Market Guidelines
1155 College Street Macon, GA
Wednesdays: 3:30pm to 6pm Year Round
1-478-254-5200

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Mulberry Market Policies

Mulberry Market (Market) is a diversified market providing local farmers, producers, and artisans with the opportunity to sell their products directly to consumers without the intervention of a middleman. The Market is managed and operated by Health Care Central Georgia, Inc., dba Community Health Works (CHW) and is operated under the authority of a permit granted by the City of Macon.  CHW shall implement and enforce all rules and regulations pertaining to the operation of the Market in a fair and equitable manner. CHW reserves the right to modify these policies at any time, as it deems appropriate.

Definitions

Agricultural Products – Fresh fruits and vegetables, nuts, honey, eggs, dairy products, nursery stock, cut flowers, wine, worms, fish, aquaculture, livestock, and poultry which have been produced, bred, raised, cultivated, or collected by a producer upon land which the producer controls.
Approved Seller – A person whose application to sell has been approved by CHW and who is selling or offering for sale at the Market an approved item or commodity.
Crafts – Items created, sewn, constructed, or otherwise fashioned from component materials items by a producer.
Derivative Goods – Items not made directly by the producer, but made with the producers’ products. For example, dairy products made with a producer’s milk. 
Employee – Except members of the immediate family as defined below, persons employed by an approved seller at a regular salary or hourly wage, either full time or part-time, but not including any persons whose compensation in whole or in part is based on, or consists of a commission on sales.
Family Member – Parents, Children, grandchildren, grandparents, and in addition any other family member regularly residing in the approved seller’s household.
Food Concessions – Ready-to-eat food that is prepared partially or entirely at the market.
Market Manager – A person or persons empowered by CHW to implement Market policies and oversee the operation of the Market.
Peddlers – Persons who sell items they did not produce themselves; a re-seller.
Prepared Foods – Items cooked, canned, baked, preserved, or otherwise significantly treated through the practice of the culinary arts by a producer. This category of products includes but is not limited to: dried fruits and vegetables, oils, nut butters, jams, pickles, and smoked products.
Seasonal Seller – A seller whose normal practice is to sell for a period of less than a full year. For example, a seller who grows commodities limited to the fall harvest, or a single commodity seller such as a peach seller, is a seasonal seller.
Year-Round Seller – A seller whose normal practice is to sell at the Market throughout the calendar year.

Eligibility
     Participation in the Market is limited to regional producers who sell only what they (or their Family Members or Employees) grow, breed, raise, cultivate, collect, create, sew, construct, cook, can, bake, or preserve or derivative products made from their products.  The re-sale of products by producers is not permitted. 
Limited Reselling
     Vendors are allowed to sell good from other producers provided the producer becomes an approved vendor, provides proof of insurance, and pays the weekly vendor fees in order for the existing vendor to sell said product(s). 
     CHW recognizes a growing complexity in what producer-only rules mean due to the increasing number of foods that require on- or off-farm processing and the increase in entrepreneurial strategies that producers are using to bring regional products to market. CHW regards these activities as indicators of a healthy adaptation due to access to direct markets and part of the process of building a viable local food economy. In making a case-by-case decision about these producers and their products, CHW will use a balance of factors: quality of product(s), scarcity of product(s) in the markets, diversity of product mix in the markets and traceability of the producers.

Required Permits/Licenses and Liability Coverage 
     All sellers must abide by all applicable federal, state and local health regulations in the harvest, preparation, labeling and safety of the product(s), s/he brings to market.  Sellers will be responsible for obtaining and paying for any permits and licenses required.  All permits and licenses must be kept current for the entire market season.
     It is the sellers’ responsibility to be familiar with the local, state, and federal regulations and permits that govern the products which they sell. The guidelines included in this document are included as a courtesy, but do not take precedence over governmental policy. 
Eggs 
All sellers processing non-restricted eggs must obtain a Food Sales Establishment License with the Georgia Department of Agriculture. All eggs offered for sale must be graded by a certified grader and must be appropriately packaged and labeled in accordance with applicable law, including but not limited to showing the date packed or an expiration date. 
Meat and Poultry
All meat and poultry sellers must obtain applicable licenses through the Georgia Department of Agriculture’s Meat Inspection office which governs meat slaughter, processing and labeling. In addition, retail sales of meat, seafood, and poultry from a mobile vehicle require a Georgia Mobile Vehicle License.
Pet Food
Any seller distributing any kind of pet or specialty pet foods or treats must obtain a Georgia Pet Food Registration License, this includes raw milk.
Dairy
Sellers of dairy products must obtain applicable licenses under the Georgia Dairy Act and the Grade A Pasteurized Milk Ordinance. 
Honey
Honey producers are required to obtain a Georgia Food Sales Establishment License to sell honey at the Market.
Prepared Foods
Loaf Breads, Rolls, and Biscuits; Cakes; Pastries and Cookies; Candies and Confections; Fruit Pies; Jams, Jellies, and Preserves; Dried Fruits; Dry Herbs, Seasonings and Mixtures; Cereals, Trail Mixes, and Granola; Coated or Uncoated Nuts; Vinegar and Flavored Vinegar; and Popcorn, Popcorn Balls, and Cotton Candy are exempt from the Georgia Food Act and may be sold at the Market without a License provided each product is labeled with the common name of the food, the name, address, and phone number of the seller, and a list of all ingredients found in the product. Sellers of any other prepared food must obtain a Georgia Food Sales Establishment License and comply with applicable labeling requirements.
Live Plants
Any seller of live plants whose production space is greater than 1000 square feet, ships plans out of state, brings plants into the state, or collects wild plants for sale must obtain a Georgia Live Plant License.
Food Concessions 
All Food Concession sellers must obtain the applicable licenses from the Bibb County Health Department. 
Product Liability Insurance
In addition to any permits or licenses required by all applicable federal, state and local health regulations, all vendors are encouraged to carry insurance product liability coverage. 

Application Process
     To become an approved seller at the Market, a prospective seller must complete an application and receive approval from the market manager. All items intended for sale shall be listed on the application and only those items approved for sale will be allowed to be sold. The application must be approved prior to the seller exercising the privilege of selling at the Market.
     All prospective sellers must include a copy of all applicable permits for production and sale (as described above by product type) and a copy of their Certificate of Insurance showing the required amount of product liability insurance if applicable. 

AN APPLICATION IS NOT CONSIDERED COMPLETE WITHOUT THE INCLUSION OF ALL APPLICABLE PERMITS AND CERTIFICATE OF INSURANCE.

     Applications will be reviewed based on the following criteria: uniqueness and variety or product offerings, geographic proximity to the market (local growers will receive priority), and length of commitment to the market (year-round sellers will receive priority). 
     All prospective sellers may be visited before approved to sell at the Market.  Market representatives may inspect any farm or establishment used by a prospective seller during normal business hours (8:00 am-6:00 pm) to verify compliance with the producer-only requirement. All sellers are subject to annual farm or business visits and inspections. Market representatives may inspect any farm or establishment used by its farmers, growers, or producers during normal business hours (8:00 am-6:00 pm) to verify compliance with the producer-only requirement. Failure to permit a farm visit or inspection may result in suspension from the Market.

Vendor Fees
     Vendor fees are collected weekly and you are provided with access to a vendor space on a week to week basis. While the market attempts to provide seasonal sellers with a consistent vendor space each week, year-round sellers will receive priority.

Vendors with weekly sales of $100 or more - $15
 

Vendors with weekly sales less than $100 - $5 plus 10% of weekly sales

Standards of Conduct
    Sellers shall be honest and shall conduct themselves at all times in a courteous and business-like manner.  Drinking, yelling, swearing, name-calling, slanderous remarks, and other rude behavior will not be tolerated.  Rude, abusive or other disruptive or offensive conduct is not permitted.  Conduct by sellers that is materially and seriously prejudicial to the reputation or operation of the Market is not permitted. No radios or boom boxes may be played during market hours.  No loud hawking, shouting or barking to promote products is allowed.  Sellers experiencing any difficulty with customers or other sellers in this regard should refer the matter promptly to the Market Manager.

Operating Rules
     CHW’s on-site Market Manager is responsible for administering and enforcing all Market policies and guidelines as well as public safety, space assignments, market data collection, EBT redemption, matching incentives programs, and market public education programs. The Market Manager is instructed to handle and resolve any issues that may arise during the Market. 
     CHW operates an EBT/SNAP (Food Stamp) and Debit/Credit Card machine at the Market.  The machine swipes a customer’s card in exchange for tokens that can be spent at market stands.  All eligible sellers are encouraged to participate in the EBT/Debit/Credit program and accept tokens as a form of payment. Should a seller not wish to participate in the program, he/she must display a sign notifying customers that tokens are not accepted. 
     Only items listed in a seller’s completed and accepted application can be sold at the Market.  Items not listed will be allowed for sale only with advance approval by the Market Manager. 
     Designation and allocation of vending spaces shall be the responsibility of the Market Manager.  Electricity is available on a limited basis in a small section of the Market and must be arranged in advance. 
     Sellers will not set up prior to 2:00 pm on the day of the Market and may not tear down until 6:00pm. No seller vehicles will be allowed to park in the parking lot between the hours of 3:30pm and 6:00pm in Tattnall Square Park.  Ample street parking is available.
     Sellers are responsible for providing their own tables, chairs, canopies, etc. and must fit within the confines of the designated space as predetermined by the Market Manager.  All canopies, umbrellas, and shade protection utilized on the Market site must be safely and properly anchored at all times. 
     Each seller is responsible for maintaining the cleanliness of his/her designated area. There are limited trash related services available, and all sellers are responsible for removing waste at the conclusion of the Market. 
     Sellers are responsible for notifying the Market Manager as soon as reasonably possible if he/she will not be attending the Market. 
     Food samples must be prepared behind the sellers stand and presented in a safe and sanitary manner, according to applicable health regulations. The seller must provide trash receptacles for the disposal of any sampling materials such as cups, utensils, or toothpicks. 
     Scales must be registered as legal for trade and meet local and/or state regulations for commercial scales. Scales must be placed so that they are clearly visible and readable to customers at all times.
     Sellers are responsible for filing and paying all sales tax incurred from the sale of products at the Market.

Suspension and Removal
     Violation of any of the Policies and Guidelines contained herein will be handled as follows:
  • First violation results in a verbal warning, issued by the Market Manager. The seller will be given the opportunity to correct the violation at that time if possible.  If a seller refuses to correct the violation, he/she will be asked to leave the market until he/she complies.
  • Second violation results in expulsion from the Market and a written warning issued by the Market Manager.
  • Third violation results in permanent expulsion from the Market.
     The Market Manager reserves the right to expel any vendor immediately upon the first violation if the offense warrants such action. No portion of any fees paid will be refunded.

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