Labor
Persons employed on the South Carolina State Farmers' Markets may be required to possess and openly display his Identification Badge. Badge applications may be filed with the Market Manager together with applicable fee payments.
26. Local Regulations
Vendors must comply with all local ordinance, rules and regulations, as well as all state and federal laws pertaining to the conduct of their business.
27. Parking
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. Violators shall be towed at the owner's expense.
28. Piling, Displaying, Processing & Repackaging
Market vendors shall confine the piling, processing, and displaying of produce to the space leased by them. Repackaging will only be allowed in areas designated by the Market Manager.
29. Public Outcry
No person shall make any public outcry, engage in "hawking" or give any musical or other entertainment for the purpose of drawing customers or attracting attention.
30. Public Property
No person shall deface or damage the buildings, loading platforms, packing sheds, streets, or any other physical equipment of said Market.
31. Quality
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 South Carolina 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 ten percent (10%) decay, shriveling and/or other blemishes.
32. Removal of Property
All lessees, renters and users of the market shall remove for cause and at their own expense, any vehicle or item of property upon direction of the market manager.
33. Sanitation
a. Responsibilities of the Market:
(1) The Market will recoup costs for providing, locating and dumping garbage containers on a regularly scheduled basis.
(2) Under no circumstances will garbage containers be moved from their designated locations without approval of the market manager.
(3) The Market will be responsible for sanitation in all areas of the market not described below.
b. Responsibilities of the tenants:
(1) Tenants of the market will keep their immediate premises reasonably clean, sanitary and orderly. Persistent failure to adhere to Market policy in this respect will constitute just and sufficient cause for revocation of tenant's or user's privileges. Area included in this responsibility extends ten (10) feet adjacent to rented spaces and around all vehicles parked at their rented space. Refuse in this area must be swept, collected, and deposited in garbage containers as provided by the Market.
(2) Discards from grading and preparing products for sale will not be thrown on the pavement but will be placed in garbage containers on the Market yard for proper disposal.
(3) All space for which the tenant is responsible (as described above) must be left free of cartons, produce, trash or other debris.
(4) Littering on market property is prohibited.
(5) Compliance with provisions of the South Carolina Food and Cosmetic Act.
34. Selling Areas
The market manager shall have the authority to establish selling areas for South Carolina farmers and specific products at such times as may be necessary for orderly use of the market, arrangement of parking and traffic control. In order for a farmer to be eligible to use said space for selling, he may be required, under oath, to specify that all the produce was grown on his farm and that it is being sold by himself, a member of his immediate family, or a person who has had a working part in its production on the farm. No person shall use or occupy any space other than that designated by the market manager.
35. Speed
Every person operating a vehicle on the property of the market shall drive said 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. In no case shall any vehicle exceed the posted speed limits.
36. Stationary Buildings
Stationary buildings designated for storage and/or refrigeration will be permitted only upon written approval of the market manager.
37. Theft, Personal Injury, Property Damage
Neither the South Carolina Department of Agriculture, the market, nor any of its employees shall be responsible for any loss through theft, or otherwise, of products or any private property on the market. The market will not be responsible for personal injuries or damage to private property.
38. Tips, Loans, or Gratuities
The market manager and all other employees of the market are prohibited from receiving any tips, loans, or gratuities from any buyer or seller on the market.
39. Unacceptable Behavior
No lessee, renter or his employees shall do any act or use any language which appears to be intended to insult another lessee, shopper, market staff person or to intimidate a shopper or buyer into purchasing a product. The use of any profane, discourteous, harassing, or abusive language on the market is prohibited and is punishable as provided by Rule D(43) herein.
40. Unfair Practices
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. Buyers or vendors may not approach any buyer, vendor, or member of the public until such person has parked his vehicle in an authorized sales area.
41. Vacating Space
Tenants or truckers, when leaving an assigned space shall leave the space clean for the next incoming user.
42. Vehicles
All vehicles must enter and leave the market area through properly designated entrances and exits. While on the market they are the responsibility of the registered owner. The market manager shall have the authority to direct the arrangement and movement of all vehicles on the market. (Also, see "SPEED".)
43. Violations
The market manager shall have the right to revoke any privilege issued to any person under the terms of these rules and regulations in case of violations of any of such rules and regulations, and such revocation is for immediate effect. Any person who has had such privilege revoked shall be barred from the market until he shall be reinstated. The revocation process shall be as follows:
a. In case of serious violations any person found to be in such violation may be immediately expelled and barred from the market by the market manager for a period not to exceed thirty (30) days. In appropriate circumstances, a violator may be permanently barred or barred for a longer period by the Commissioner of Agriculture.
A serious violation is defined as any act which poses an immediate hazard to the health or safety of market staff, vendors, or the public. Nothing herein shall be construed to restrict the ability of the market manager to consult with or request the assistance of law enforcement officials in the enforcement of these rules and regulations and state and local laws.
b. In case of other violations, the market manager shall:
(1) For a first offense, serve a written warning upon such violator or violators outlining the infractions and indicating steps necessary to bring such violator or violators into compliance with these rules and regulations.
(2) In case of a second offense or failure to comply with a written warning after a first offense, the market manager may suspend the violator or violators for a period not to exceed thirty (30) days. The privilege of market use may be reinstated upon application to the market manager stating the reason or justification for terminating the expulsion. The violator must indicate future agreement to comply with all provisions of the rules and regulations. Future failure to fully comply will result in additional expulsion for a minimum period of time at least double that of the original expulsion time. Subsequent reinstatement procedures will be accomplished in accordance with the original format.
(3) In case of a third or subsequent violation, the market manager may bar such violator or violators from the market indefinitely, subject to the reinstatement procedure of Rule D(43)(b)(4) below.
(4) Any person whose privilege has been revoked by the market manager may appeal to the Commissioner of Agriculture. All appeals under this Sub-Section must be made in writing within seventy-two (72) hours after written notice of revocation, and such appeal shall set forth in a concise manner the cause of the revocation and the reason for appealing. During the pendency of such appeal, the person whose privilege is revoked shall be barred from the market. Upon receipt of the appeal, a time shall be set for a hearing not less than one day nor more than thirty (30) days after the appeal has been filed. After hearing such an appeal, the Commissioner or his designee may affirm the revocation or reinstate the applicant, and action of the Commissioner or his designee shall be conclusive and final.