Lexington Farmers Market
Market Rules
Location: The Lexington Farmers Market is a “Producer’s Market” located in the McCrum’s municipal parking lot off Jefferson Street between Washington & Nelson Streets in Downtown Lexington, VA.
Selling Season: The regular market will be open for retail sales between the hours of 8:00 a.m. and 12:30 p.m. on each Wednesday, from the first week of April through the last week of December, including Holiday Market(s).
Winter Market Season will be open for retail sales between the hours of 10:00 a.m. and 12:30 p.m. on each Wednesday, from the first week of January through the last week of March.
Vendors may begin to set up an hour prior, and complete set up by 8:00 a.m. Vendors should be prepared to leave the market site an hour after closing. Vendors and their vehicles parked within the market boundaries are required to remain there until the end of market (12:30 p.m.) unless consent from the Market Manager has been arranged.
Vendor Absences: It is critical you notify the Market Manager No Later Than 6:00 PM on Monday evening of your absence so the manager can arrange to for backup in your category to avoid customer disappointment. If your space is not occupied 30 minutes prior, and the Market Manager has not heard from you that you will be late, your space may be assigned as a day rental. Three or more absences without properly notifying the Market Manager may result in forfeiture of your space for the remainder of the season. In the event that a (season) vendor in good standing is unable to attend the market, another vendor in good standing may sell that vendor’s products for them (NOT resale) until such time as the vendor can return. Products must be clearly labelled/displayed to maintain producer identity.
Market Manager: The Market Manager will have the full power to enforce all rules and regulations within the market area as authorized by the appropriate section of the city code. In the event that the Market Manager is absent from the market, the Market Committee Chairperson will be in charge for the day. Vendors selling prohibited items will be asked to remove those items from sale or leave the market. Failure by any vendor to comply with any of these rules and regulations can result in the forfeiture of the right to do business of any kind in the market for the length of time determined by the Market Committee. Any vendor challenging another vendor’s product’s legitimacy or conduct must file a written complaint (dated and signed) with the Market Committee, giving the name of the vendor and the product or situation they feel may be out of compliance with Market policies. The Market Manager will attempt resolution. If resolution is not possible, the complaint will be referred back to the Market Committee.
Market Committee: The Lexington Farmers Market will appoint members to a Market Committee. The Market Committee will have responsibility for oversight of the market, including development of a Market Structure document and the implementation of the Market Rules. It shall meet on an ad hoc basis.
Vendor Application: A vendor application must be completed prior to selling at the market. Acceptance to, and placement at the market will be decided by seniority, space availability and the discretion of the market committee with a goal of diversity and enhancement of the market experience for vendors and customers, alike.
Space Assignments:
One (1) Paid Space: entitles vendor to sell from one vehicle and set up their 10×10 tent, with weights, their own table(s) & chair(s), decorations and merchandise. Everything must occupy only one space as assigned by the Market Manager. Any booth helpers’ vehicles, must be parked off-site from McCrum’s, leaving maximum parking spot availability for customers.
Maximum vehicle size is a standard pick-up truck; space size is 10 ft wide by approximately 20 ft long. Use of a trailer or larger truck may be approved, only a case-by-case basis.
Selling from a vehicle in one space and setting up in an adjacent space is considered TWO spaces and will be charged accordingly.
Reservations: Producers may reserve a space at the market for the entire season by paying a fee in advance of the season, at a more favorable rate than ad-hoc reservations. Otherwise, space may be reserved on a day by day basis for $15.00 per day. Day vendors must coordinate with the Market Manager prior to setting up. UN-reserved space may be reserved for the remainder of the year at any time during the season by making full season payment. No refunds are given for missed weeks, inclement weather or zero-sale days.
Lower-Cost, Tent-Free Spots: The McCrum’s location allows for a few day vendors with modest setups. These spaces do NOT include room for a vehicle or tent, but you can set up a table and chair. Such low-cost spots are scattered throughout the market rows, in the front of medians with trees. The market can accommodate four to six of this type vendor. The season fee for this area will be $100.00. Set up in the aisle on a day-by-day basis will be $10.00 per day. Any vendor opting to use this area agrees to park their vehicle off-site in the court house parking lot.
Sales: Vendors will be responsible for individual Virginia State sales tax payments. Vendors are required to report daily gross sales to the market managerat the closing of each market date and to pay a fee of two percent (rounded up to the nearest $100) of gross sales. (Sales chart with examples under separate cover)
Displays: Vendors are responsible for providing their own tables and weather protection. All displays, including umbrellas and canopies, must be securely anchored and should not extend beyond the limits of the assigned space. Vendors using canopies must always attach weights. Should the wind suddenly pick up, any unsecured canopy creates a liability issue, putting people and property at risk, and is considered unacceptable. It is required that all vendors use safe displays and be aware of tripping hazards. Come prepared to pack out your own debris, if necessary.
Vendors are responsible for safety & cleanliness within their vending area. Vendors must leave their space clean at the end of the day.
Who May Sell: Only producers may sell at the market. A producer is defined as the person that grows the produce or makes the product and may include the producer’s immediate family, partners, employees or local cooperatives (upon prior review). A partnership, for the purpose of this document, is defined as two or more individuals engaged together in the joint production of agricultural products. All partners must be identified on the vendor application. Applications may be modified or updated during the season. Such changes require the approval of the market committee. Complaints by a producer of known or suspected violations of these rules must be submitted in writing to the Market Committee. All complaints will be kept confidential. The Market Manager will schedule a visit to the suspected producer’s production site. Producers refusing to allow a site visit and inspection will no longer be allowed to sell at the market.
NOTE: ALL PRODUCERS ARE SUBJECT TO INSPECTIONS BY THE MARKET MANAGER.
Initial/continued participation in the market by any vendor is at the discretion of the Market Committee.
What May Sell: All goods sold at the Lexington Farmers’ Market must originate within a 50-mile radius of counties that fall within a 50-mile radius. Exceptions to this rule may be made by the Market Manager in consultation with the Market Committee. Producers may sell farm, garden and kitchen products including (but not limited to) fruits, vegetables, eggs, cut flowers, plants, cheese, meats, cider, jams, jellies, relishes, honey, and baked goods; In addition, any product naturally growing or produced from their land including but not limited to woody, animal, mineral, and insect products and their by-products. In the case of prepared food and value-added food products, all ingredients do NOT need to be from land owned, rented or leased by the producer.
Many items are subject to Virginia Department of Agriculture and Consumer Services or health department regulations. It is the responsibility of the producer to abide by these regulations and provide proof thereof to the market manager. Contact these agencies for inspection and approval, as required. The sale of cooked meats, game, poultry or fish is allowed if the food comes from a VDACS inspected and approved kitchen and is held at proper temperature at the market. In order to sell raw, fresh or frozen meats, game, poultry, eggs or fish, each item must be raised by the producer, must meet all governmental requirements for retail sale, and must be maintained at an approved temperature at the market. It is the responsibility of each producer to abide by all state and federal regulations. The VDACS contact phone number is listed below.
Candies, jams and jellies, and baked goods may be sold without kitchen inspection if labeled in letters no smaller than 1/16th of an inch; “NOT FOR RESALE—PROCESSED AND PREPARED WITHOUT STATE INSPECTION.” In addition, all honey and honey products must be labelled “WARNING: Do Not Feed Honey to Infants Under One Year Old”.
Other Regulations: The following regulations also apply to the market operation.
- Arts and crafts made from agricultural products produced on the vendor’s property may be offered for sale without prior approval of the committee.
- No poultry, game or livestock will be slaughtered or dressed within the market area.
- The sale of live animals is not allowed at the market.
- Fraudulent, dishonest or deceptive merchandising, disruptive behavior, or collusion to set prices among vendors may be grounds for forfeiture of the right to do business of any kind in the market for a length of time to be determined by the market committee.
- Solicitations for products, services or charitable contributions not specifically addressed as a market commodity, or by vendors other than market vendors, are not permitted without prior permission by the market committee. Walk-in solicitations are not permitted.
- Vendors must be fourteen years of age or older. Younger children are welcome and encouraged to participate but must be accompanied by an adult responsible for the child’s conduct and safety.
- The producer must grow plants and flowers offered for sale. All producers should take care to follow the legal limits on production of plants listed on the state or federal list of rare wild plants.
- Vendors and their associates shall refrain from the use of tobacco products within 25 feet of the market perimeter.
- All items for sale must have their prices plainly marked within plain sight of the customers.
- Only season vendors may offer “shares” or subscriptions.
Contact List:
Market Manager:
Mitch Wapner
e: [email protected]
Market Committee Members:
Michelle Wells (540) 319-3399 (Chairperson)
[email protected]
Adolfo Calixto (540) 256-3676
[email protected]
Pam West (304) 647-8195
[email protected]
Brian Ross (540) 460-4755
[email protected]
Mitch Wapner (540) 463-9234 home / (540) 460-2516 cell
[email protected]
VDACS Bureau of Food Inspection:
Joseph Fabrizio [email protected]
Main VDACS Office (540) 562-3641
Department of Weights & Measures: (804) 786-2476
VDACS Farmer’s Market Prices Update: 1-800-552-5521
www.vdacs.virginia.gov/marketnews/publications.html