2024 Bernice Garden Market Policies and Procedures

Bernice Gardenprefers that all items sold be grown, crafted, baked, sourced, orhandmade locally.  Individual consideration will be given toapplications with goods that do not fit within these guidelines.  Nodirect sales or MLM.
Vendors need to be in their designated area nolater than 30 minutes prior to event  start. You are responsible fornotifying the Market Manager if you will be late. Your assigned spot maybe forfeited and you will be placed wherever space is available.
Vendorsare expected to notify the market at least 24 hours in advance if theyare unable to attend. If space is reserved and not occupied, the vendormay be required to seek approval from market coordinators beforereserving any future event.  Recurring absences may result in removalfrom the approved vendor list.
The Bernice Garden does not provideany set up equipment or supplies.  It is the responsibility of thevendor to provide all extension cords, tables, chairs, signage, tape,decorations, and display equipment.  Vendors are responsible to secureextension cords to prevent trip hazards. Vendors need to consider theoutdoor nature of the venue and plan accordingly to protect theiritems.  If a table or tent is needed to rent from The Bernice Garden,vendor must request it 24 hours prior to the event.
Vendors shouldadequately insure their own personal property used at The BerniceGarden.  The Bernice Garden assumes no responsibility or liability fordamages to personal property.  Any damage or injury to vendors’ personalproperty or employees will be the sole responsibility of the vendor.Any damage or injury to the Bernice Garden property or to Bernice Gardencustomers caused by a vendor or its employees is the soleresponsibility of the vendor.
As a vendor, you agree to treat fellowvendors, the public, and managers in a  courteous and appropriatemanner. Any concerns should be brought to the market  manager’sattention. Yelling, cursing, harassment, inappropriate conduct, and/or disrespectful language will not be tolerated and will be grounds forimmediate  dismissal from the market indefinitely. If needed, you  mayfile a formal complaint.
All display items (signs, etc.) must be contained within the vendor’s space to  prevent potential trip hazards.
The market will commence rain or shine – fees are refunded ONLY if the event cancels.
Vendorswho provide samples and/or products that result in waste material suchas  cups,   rinds, corn cobs, etc. must provide containers for wastedisposal. Vendors are responsible for leaving their assigned area cleanat the end of each market day.  Vendors leaving their space unclean willbe charged a $25.00 clean up fee that will be due the next time thevendor attends.
Vending assignments are controlled by the MarketCoordinator. Management reserves the right to relocate vendors asneeded.  Moving locations is not permitted without approval. Inassigning vendor locations, the following are taken into consideration:
1. How the featured product might contribute to the market. (Priority farmer placement at farmer’s market, etc)
2. Specific requests for electricity needs for meat, egg, and dairy vendors.
3. Reasonable requests from vendors.
Vendorswho choose to bring children to the Market are asked to ensure that theconduct of the minors is appropriate and not disruptive to customers orother vendors.
We are a pet friendly venue –customers and vendorsare welcome to bring their  pets. Pets should be leashed and remain withthe owner at all times. The owner assumes all responsibility/liabilityof their pet’s actions.

**The Market Coordinator may revoke the privilege of vending  based on violations of any Bernice Garden Market Guidelines.**

Additional Noteworthy Topics:
*Vendors may be asked to relocate due to special events or market cohesion
*Vendors are encouraged to have a sign displaying their business name.
*All products sold at the market should be of the highest quality and freshness.
*Allcrafts sold at the market should be original in nature, meaningcomponent materials  are sufficiently altered from their original stateto demonstrate fine craftsmanship.
*All artwork and display itemsare subject to management approval. Displays should  reflect the natureof the market and the products sold at the booth. Unapproved items  mustbe removed immediately upon request by management.
*Vendors areresponsible for the action of their representatives, employees, oragents. All  representatives must have direct knowledge of items beingsold.
*Vendors must be completely out of their space within 1 hourof event ending *Participation in the food stamp program, WIC farmersmarket nutrition program, and  senior farmers market nutrition programis highly encouraged. Participating vendors must  adhere to allguidelines of these programs.
*Compliance with all ArkansasDepartment of Health and Arkansas Agriculture  Department guidelines andrestrictions is the sole responsibility of each vendor. Vendors  mustdemonstrate their compliance with all guidelines, by request.

Sales Tax Obligations
Vendorsare responsible for registering with the Arkansas Department of Financeand  Administration and for collecting and remitting sales tax ontangible personal property  sold at the market, unless otherwise exemptpursuant to Arkansas Law
1. The Bernice Garden incurs noresponsibility on behalf of The Bernice Garden  Farmers Market vendorsregarding the collection and payment of sales tax and  provides noadvice regarding the tax status of individual vendors. The Bernice Garden recommends that each vendor consult a tax professional todetermine whether they are required to collect and remit sales tax.Information about tax  requirements can be found athttp://www.atap.arkansas.gov/ or by calling the  Arkansas Department ofFinance and Administration at (501) 683-2827.
2.  When required,The Bernice Garden staff may hand out event personal tax forms that mustbe sealed and returned to the market manager at the conclusion of theevent.  Whatever is claimed, written, or not written on the form is thesole responsibility of the vendor.

Health Department

Locally Prepared Food Products
•Any vendor bringing homemade food items to sell at the Market mustfollow the requirements set forth by the Arkansas Health DepartmentHomemade Food Guide (Replaced Cottage Food Laws document)

Items that can be sold under the Cottage Food Act of 2020 are as follows:

• Bakery Products that do not require refrigeration
• Fruit butter, jams, jellies, candy
• Honey, sorghum, maple syrup

Items that can NOT be sold unless a permit from the Arkansas Department of Health is presented:

• Sliced Fruits or Vegetables (Melons, Cut Leafy Greens, Cut Tomatoes, Garlic-in-oil mixtures
• Smoked, cured or dried meats
• Anything requiring handling, bagging, dividing, portioning, weighing, etc.
• Anything requiring refrigeration
• Canned Foods
• Casseroles
• Cheesecake, Tres Leches cakes
• Cream Cheese Based Frostings or Fillings
• Cream pies & Cream Filled Items
• Custard Pies
• Dried fruits, Vegetables, Herbs, Spices
• Juices
• Meringue Pies
• Milled Grain, Flour, Meal
• Pickled Vegetables
• Salad
• Shelled Peas or Nuts
• Sprouted Beans or Seeds
• Salsa & Pepper Jelly
• Ready to eat foods prepared on site or commercially prepared food that is not prepackaged.


Health Department Guidelines

Ifyou are selling meat, seafood, eggs, or plants you must abide by theArkansas Department of Health and Agriculture’s farmer’s market vendorguide:


Dueto the handling of food products / food nature, personal hygiene/cleanliness must be kept in line with Arkansas Department of Health3-401: The overall cleanliness and observation of good hygienicpractices by vendors include not only the personal cleanliness of thevendors but also the way he/she performs his/her business transactions.

For questions regarding Health Department Standards, please contact:

Tamara Almand, R.S., Manager
Environmental Health Specialist
Arkansas Department of Health
Central Region Office
5800 West 10th, Suite 907
Little Rock, AR 72204