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The West Milford Farmers Market
Established January 2009
A project of Sustainable West Milford, Inc. a 501(c)(3) non-profit corporation

Background and Bylaws
Approved January 27, 2009

The West Milford Farmers Market - Meet the growers, makers and your neighbors!

• All products available at the market will be high quality and produced and/or crafted by the vendors themselves in order to maximize the economic, environmental and social benefit of the Market to the local community.
• West Milford vendors will be prioritized for available vendor spaces, but vendors outside the municipal boundary within a 75 mile radius of the Town will be permitted in the interest of providing a diversity of foodstuffs and goods to local residents.
• The Market will serve as a community social resource, by providing opportunities for enhanced social interaction through regular entertainment and educational programs; e.g., performances by local musicians, and free tabling space for local non-profit, non-partisan entities.

1. Name The name of the organization shall be the West Milford Farmers Market (the "Market").
2. Location The location of the Market will be the parking lot of Our Lady Queen of Peace located at 1905 Union Valley Road, Hewitt, New Jersey.
3. Time The Market will operate on Wednesday from 3 pm to 7 pm.
4. Season The starting date for the Market will be June 17, 2009. The last Market of the season will occur on October 28, 2009.
5. Other All provisions of this Article II may be modified at any time.

1. Farmers Market Committee A Farmers Market Committee (the "FM Committee") consisting of 7 voting members will oversee the Market. Members of the FM Committee will be appointed by and serve at the pleasure of the Sustainable West Milford Board of Directors (the "SWM Board") for a term of 1 year, commencing on December 1 of each calendar year, and renewable without limit. The Sustainable West Milford Executive Committee (the "SWM EC") and the SWM Board shall be responsible for the review and approval of all expenditures proposed by the FM Committee. While the FM Committee will be granted significant latitude and independence in its activities and decisions of a non-expenditure related matter by the SWM EC and the SWM Board, the SWM EC and SWM Board shall maintain approval/veto authority over all activities and decision of the FM Committee.
2. Duties Members of the FM Committee shall collectively share in the responsibilities associated with the planning and operation of the Market. A key task is that of Market Manager. Each member of the FM Committee shall be responsible for serving as the Market Manager as their schedule permits. The Market Manager is responsible for establishing a well organized, safe environment for vendors and customers, and for ensuring that market equipment is maintained, secured and available for ongoing use. Those FM Committee members unable to serve as Market Manager due to other commitments will provide other assistance to the FM Committee so that each Committee members bears a fair share of the collective responsibility.
3. Roles While the FM Committee will not appoint a formal board of directors, committee members shall annually select individuals to fill the following roles:
1. Treasurer. The Treasurer is responsible for keep accurate records of the FM Committee's finances, serves as the liaison on financial matters with the SWM EC and SWM Board, reviews budgets, ensures projects are completed within budget and fills all other duties associated with the role of Treasurer.
2. Secretary. The Secretary records the minutes of each FM Committee meeting, keeps them available for official inspection, is in charge of correspondence, and is the keeper of all official documents pertaining to the FM Committee, as well as all other duties associated with the role of Secretary.
3. Other Roles. The FM Committee may decide to create additional roles as needed and appropriate.
4. Voting Procedures While only members of the FM Committee may make decisions on the operation of the Market (subject to override authority noted in Article III A), vendors or interested residents of West Milford are invited to support the Market as volunteers through fundraising, advertising and recruiting vendors. The FM Committee will seek to maintain an informal planning and decision making environment, and to achieve consensus for all decisions. However, when consensus is not possible, a simple majority vote will carry any decision. A quorum will not be required for any vote, formal or informal, provided that all FM Committee members have been given the opportunity to attend the meeting at which decisions are made.
5. Relationship with Vendors The FM Committee will hear and make timely decisions on any Market vendor complaints, concerns, suggestions or issues as brought to their attention by a vendor. All decisions are at the sole discretion of the FM Committee (subject to override authority noted in III A).
6. Compliance Vendors not in compliance with the Market bylaws and such other regulations that may be established from time to time will be asked to leave the Market by the FM Committee, and not return until such time that they can demonstrate compliance. The FM Committee reserves the right to reject any vendor from participation in the Market for any reason it deems valid.
7. Meeting Schedule The FM Committee will meet as needed throughout the Market season.

1. Eligibility In order to be considered for inclusion in the Market, the following minimum eligibility criteria must be satisfied:
1. Farm and/or place of fabrication must be within 75 miles of the municipal boundary of West Milford. Growers/producers located within West Milford will be prioritized when possible and appropriate, at the sole discretion of the FM Committee.
2. A minimum of 80% of edible products proposed for sale must be produced/crafted by the vendor of/from products grown/produced at an operation of which they are the majority owner. Any edible products proposed for sale by the vendor that do not come from an operation of which they are the majority owner must still be produced/crafted within 75 miles of West Milford.
3. Non-edible consumer goods must be personally crafted by the vendor, and at a location within 75 miles of the municipal boundary of West Milford.
4. Producer must be available and commit to being present at the Market as specified in the guidelines below.
5. Farm/place of fabrication, and where appropriate, product samples, must be available for inspection by the FM Committee and its designees.
6. Special Exception - Vendor category B (i) and (iv) as noted below.

Satisfaction of the minimum eligibility shall not ensure interested vendors the opportunity to participate in the Market. By April 1st of each year, the FM Committee shall select and notify those vendors that it believes would best fulfill the mission of the Market. Failure to maintain compliance with the above eligibility criteria, Market bylaws and other regulations established by the FM Committee shall constitute grounds for dismissal as per Article III F.


2. Vendor Types In order to provide for a diversity of products, the Market will strive to incorporate a diversity of vendor types, as noted below. Each vendor participating in the market will be classified in one of the following categories, which may be modified at any time at the sole discretion of the FM Committee:
1. West Milford Business Owner
   1. An individual who owns and operates a commercial enterprise within the municipal boundaries of West Milford, who participates for the purpose of selling local produce, products and consumer goods.
   2. No franchise operations other than those with their principal headquarters located within the municipal boundaries of West Milford will be permitted.
   3. Products resold by this type of vendor are subject to the following provisions of Article IV(A); i, ii, iii, v and vi. The West Milford Business Owner is responsible for ensuring the producer, fabricator and/or artisan is fully in compliance with the preceding provisions, and shall supply proof of said compliance to the FM Committee upon request.
2. Natural Products Artisan
1. An individual who personally crafts consumer goods at a location within 75 miles of the municipal boundary of West Milford.
2. Participates in 10 or fewer markets during the Market season.
3. Full-Time Professional Grower
1. An individual or principal owner of an entity that grows and creates agricultural products within 75 miles of the municipal boundary of West Milford, and derives a significant portion of their personal income from same products.
2. May sell both 'raw' agricultural products (e.g. vegetables, fruit, eggs) and value-added products (e.g. jelly, cheese)
3. Participates in other farmers markets, and sells and markets products through other channels.
4. Commits to attending every Market day.
4. Professional Producer
1. An individual or principal owner of an entity that grows and creates agricultural products within 75 miles of the municipal boundary of West Milford, and derives a portion of their personal income from those sales.
2. May sell both 'raw' agricultural products and valued-added products.
3. May or may not participate in other farmers markets.
4. Commits to attending the Market on at least a bi-monthly basis.
5. Exceptions to the percentage limitations of Article IV(A)ii will be permitted when the product does not overlap the goods of existing vendors, and when the product is determined by the FM Committee to add value to the offerings of the market.
3. Parking At the start of the Market season, the FM Committee or its designee will assign a permanent parking space to each vendor. Adjustments to the parking plan are made for each Market date and event according to expected and actual vendor participation. Vendors will be required to arrive and park vehicles one (1) hour prior to Market opening. Adjustments to the parking map will be made as needed to ensure parking strategies result in a well organized, safe and appealing Market place. Vendors who want to exit the market prior to designated closing time must get approval from the Market Manager prior to moving their vehicle. Vendors shall vacate the Market no later than one (1) hour after the Market ends.
4. Attendance Market vendors, except as otherwise noted in these bylaws, are expected to be present at every week of the market, regardless of weather conditions. Limited exceptions may be made for extraordinary circumstances beyond the control of the vendor. Vendor shall provide at least 24 hour advance notice to the FM Committee or its designee, if possible. The FM Committee reserves the right to ask vendors to leave the Market should vendor establish a pattern of absence that is disruptive to market operation. No refunds will be provided for those Market days which vendor's have paid for, but fail to attend.
5. Sale Activities Only During Designated Market Hours The Market is set up, and opens to customers on specific days during set hours as established by the FM Committee. Vendors are expected to adhere to the established hours of the Market and sell only during those established operating hours.
6. Fees In order to pay for advertising, management and other expenses associated with Market operation, fees will be charged to all participating vendors. The fee for a single booth space at the Market is $30 for one 12' x 12' space, per week. A vendor may register to use more than one space at the market. The payment schedule is as follows:


April 6 - $40 Registration Fee

May 13 - 1/2 of total booth rental fees

July 15 - Balance of total booth rental fees

If payment for the Market season is made in full by May 13, the following prepayment discounts will apply. For vendors committing to attend every Market session - a $50 discount. For vendors committing to attend at least half of the Market sessions - a $25 discount.

1. Off Site Product Sale Limitations Except in the case of a West Milford Business Owner, no more than 20% of a vendor's goods may be produced or purchased from outside of the grower's/producer's/artisan's agricultural operation. It is the responsibility of the grower/producer/artisan to verify that products sold adhere to this guideline. If market management has reason to suspect noncompliance, the Market reserves the right to take all reasonable steps to verify vendor claims, including site visits.
2. Satisfy Customers All vendors shall be fully and solely responsible for guaranteeing customer satisfaction with the quality of their product (inclusive of resale products), and shall take all reasonable steps necessary to provide such satisfaction. At no point shall the FM Committee, Sustainable West Milford, the SWM Board or the SWM EC be responsible for resolving any customer complaints about products sold by vendors.
3. Artisan Items New Jersey and New York craft items fabricated within 75 miles of the municipal boundary of West Milford may be accepted after a juried review by the FM Commitee. The FM Commitee reserve the right to reject any vendor or crafter from participation in the market for any reason.
4. Local Sourcing Requirements All produce, products and crafts sold at the Market must be grown, produced or crafted within 75 miles of the municipal boundary of West Milford, save for those exceptions noted in G below.
5. Measurements USDA approved scales should be used in sales of products sold by weight. If a USDA scale is not used, the seller is encouraged to sell by the item, bunch, number or volume.
6. Permits The sale of certain products requires certificates or permits issued by the state of New Jersey or other government agencies. Permits include, but are not limited to; processed and cooked foods, fish, dairy products, meats, potted nursery plants, flowers. Vendors are responsible for obtaining all appropriate certifications and inspections as required by the law. The Market may request verification of licensing, where appropriate.
7. Processed Food Items Vendors are required to declare that they will be selling processed food and cosmetic items at the time of application. Processed food and cosmetic items are accepted by the Market, provided they are determined by the FM Committee to add value to the Market. These include jellies, jams, canned vegetables and fruits, flavored vinegars, oils, dressings, soaps, lotions, breads, dairy products and meats. The FM Committee, on an individual basis, will assess value added items for sale by Market vendors. Items will be evaluated on the basis of their enhancement to the grower's regularly sold products, their value as an addition to the variety of products at the Market and the historic/traditional nature of the item. The Market reserves the right to make on site verification of vendor claims. It is the vendor's responsibility to acquire permits and provide verification of certification to sell processed food products. Necessary certificates must be available at the vendors stand during market hours. Vendors are not permitted to bring products to the Market that are not declared at the time of application.
8. Plants Subject to the review and approval of the FM Committee, vendors are permitted to bring plants for sale that they have grown from seed/cutting or 'finished' to a significant degree (e.g. blueberry plants that have been grown to fruiting maturity) at a location within 75 miles of the municipal boundary of West Milford. The FM Committee will consider such criteria as uniqueness and ready availability in determining whether to permit such items.
9. Labels For edible items the FDA recommends the following information on product labels: your name, common product name, list of ingredients, weight or approximate weight stated as such.
• Example:
  Mary Smith-Smith Farms Zucchini Bread
  Contents-zucchini, flour, butter, sugar.
  Approximate weight (can be marked as…) _ pound or as 1 loaf.
  Mary Smith-Smith Farms Cherry Jelly
  Contents-cherry juice, water, sugar
  _ pint
10. Insurance A certificate of liability insurance is required with a minimum coverage of $1,000,000.00 comprehensive general liability including contracts, liability, products and completed operations and minimum coverage of $100,000.00 automotive liability and worker's compensation at statutory limits. This Certificate of Insurance shall include an additional insured endorsement, naming the deeded property owner of the Market location and Sustainable West Milford, Inc., as an additional insured in respect to the West Milford Farmers Market and must be addressed to the Sustainable West Milford Board of Directors, 50 Linwood Road, Hewitt, New Jersey 07421.


The certificate must be received and approved by the FM Committee prior to the start of the Market season. Insurance must remain in full force and effect for the duration of vendor's participation in the Market, and the certificate must reflect coverage effective for the appropriate time period.


11. Trash Each vendor is responsible for cleaning the area around his or her stall. Vendors' generated waste should be disposed back at the Vendor's farm or commercial operation. The FM Committee will provide sufficient trash receptacles for use by the public. Each vendor is responsible for their space and will be expected to clean it before leaving the area. Recycling containers will be available at the market and vendors are asked to recycle plastic and paper. The market area shall be kept free of litter, trash and unsightly clutter. Vendors not in compliance will be assessed a minimum $15 fee.
12. Signs For uniformity, every Vendor must provide an identification sign, at the Vendor's own expense. Those vendors indicating certified organic status must have available at all times the appropriate certificate for inspection by the FM Committee and the public. Signs may not exceed 4' by 10'. Lettering on the sign must be at least two inches tall. The sign must be brought to the Market by the Vendor each week and must be displayed in the Vendor's own display area in a prominent location able to be viewed by all customers (truck mounted is satisfactory).
13. Displays All prices must be clearly posted before and during the time of the Market. Tables displaying produce must be set up so that no Vendor blocks or limits the view or access of a customer to a neighboring Vendor. Permission to set up additional displays in front of the tables will be at the discretion of the FM Committee or its designee, depending upon the type of produce sold [for items such as melons, etc.] Vendors are strictly prohibited from displaying or distributing any political paraphernalia including but not limited to flyers, banners, buttons, or other items that could be conceived as campaigning for one political candidate or slate of candidates. Vendors must supply their own scales, bags, tables, electrical power, awnings, refrigeration if necessary, etc. Products may be sold by the count, weight, bunch, or in legally acceptable containers. All other containers must identify the net weight of the contents.
14. Space for Not-for-Profit Community Service Groups and/or Clubs The FM Committee reserves the right to permit community-based, not-for-profit service groups and/or not-for-profit clubs to occupy a booth to promote that group's and/or club's mission and projects. Such community-based not-for-profit group or club may not interfere with the orderly operation of the Market and may not offer for sale any produce or product or raffle. A nonprofit organization is strictly prohibited from promoting any political party or slate of candidates, and from passing out political flyers or information. No more than two such booths will be permitted each week at the Market and each such booth will be permitted to occupy only one parking space. Not-for Profit Community based service groups must register with and be approved by the FM Committee. Any such community-based service group desiring to reserve booth space at the Market must receive the prior written approval of the FM Committee Requests must be in writing and will be decided on a first-come, first served basis. Prior to participating in the Market, entities within this category must furnish a certificate of liability insurance with a minimum coverage of $1,000,000.00 comprehensive general liability including contracts, liability, products and completed operations and minimum coverage of $100,000.00 automotive liability and worker's compensation at statutory limits. This Certificate of Insurance shall include an additional insured endorsement, naming the deeded property owner of the Market location and Sustainable West Milford, Inc., as an additional insured in respect to the West Milford Farmers Market and must be addressed to the Sustainable West Milford Board of Directors, 50 Linwood Road, Hewitt, New Jersey 07421. Insurance must remain in full force and effect for the duration of vendor's participation in the Market, and the certificate must reflect coverage effective for the appropriate time period.
15. Buy Local Program Non-franchise businesses located and headquartered within the municipal boundaries of West Milford Township may participate in the Market for the purpose of advertising their goods and services. Interested participants must submit the attached 'Buy Local' form for review and consideration by the Committee. Applicants approved by the Committee will be permitted to participate in the Market once a month to a maximum of three times per Market season. A maximum of two spaces will be available at the Market per week. Participants will receive a 12 x 12 space. A $20 fee per Market session attended will be charged to recover Market advertising/marketing and supplies expenses. All participants must provide a signed waiver prior to participation, as well as proof of insurance as per V (J) of these bylaws. In order to avoid overlap with Market Vendor offerings and maintain a 'Farmers Market' feel, no products may be sold at the Market.