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Agriculture And Industries Chapter 80-7-1

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ALABAMA DEPARTMENT OF AGRICULTURE AND INDUSTRIES

FARMERS MARKET AUTHORITY

ADMINISTRATIVE CODE

CHAPTER 80-7-1

RULES FOR CERTIFICATION OF STATE FARMERS MARKETS

TABLE OF CONTENTS

80-7-1-.01 Purpose

80-7-1-.02 Definitions

80-7-1-.03 Certification Requirements Of A

Certified Farmers Market

80-7-1-.04 Criteria And Rules For A Certified

Farmers Market

80-7-1-.05 Issuance Of Certificates

80-7-1-.06 Compliance Requirements For The

Operator Of A Certified Farmers Market

80-7-1-.07 Applicability Of Rules And Regulations

Regarding Farmers Market Nutrition

Programs

80-7-1-.08 Penalties

80-7-1-.09 Appeals

80-7-1-.01 Purpose.

(1) The Alabama Farmers Market Authority serves to

promote the sale of Alabama-grown farm products by giving local

farmers the chance to sell food they raise directly to consumers

and allowing consumers to buy fresh food from the farmers who

raise it. The Alabama Department of Agriculture and Industries’,

Farmers Market Authority accomplishes this purpose by providing

local farmers markets the opportunity to become Certified State

Farmers Markets, thus giving consumers confidence that they are

buying only fresh, locally raised produce.

(2) The “Alabama Certified Farmers Market Program” is

created to promote and identify a market place for Alabama grown

fruits, vegetables, plants, and other products made and/or

processed in Alabama.

(3) The primary objectives of an “Alabama Certified

Farmers Market” is to offer a diverse product selection, attract

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a large and repeating customer base, and afford farmers a

profitable location to sell produce and other goods.

(4) Factors that define the term “Farmers Market” and

distinguish farmers markets from road-side stands, grocery

stores and from other types of food marketing outlets, include:

farmers selling produce and food items they grow and produce to

individual customers at a temporary or permanent location, often

located on public property, such as a common public area or

parking lot on a periodic basis, typically once or twice a week

for a set period of time, usually 3 or 4 hours. This happens

during the local growing season, usually 5 or 6 months.

(5) Depending on the farmers markets, a wide variety

of products are available. Poultry, pork, fish, shellfish, lamb,

beef, eggs, milk, cream, butter, cheese, honey, syrup, jams,

jellies, sauces, mushrooms, flowers, breads, and pastries are

some examples of vendor produced products sold at farmers

markets in addition to fruits and vegetables.

Authors: Don Wambles, Patrick B. Moody

Statutory Authority: Code of Ala. 1975, §§2-5A-1 et. seq.

History: New Rule: Filed February 12, 2014; effective

March 19, 2014.

80-7-1-.02 Definitions.

(1) As used in this Chapter, the following words

shall have the meaning stated below:

(a) Agricultural Production and Practice of the

Agricultural Arts -- To be involved in and make decisions

regarding all phases of producing an agricultural product, which

includes, but is not limited to, planting, growing, fertilizing,

irrigating, cultivating, pest control, and harvesting.

(b) Alcoholic Beverages – AL code §28-3-1 Any

alcoholic, spirituous, vinous, fermented or other alcoholic

beverage, or combination of liquors and mixed liquor, a part of

which is spirituous, vinous, fermented or otherwise alcoholic,

and all drinks or drinkable liquids, preparations or mixtures

intended for beverage purposes, which contain one-half of one

percent or more of alcohol by volume, and shall include liquor,

beer and wine.

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Market Authority” as provided in Alabama Code § 2-5A-1, et seq.

(d) Certified Farmers Market – A market certified by

the Authority where agricultural products are sold by producers

directly to consumers. The Authority shall issue a certificate

to all farmers markets that apply for a certificate, and meet

the criteria set forth by the Authority. A Certified Farmers

Market may be operated by two or more producers, by a nonprofit

organization, by a local government entity or other

organization/entity approved by the Authority.

(e) Certified Agricultural Products -- Agricultural

products, which are certified under the jurisdiction of the

Authority relative to inspection and verification of compliance

with the provisions of this Chapter, include fresh fruits, nuts,

vegetables, shell eggs, honey, flowers, nursery stock, livestock

products, fish and shellfish produced under controlled

conditions in waters or ponds located in Alabama.

(f) Certified Farmers Market Certificate – A

certificate issued by the Authority verifying the market sells

only agricultural products produced by local farmers directly to

consumers. The certificate is valid only when bearing the

original signatures of the Authority and the authorized

representative of the Certified Farmers Market.

(g) Commissioner – The person elected as the head of

the Department of Agriculture and Industries.

(h) Consumer -- A person who purchases and receives

agricultural products at a Certified Farmers Market.

(i) Director – A person appointed by the Commissioner

who, under supervision of the Commissioner, serves as director

of the Farmers Market Authority and administers this Chapter.

(j) Employee -- Any person employed by a farmer at a

regular salary or wage, on either a full or part time basis. It

does not include any person who is reselling or whose

compensation is primarily based on a commission of sales.

Notwithstanding the above, an employee of an agricultural

cooperative organized under the laws of Alabama may sell the

agricultural products of one of its members in accordance with

the provisions of this Chapter.

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(k) Enforcement Officer – An agent of the Department

of Agriculture and Industries authorized to investigate the

entities certified under these rules and regulations in order to

ensure compliance with these rules and regulations.

(l) Grower representative – The immediate family

member or employee of a farmer.

(m) Immediate Family -- Parents, children,

grandparents, or grandchildren of the farmer or a family member

regularly residing in the farmer’s household.

(n) Land Which the Farmer Controls -- Land that the

farmer farms and owns, rents, leases, or sharecrops, and is

registered with the Authority and the Alabama Cooperative

Extension System or the USDA Farm Service Agency.

(o) Locally grown – Agricultural products grown

within the borders of Alabama or within twenty-five (25) miles

of the Alabama state border.

(p) Market Manager -- A person or persons registered

with the Authority empowered to implement the rules,

regulations, policies, and directives of the governing body of a

Certified Farmers Market.

(q) Market Rules -- A set of written rules or

regulations approved by each Certified Farmers Market and the

Authority. The rules and regulations may be more stringent than

established state regulations, provided they do not violate or

conflict with any state law or regulation governing their

activities.

(r) Non-certifiable Agricultural Products –

Non-certifiable agricultural products include all certified

agricultural products that have been processed.

(s) Nonprofit Organization -- An organization which

qualifies for nonprofit status for Alabama income tax purposes.

(t) Relish -- a cooked, uncooked or pickled sauce

usually made with vegetables or fruits and often used as a

condiment; can be smooth or chunky, sweet or savory and hot or

mild, and must have an acidity level less than 4.6pH.

Authors: Don Wambles, Patrick B. Moody

Statutory Authority: Code of Ala. 1975, §§2-5A-1 et. seq.

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History: New Rule: Filed February 12, 2014; effective

March 19, 2014. Amended: Filed May 17, 2016; effective

July 1, 2016.

80-7-1-.03 Certification Requirements Of A Certified Farmers

Market.

(a) A person or entity may apply to be a Certified

Farmers Market by completing a Certified Farmers Market

Application (Appendix A) and submitting it to the Authority.

The application shall be on a form authorized by the Director.

(b) Application to become a Certified Farmers Market

shall be made by the proposed operator(s) of a Certified Farmers

Market and shall include a signed agreement by the operator(s)

to comply with the terms of the Authority’s Rules and

Regulations.

Farmers Market Application (Appendix A), the Authority

shall issue a Certified Farmers Market Certificate. The

certificate shall identify where the market is located and

indicate that the marketplace is a Certified Farmers Market

where agricultural products may be sold or offered for sale.

(d) The governing body of a Certified Farmers Market

shall promulgate a set of market rules and regulations which

specify procedural criteria pertaining to the following:

1. Establish the identity of the persons or

entities that govern the market and the philosophy and purpose

of the market.

2. Establish the identity and duties of the Market

Manager.

3. Establish rules for participating in the market.

4. Establish who may participate in the market and

what may be sold at the market. The number of non-food vendors

may not exceed 30% of the total vendors. Arts and crafts are not

permitted for sale at the market unless they have received prior

approval by the Market Steering Committee/Board. Items purchased

for resale, as well as items made from kits, commercially

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available plans and items that are mechanically mass-produced

may not be sold at the market.

5. Establish the process for selecting vendors and

establishing fees. Establish market space allocation procedures

including priorities, preferences, and stall fees.

6. Identify all documents and licenses required to

participate including: proof of insurance, grower’s

permits/certificates and/or business licenses. Attach a copy of

all documents to the final version of your market’s rules.

7. Establish detailed guidelines on issues such as

market location, day(s) and hours of operation set-up, clean-up,

selling times, notification for non-attendance, pets, samples,

sanitation, signage, smoking, food safety and food handling.

8. Establish procedures for rule enforcement,

including reporting violations, notice, penalties, suspension or

removal and appeals.

9. Incorporate applicable State and Local

requirements into your market’s rules, with agreement that it is

vendor’s responsibility to comply.

10. The sale of live animals is not allowed at the

market.

11. Wine is prohibited for distribution and/or

retailing at farmers markets in the State of Alabama. Alcohol,

i.e. beer, whisky, etc., is prohibited for sale at farmers

markets.

12. Establish the method by which the vendor agrees

to indemnify and hold harmless the market organizer from any

liability arising from the vendor’s participation in the market.

13. Establish rules for handling and storing

different types of foods with guidelines for sampling if

allowed. It is the responsibility of each vendor to abide by all

state and federal regulations which govern the production,

harvest, preparation, preservation, labeling, or safety of

products offered for sale at the market. All vendors regardless

of product must meet the health requirements that prevent food

borne illnesses. No cooking is permitted within the market area

without prior approval.

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(f) The Certified Farmers Market's rules and

regulations shall contain a clause, which states that the

governing body and its designated agents shall implement and

enforce all rules and regulations pertaining to the operation of

the Certified Farmers Market in a fair and equitable manner.

(g) A copy of the Certified Farmers Market rules and

regulations and any updates shall be sent to the Authority. The

Authority’s copy shall govern the Certified Farmers Market.

(h) In order to be recognized by the Authority as a

Certified Farmers Market the criteria and/or rules as set out in

Chapter 80-7-1-.04 must be met. (This does not prohibit a market

from imposing more stringent requirements on its sellers.)

Authors: Don Wambles, Patrick B. Moody

Statutory Authority: Code of Ala. 1975, §2-5A-8

History: New Rule: Filed February 12, 2014; effective

March 19, 2014.

80-7-1-.04 Criteria And Rules For A Certified Farmers

Market.

(1) General Criteria for an Alabama Certified Farmers

Market

(a) “Alabama Certified Farmers Market” means a place,

structure or building that is used by two or more Alabama

Farmers for the direct sale of their own on-farm produce and/or

food products to consumers, and where sales of these farm

products represent the core business of the market.

1. A grower/producer is a person(s) that grows or

produces agricultural products. At least 80% of the

agricultural product grown and offered for sale must be produced

by the grower/producer or under the grower/producer’s direction.

The grower must verify in writing with the market manager and

the Farmers Market Authority the name, location and contact

information from whom the other 20% of locally grown products

brought to market originate if this is permissible and clearly

defined in the market’s rules.

2. A grower or grower representative must be present

during market hours when his/her products are offered for

purchase.

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(b) The market may be operated by an association,

non-profit organization, government entity (state, county,

municipal, tribal, etc.) or other organization/entity approved

by the Authority.

(arts and crafts) and other value-added products (soaps,

lotions, etc.) at the market’s discretion as long as the number

of non-food vendors does not exceed 30% of the total vendors.

1. All products that may be potentially hazardous

must be permitted by the appropriate agency or in compliance

with all city, county, state and federal laws and regulations.

(d) The market must be organized pursuant to Code of

Ala. 1975, Sections 2-5A-1 et seq. and comply with Chapter

80-7-1 of the Alabama Department of Agriculture and Industries

Administrative Code.

(2) Rules Requirement for Farmers Markets

(a) Certified Farmers Markets shall have a clear and

organized set of rules that are enforced by a manager, who

answers to either a board or steering committee. Market rules

should be simple and easy to understand. Certified Farmers

Markets shall adopt the minimum rules as set forth in Appendix

(b) Market rules should contain the following:

1. A description of the market governance and market

manager responsibilities;

2. Rules for general operations such as hours/days

of market, parking policies, and health and safety policies;

3. Rules enforcement procedures, including penalties

for failure to comply and a grievance procedure;

4. Policies for who can sell at the market and how

the market will approve vendors;

5. Guidelines for what products can be sold, the use

of equipment, the presentation of displays, and the use of

scales;

6. Vendor fees and space assignment policies;

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7. How the market will ensure and enforce

compliance;

8. Rules that are unique to the market such as a

waiting list policy or special events;

9. The market management/governance may conduct farm

visits;

10. Standards of vendor behavior;

11. All contact information;

permit.

(d) In addition to the above, a Certified Farmers

Market’s rules must, at a minimum, adhere to the following

guidelines as set out in (3) – (10) of this chapter.

(3) Home Processed

(a) Home Processed products are subject to sales tax.

See Code of Ala. 1975, §40-23-4(a)(5) and §40-23-62(8).

(b) Home processed products must satisfy all public

health, labeling, permitting and other requirements pertaining

to processed products. Chapter 420-3-22-.01 of the Rules of Food

Establishment Sanitation now excludes a kitchen in a private

home from the definition of food establishment if only food that

is non potentially hazardous (time or temperature control

required for safety) is prepared for sale or service at a

function such as a charitable, religious, civic, or

not-for-profit organization's food sale, or at state sanctioned

Farmers Markets, and if the consumer is informed by a clearly

visible label, tag, or placard at the sales or service location

that the food is prepared in a kitchen that is not inspected by

a regulatory agency, i.e. County or State Health Department.

and form of the label below, and be placed at the top of the

product that is to be sold.

This item(s) was prepared in a kitchen that

is NOT inspected by a regulatory agency.

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(d) This effectively excludes farmers markets from

regulatory requirements of the ADPH regarding non-potentially

hazardous home processed foods. Certain home processed foods for

example baked breads, rolls, cookies, cakes, brownies, fudge,

double-crust fruit pies, traditional fruit jams, jellies,

marmalades and relishes, candy, spices or herbs, snack items

such as popcorn, caramel corn and peanut brittle, may be sold at

farmers markets with appropriate labeling. The label of a food

in packaged form shall specify conspicuously the name and place

of business of the manufacturer, packer, or distributor.

(e) The acidity of foods is measured by pH. The

range of pH is commonly considered to extend from zero to 14. A

pH value of 7 is neutral, because pure water has a pH value of

exactly 7. Values less than 7 are considered acidic, while those

greater than 7 are considered basic or alkaline. Acidic foods

are usually tart and sour, all fruits are acidic: tomato, lemon,

peach, apple, etc. The FDA rule for acid foods states that a

food must have a pH below 4.6 to be sold as a minimally

processed food. The reason for this is bacteria do not grow at

this level of acidity.

(f) This exclusion shall not be construed as allowing

the sale of low acid foods (pH >4.6) in hermetically sealed

containers (i.e. such as home-canned green beans, peas, tomato

relish, salsa, etc.) when such food is not prepared in a

permitted establishment. The finish product will need to be

tested, if the ph level is unknown.

(g) Food Product Testing Requirements:

1. A small sample (at least 1 cup) of the product is

required. The cost is approximately $25.00 per sample. Checks

may be made payable to: Alabama Department of Agriculture and

Industries. The sample should be carefully and safely packaged

and mailed/sent to:

Alabama Department of Agriculture and Industries

Food and Drug Lab

1445 Federal Drive

Montgomery, AL 36107

2. The product must include the following

information: Contact Person, Mailing Address, City/State/Zip,

Phone/Fax, Email, Product Name

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(4) Sampling/ Food Safety

(a) All vendors, regardless of product, must meet the

health requirements that prevent food borne illnesses. The

standard requirements and recommendations for preparation and

sampling at the Certified Farmers Market are:

1. Preparation of fruit and vegetable samples

requiring cutting or slicing should be done on-site immediately

prior to consumption.

2. No home prepared food samples shall be served at

the market.

3. Clean knives and cutting boards must be placed in

protective plastic containers, food storage bags, wrapped in

plastic wrap, etc.

4. Clean equipment must be used to cut product,

in-use items must be stored so they are protected from

contamination.

5. Replace soiled knives, cutting boards, etc. with

clean items every two hours.

6. Use single service items whenever possible.

7. Store soiled items in a closed bag or container

to avoid attracting insects.

8. All fruits and vegetables must be rinsed

thoroughly in clean water.

9. Products may be rinsed or cleaned prior to

bringing them to the market. The items should be stored in

disposable food bags.

10. Rinse melons in a 200 parts per million chlorine

solution prior to slicing for sampling.

11. Fruit and vegetable sample servings must be

protected from contamination at all times.

12. Serving must be done in a manner protecting the

sample from any bare hand contact.

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13. Utilize disposable gloves, single service

utensils, napkins or tissues, or toothpicks are all adequate

methods to avoid handling prepared samples.

14. Any ice used for cooling must be continuously and

properly drained to avoid wrapped items soaking in melted ice

water.

15. Canned items (i.e., jelly, salsa, etc.) may be

opened one jar at a time and sampled with clean disposable

utensils.

16. Use toothpicks, wax paper, paper sampling cups,

or disposable utensils to distribute samples.

17. Temperature control must be maintained on items

needing refrigeration after opening.

(b) The County Environmentalist may have specific

additional requirements depending on the food to be prepared and

served, the general location of the event or food concession

area, the availability of city water and sewage, and other local

considerations. The Rules of the State Board of Health require

that a permit to operate a temporary food booth be obtained

prior to any prepared food being sold.

(5) Meat Products

(a) Live animals are prohibited for sale at farmers

markets in Alabama.

(b) Only raw meats, including fish and seafood, that

are processed, packaged, and labeled at an inspected facility or

are otherwise exempted from inspection may be sold at a farmers

market. Exempted meats: rabbits, quail and bison.

farmers markets must originate from livestock slaughtered in a

government (federal or state) inspected facility.

(d) All meat and poultry products must be wrapped and

labeled with the seal of inspection on package. USDA

publication “Guidance for Determining Whether a Poultry

Slaughter or Processing Operation is Exempt from Inspection

Requirements of the Poultry Products Inspection Act Revision 1,

April 2006,” provides detailed information on the requirements

for the sale of poultry at markets.

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(e) Meat products, other than fish and shellfish,

must be brought to the market in frozen condition and kept

frozen until sold. Selling packaged meat at the Farmers market

requires sanitary handling and temperature control. A mechanical

unit capable of maintaining the meat and poultry products in the

frozen state is recommended to be used. For example, a freezer

could be used.

(f) Fish and shellfish products may be sold fresh if

maintained at a temperature of 37°F to 41°F.

(g) Meat at farmers markets being sold by resellers

will include a “Distributed by/Packed for”, or similar,

statement on the labels of their meat products. Conversely, meat

products being sold at Farmers markets that are prepared and

packaged by the selling vendor will not include a “Distributed

by/Packed for”, or similar, statement.

(6) Wine/Alcohol/Controlled Substances

(a) Alcoholic beverages as defined in Alabama Code

Sec. 28-3-1 are prohibited for sales or distribution at farmers

markets

(b) Proof of alcoholic content is the responsibility

of the vendor

farmers markets.

(7) Insurance

(a) Each Certified Farmers Market shall acquire, and

show proof of liability insurance.

(8) Proper Weights and Measurement

(a) All farmers markets must meet the legal

measurement guidelines established by the State of Alabama for

dry and wet produce. Produce may be sold by weight, measure or

count depending on the commodity. Selling by weight or measure

involves legally defined weights and measures. A quart is a

legal dry quart or legal liquid quart, not necessarily a quart

basket filled past the rim of the basket. A pound is a legal

pound, as judged by specially calibrated weights certified by

the National Institute of Standards and Technology.

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(b) Not all scales are eligible for farmers market

usage. Those scales stamped, “Not legal for use in trade” on

them, cannot be used to measure product for sell at markets.

Examples of scales not to be used are: bathroom, baby,

restaurant portion scales, postal, and kitchen utility scales.

dry quart container is actually measured by the cubic inches it

contains, not the shape. An accurate measure would be when the

container is filled and struck level across the top sides of the

container. When purchasing containers, be certain they meet

the legal definition of pints, quarts, pecks, etc.

(d) Just as water weight can be lost after harvest,

volume can decrease as well. Some settling also can occur in

transit. The content must be level to the top of the container

at the time of sale. It is recommended seller overfill

containers to allow for these factors.

(e) When selling by liquid such as cider, the exact

amount in the container has to be measured to achieve the

correct cubic inch, fluid amount. When selling bakery products,

items must have stated weight on packaging or identified so the

consumer may make an informed purchase.

(f) Scales being used in commerce shall be tested at

least once each fiscal year based on the fiscal year adopted by

the State of Alabama which runs from October 1

through

September 30

(9) Dairy Products

(a) All dairy products, including cheese, must be

processed, packaged, and labeled at a facility permitted and

inspected by the Alabama Department of Public Health’s Milk and

Food Processing Branch. Product must have the proper labeling

vendor contact information or have information posted so

consumer will know who to contact if necessary.

(b) Sale of raw milk for human consumption is not

legal and cannot be sold at markets.

(10) Shell Eggs

(a) Shell eggs are considered farm products and may

be sold at farmers markets with proper labeling information on

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package. Information required is: name and address of egg

packer, date eggs were packed, and grade. Carton or egg

container and egg product itself must be sanitized and free from

fecal matter and other farm filth.

Egg Weights

Dozen Carton Dozen Carton 1.5 Dozen Carton 2.5 Dozen Sleeve

Pee Wee

15 oz

.94 lbs

1.41 lbs

2.34 lbs

Small

18 oz

1.13 lbs

1.69 lbs

2.81 lbs

Medium

21 oz

1.31 lbs

1.97 lbs

3.28 lbs

Large

24 oz

1.50 lbs

2.25 lbs

3.75 lbs

Ex-Large

27 oz

1.69 lbs

2.53 lbs

4.22 lbs

Jumbo

30 oz

1.88 lbs

2.81 lbs

4.69 lbs

(b) There are three consumer grades for eggs: U.S.

Grade AA, A, and B. The grade is determined by the interior

quality of the egg and the appearance and condition of the egg

shell. Eggs of any quality grade may differ in weight (size).

firm; yolks that are high, round, and practically free from

defects; and clean, unbroken shells. Grade AA and Grade A eggs

are best for frying and poaching where appearance is important.

(d) U.S. Grade A eggs have characteristics of Grade

AA eggs except that the whites are "reasonably" firm. This is

the quality most often sold in stores.

(e) U.S. Grade B eggs have whites that may be thinner

and yolks that may be wider and flatter than eggs of higher

grades. The shells must be unbroken, but may show slight stains.

This quality is seldom found in retail stores because they are

usually used to make liquid, frozen, and dried egg products.

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(f) Egg Label Example:

(11) Wild Harvested Mushrooms

(a) Wild harvested mushrooms may only be sold at

Certified Farmers Markets by wild harvested mushroom

identification vendors:

1. Harvesters must have attended/completed a

Bonafide training course approved by the Alabama Department of

Public Health.

2. Harvesters must have documentation showing

origin.

3. Mushrooms harvested and offered for sale, must be

a variety on the approved list (See Appendix B).

(b) A vendor selling wild harvested mushrooms at a

Certified Farmers Market shall disclose to the consumer by a

tabletop display, placard, or notation on each package the

following statement: “Wild harvested mushrooms are not an

inspected product and are harvested from a non-inspected site.”

sale at a Certified Farmers Market must have a written vendor

specification record. The vendor shall retain the written

vendor specification record for 60 days from the date the

mushrooms are sold or discarded. The written vendor

specification record must include all the following information:

1. Identification of each mushroom species by the

scientific and common name;

2. Date of harvest and location (e.g., town, county,

township, Global Positioning System, etc.), whether harvested by

the vendor, or from another individual or entity;

Grade A Large

John Doe

12345 Sullivan St

Montgomery, AL 36130

ackaged- 06/17/2011

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3. The name, address, and telephone number of the

wild harvested mushroom identification harvester/vendor;

(d) Commingling of wild harvested mushrooms by

species and lot is prohibited

(e) Wild harvested mushrooms offered for sale must

not show any signs of spoilage (rotten, soggy, mushy, slimy,

moldy, or insect infestation).

(f) Wild harvested mushrooms should be stored in

packaging with air holes or a breathable material and maintained

by the harvester/vendor until product is sold.

Authors: Don Wambles, Patrick B. Moody, N. Gunter Guy, Jr.

Statutory Authority: Code of Ala. 1975, §2-5A-8.

History: New Rule: Filed February 12, 2014; effective

March 19, 2014. Amended: Filed May 17, 2016; effective

July 1, 2016. Amended: Published May 29, 2020; effective

July 13, 2020.

80-7-1-.05 Issuance Of Certificates.

(1) The Authority shall issue a Certified Farmers

Market certificate upon review of application and determination

that the applicant meets the requirements to operate a Certified

Farmers Market.

(2) A Certified Farmers Market certificate shall be

valid until December31

of the 2

year in which the certificate

is issued.

Authors: Don Wambles, Patrick B. Moody

Statutory Authority: Code of Ala. 1975, §2-5A-8.

History: New Rule: Filed February 12, 2014; effective

March 19, 2014.

80-7-1-.06 Compliance Requirements For The Operator Of A

Certified Farmers Market.

(1) The operator of a Certified Farmers Market shall

ensure that each person participating in the sale of

agricultural products in the area designated as a Certified

Farmers Market:

Chapter 80-7-1 Agriculture and Industries

Supp. 9/30/20

7-1-18

(a) Is a Farmer, or grower representative.

(b) Sells only certified agricultural products.

(2) No person shall operate a Certified Farmers

Market unless he or she has in his or her possession a current,

valid Certified Farmers Market Certificate issued by the

Authority.

(3) The operator of a Certified Farmers Market shall,

upon the request of an enforcement officer, provide for review

his or her current, valid Certified Farmers Market Certificate

at any time during the operation of a Certified Farmers Market.

Authors: Don Wambles, Patrick B. Moody

Statutory Authority: Code of Ala. 1975, §2-5A-8.

History: New Rule: Filed February 12, 2014; effective

March 19, 2014.

80-7-1-.07 Applicability Of Rules And Regulations Regarding

Farmers Market Nutrition Programs. No provision in this

Chapter shall be construed to in any way invalidate, supersede,

or otherwise impair the applicability of the rules and

regulations regarding either the Senior Farmers Market Nutrition

Program or the WIC Farmers Market Nutrition Program.

Authors: Don Wambles, Patrick B. Moody

Statutory Authority: Code of Ala. 1975, §2-5A-8.

History: New Rule: Filed February 12, 2014; effective

March 19, 2014.

80-7-1-.08 Penalties.

(1) All Farmers and Certified Farmers Markets are

required to adhere to the rules and regulations of the

Authority. The Commissioner may discipline the following for

violating the Authority’s rules and regulations:

(a) The Certified Farmers Market; or

(b) A family member, employee, or another Farmer

acting on behalf of the Farmer; or

in the violation.

Agriculture And Industries Chapter 80-7-1

Supp. 9/30/20

7-1-19

(2) The Commissioner, upon determination that a

Farmer has violated the Authority’s rules and regulations may:

(a) Issue a written reprimand; or

(b) Suspend a license up to six months; or

period of up to 18 months.

(3) The Commissioner, upon determination that a

Certified Farmers Market has violated the Authority’s rules and

regulations may:

(a) Issue a written reprimand; or

(b) Suspend a Certified Market Certificate for up to

six months; or

(4) Disciplinary actions shall be initiated by the

Director of the Authority upon belief that a violation has

occurred. All persons or entities certified under these rules

may appeal any disciplinary action initiated by the Director.

Authors: Don Wambles, Patrick B. Moody

Statutory Authority: Code of Ala. 1975, §2-5A-8.

History: New Rule: Filed February 12, 2014; effective

March 19, 2014.

80-7-1-.09 Appeals.

(1) Any person may appeal to the Commissioner for a

hearing to challenge any of the following actions:

(a) Denial of any certificate.

(b) Revocation of any certificate.

In all cases, the appeal must be submitted to the Director

in writing within 30 days of the date the action or decision was

made.

Chapter 80-7-1 Agriculture and Industries

Supp. 9/30/20

7-1-20

Authors: Don Wambles, Patrick B. Moody

Statutory Authority: Code of Ala. 1975, §2-5A-8.

History: New Rule: Filed February 12, 2014; effective

March 19, 2014.

State of Alabama Farmers Market Authority

Farmers Market Certification Application

Applicant Information:

Name of Farmers Market: _______________________________________________________

Market Manager or Contact Person:

Name: _______________________________________________________________________

Phone: ( )______________________ E-mail address: _____________________________

Mailing address: _______________________________________________________________

City: ___________________ State: ______ Zip: ___________ County: __________________

Market Information:

Please check one: ____ Seasonal market ____Year-round market

Market website address: _________________________________________________________

Physical Address: ______________________________________________________________

_____________________________________________________________________________

City: ___________________ State: ______ Zip: ____________ County: __________________

Schedule of Operation:

Months:_______________________________ to _____________________________________

Days:________________________________________________________________________

Hours: _______________________________ to _____________________________________

Attach a copy of your market rules and regulations.

As the applicant, I hereby certify that the information provided on this

application is true and that the Certified Farmers Market will be operated in

compliance with the Alabama Department of Agriculture and Industries

Administrative Code Chapter 80-7-1 Certification of State Farmers Markets.

Applicant Signature: __________________________________________ Date: _________________

For questions please contact: Don Wambles, (334) 240-7249, don.wambles@agi.alabama.gov

APPENDIX A

APPENDIX B

Only the following wild harvested mushroom species may be offered for sale or service in a food

service establishment:

Beefsteak (Fistulina hepatica)

Black Trumpet (Craterellus fallax)

Blewits (Lepista nuda)

Blue Milky (Lactarius indigo)

Cauliflower (Sparassis spp.)

Chanterelles (Cantharellus spp. Exception C. persicinus)

Chicken of the Woods (Laetiporus spp. Exception L. persicinus)

Golden and Burgundy Milkies (Lactarius corrugis, L.volemus, L. hygrophoroides)

Green Quilted Russula (Russula virescens, R. parvovirescens, R. crustosa)

Hedgehog (Hydnum repandum, H. albomagnum)

Honey mushrooms (Armillaria mellea, A.tabescens)

Lions Mane or Pom Pom or Bearded tooth or Bear’s head (Hericium spp.)

Lobster (Hypomyces lactifluorum)

Maitake or Hen of the woods (Grifola frondosa)

Morels (Morchella spp.)

Oyster Mushroom (Pleurotus spp. Exception Pleurotus levis, P. dryinus)

Pecan Truffle (Tuber spp.)

Puffballs (Lycoperdon spp., Calvatia spp.)

Reishi mushrooms (Ganoderma curtisii, G. tsugae, G. sessile)

Shaggy mane (Coprinus comatus)

Turkey tail (Trametes versicolor)

Umbrella Polypore (Cladomeris umbellata)

Wood Ears (Auricularia spp.)

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