rules, regulations, terms, & Conditions

As of: 7.20.20

Revised: 8.4.20

About the Davidson Street Farmers’ Market

Launching on May 2021 and running every Thursday, 4pm-7pm through October 2021, the Davidson Street Farmers’ is hosted at The Marketplace in East Nashville, home to events such as: Food Truck Feast in East Nashville, East Nashville Night Market, and the East Nashville Flea. 

In an effort to bring fresh produce and food options to the East Nashville area, the Davidson Street Farmers’ Market intends to become a regular staple in the community.

Address: 400 Davidson Street, Nashville, TN  37213. 

Next to: Music City Indoor Karting, CrossFit East Nashville, and Nashville Airsoft.

REGISTRATION PROCESS 

● Read this 2021 Davidson Street Farmers Market Rules & Regulations document thoroughly.

● Read & Complete the Vendor Information Form Here, which includes uploading the required documents, permits, certificates, and licensure as listed in the form.

● Pay for / reserve your space via the eCommerce Portal Here.

● DSFM management will review all registrations. We may request a meeting and product samples if we are considering you for a market. We reserve the right to decline and refund any registrants at any time.

The Following is required of all farmers, producers, farmer/producer collectives, food artisans, grow local kitchen merchants, and food trucks:

• A minimum of $1 million      liability insurance coverage. Liability insurance can be obtained      through most insurance companies; check with your current insurance agent      for more information.
• A business license (obtain from a TN county clerk office)
• A sales/use tax certificate of registration (obtain from the TN Department of Revenue)

Additionally,

Farmers must have:

• A local farmer certificate (if in TN, obtain from the      University of Tennessee Agricultural Extension agent in your county; or if      outside TN, through your state Agricultural Department)
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Retailers of prepared and packaged foods must have:

• Agriculture Manufacturer      Plan Review     (obtain from the TN Department of Agriculture — contact Mike Brown, 615-837-5177)

Food Artisans using certified kitchen facilities must have:

• Information      about the certified kitchen facility including: kitchen contact      information, street address, telephone number, and copy of associated      health or food manufacturing permit.

Food Trucks must have:

• Health Permit (obtain from TN Department of Health)

Insurance: All merchants must carry insurance for general liability and property damage, as well as product liability coverage, in an amount not less than $1,000,000. The policy shall name The Marketplace @ Skyline Commons, LLC as additional insured, and shall maintain all other coverage as required by law. A copy of the Certificate of Insurance must be provided with the application. If insurance expires during the season, the farmer or producer must provide a copy of the renewed insurance policy at the time of policy expiration. 

Farm Visits and Inspections: All farmers and producers are subject to periodic farm or business visits and inspections. Davidson Street Farmers Market representatives may visit any farm or establishment used by its farmer or producers during normal business hours (8:00 am-5:00 pm) to verify compliance with the producer-only requirement. Such inspections may or may not be announced. The farmer or producer must provide any help necessary to thoroughly document the establishment or property being inspected and the products being brought to market and/or listed in the annual application. Failure to permit a farm visit or inspection of an establishment used for processing product(s) may result in suspension or termination. 

Licenses/Permits: All products must comply with local, state, and/or federal health ordinances and the farmers and producers must supply documentation of such compliance as required when submitting the registration. A registration is not considered complete without the inclusion of all applicable permits for all products. 

Extension Certification: For growers, a producer certificate must be completed before selling at the market. The certificate can be obtained through your County Extension Office. Growers must have a copy of this certificate on display within the booth space so that it is clearly visible. Vendors must also bring certificates from any other farms they are selling for. 

Producers Only: The Davidson Street Farmers’ Market is only for producers. Farmers must provide certification proving that they grow their own produce and/or proteins or make their value-added product. All vendors representing the merchandise must be directly involved or knowledgeable about the production methods of produce and merchandise. A producer is defined as the person who grows or makes the product, which may include the producer’s immediate family, partners, employees or a local cooperative. No more than three (3) producers may be represented in one space and only if all the producers’ farm certificates are displayed and the products are clearly marked as to their origin. Any false representation of products will be grounds for expulsion from the market. The producer’s name must be clearly displayed in each booth.

Locally Produced: All produce and protein sold must be locally grown. Locally grown means that the product must have been grown/raised within a 150-mile radius of Davidson County, TN or within the State of Tennessee. Allegations of sidestepping this regulation will be investigated and may result in expulsion from the market. 

Farmer Value-Added Products: Farmers may sell any farm products, including value-added products. At least one ingredient or material in any value-added good sold in a farm vendor’s booth must have been grown on the producer’s farm. 

Non-Farm Vendors: Non-farm vendors must also prepare an application for the Market Manager, along with a sample or photos of the product(s) they wish to sell. Non-farm vendors must make the product they wish to sell (Flea-type, or Non-Artisan vendors may apply to vend at the East Nashville Flea on Saturdays). Selections will be made on the basis of quality, originality, and space availability.

Health and Safety Regulations: It is the responsibility of each vendor to abide by all state and federal regulations which govern the sampling, production, labeling, or safety of the product the vendor offers for sale at the market. Failure to comply may result in forfeiture of the vendor’s booth. If you have any questions on this matter, please speak with the Market Manager, the Tennessee Department of Agriculture Regulatory Services, or the Davidson County Health Department. All processed foods must comply with all applicable state and federal health and safety regulations. A copy of the commercial kitchen certificate or domestic kitchen certificate must be displayed in the booth at all times. Proper labeling must be used as defined by the proper authority. Documentation of certified scales must be displayed in the booth. Proper labeling pertaining to organically grown produce must be displayed. 

Booth Fee: Vendors are expected to participate for the entirety of the season, which will be Every Thursday, 4pm-7pm, from May 6, 2021 through to October 28, 2021. 

The Season Fee = $663.00 (for 26 Thursdays).

Vendors may also apply to be Visiting Vendors if they are not capable of committing to the entire season. Visiting Vendor Applicants must first inquire via email [DavidsonStreetFarmersMarket (at) gmail (dot) com] and be approved by the market managers first. 

Visiting Vendor Daily Fee = $30.00 per day.

Food Trucks interested in serving at the Farmers' Market must contact us via email for payment instructions and booking.

Payment Sent & Agreement to These Terms: When a vendor pays for a space via our eCommerce portal at www.TheMarketplaceNashville.com for a Davidson Street Farmers’ Market Space, the vendor is agreeing to all of the terms, conditions, rules, and regulations herein. This means that all vendors agree to have required permits, certifications, and licensure. If, after the vendor’s application is processed and does not comply with required permits, certifications, and licensures, no refund will be given to the vendor.

Market Management: Management staff is responsible for coordinating the weekly market and enforcing market rules on the day of the market. Management staff also acts as liaison for the vendors, the public, and the community. Management staff reserves the right to inspect products for quality control, licensure, certifications, and unsafe practices or setups. All discrepancies should be taken to the management staff. Management staff is also present during the market to prioritize public safety and miscellaneous issues.

Code of Conduct: While vending at the Davidson Street Farmers Market, vendors are expected to behave in a professional manner. Vendors agree to abide by rules and regulations set forth by nearby businesses, government officials, The Contour Group, and The Marketplace @ Skyline Commons. Vendors agree to refrain from playing music within their booths (unless they have been given permission by the event managers), which may interfere with the business or agenda of nearby vendors or The Marketplace staff. Anyone that experiences harassment is encouraged to report the incident to management staff. Any vendor that is found to be violating this policy is subject to penalties, including possible suspension or expulsion from the market. Vendors are also expected to provide good customer service as representatives of the market. 

Rain or Shine Policy: The Davidson Street Farmers Market is open rain or shine and failure does not grant the vendor right for a booth fee refund; booth fees are non-refundable. The management staff members will make decisions to alter market times based on weather reports and on-site market conditions if necessary. It is the authority of the management staff to close a market early, open a market late, or cancel a market day due to severe or inclement weather. During inclement weather events, it is up to the individual merchants to weigh factors and make a decision about whether or not to attend market that day. Absences due to severe or hazardous weather (not just rain) will not count against the vendor, and in this situation the vendor will be offered a roll-over date. Refunds and credits will not be provided for inclement weather closure or the merchant’s decision not to attend the market during inclement weather. 

Arrival, Setup, Breakdown: Vendors may or may not be given time slots for arrival/set-up via SignUp Genius prior to the market. Logistical emails are generally sent to all vendors two or three days prior to the market day. 

Vendors must have their booths set up by the time the market opens at 4pm, and vendors may not break down their booths until the market closes and 7pm. No exceptions. Breakdown must be finished by no later than one hour and a half after the market closes (7pm close means finished by 8:30pm).  If, due to unforeseen circumstances, the vendor does not breakdown their booth, the vendor agrees that The Contour Group and The Marketplace @ Skyline Commons are not held responsible for any loss or damage done to the vendor’s property or merchandise. 

Breaking down of booths early may result in denial of future applications to vend at any of The Contour Group’s events or markets. 

Vendors must secure their canopies down with at least 20 lbs per leg in order to ensure the safety of our community. 

Booth Materials: Vendors must provide ALL materials (tables, tents, chairs, etc) for their set up; the venue and market DOES NOT provide any set up materials or furnishing for vendors.

Signage: Merchants are required to display signage with their company name at their booth. Pricing must be listed by type/weight (price sheet, signs or priced on item) during hours of operation.

Garbage/Refuse: All vendors are responsible for disposing of their waste via the dumpster located on the property. All vendors, and not DSFM staff, are responsible for their own garbage and refuse. Any garbage/refuse left behind by a vendor will result in a $10 service charge owed by that vendor.

Prohibitions: The vendor agrees that the following are prohibited from the DSFM The Marketplace grounds: 

• Items that are racist or culturally insensitive
• Materials that are pornographic or are explicitly sexual in nature
• Items that are stolen or counterfeited
• Food or merchandise that has been recalled
• Food, drink, concession items, or merchandise unrelated to the vendor’s business that have not received pre-approval from The Contour Group.
• Live Animals
• Weapons

The vendor agrees that The Contour Group & The Marketplace @ Skyline Commons, LLC reserves the right to prohibit any items being sold, traded, or given away and management discretion.

The vendor acknowledges that inspections of merchandise might be made throughout the day to ensure quality for the customers and consumers, as well as for the overall aesthetic of The Marketplace and Farmers’ Market.

Reservation Cancellation, No Shows & Refund Requests: Upon approval of the vendor’s 2021 market dates, the vendor accepts responsibility for each approved market date. NO refunds or credits will be provided unless market staff closes the market in the event of inclement weather. Additionally, a “no show” will forfeit the space rental fee and the vendor will be charged a $25 fine if a “no show” occurs a second time.

Pets: Vendors may not bring pets to the Farmers’ Market.