New F R FoR saN Jose FaRmeRs’ maRkets

New Food Rules FoR saN Jose FaRmeRs’ maRkets

Q & A

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FARMERS’ MARKETS… COMING TO A NEIGHBORHOOD NEAR YOU!

New policies in San Jose are making it easier than ever to start a certified farmers’ market.1 This guide answers questions about the new rules and provides links to resources to help you get started!

I’D LIKE A FARMERS’ MARKET IN MY

NEIGHBORHOOD. HOW CAN I MAKE IT HAPPEN? The best place to start is by talking to your neighbors to gauge interest in a new market. A successful farmers’ market needs community support to thrive. Find out who would shop at the market and what kinds of foods they would like to see. Also be sure to connect with local institutions like schools, churches, libraries, and community centers, which can be valuable partners.

CAN ANYONE START A FARMERS’ MARKET? To run a certified farmers’ market, you need to be a nonprofit group, a government agency, or a certified producer (e.g., a farmer).2 Residents interested in starting a farmers’ market can choose to partner with an existing organization or certified producer, or they can form their own organization. The Pacific Coast Farmers’ Market Association (PCFMA), which manages many markets in the Bay Area, can be a helpful partner and resource. More information about the Pacific Coast Farmers’ Market Association is available at: www.pcfma.com

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WHERE CAN A FARMERS’ MARKET LOCATE? Farmers’ markets are allowed in the following districts:

• Residential (only on certain sites) • Commercial • Downtown • Industrial Park3 • Agricultural • Open Space4

In residential districts, farmers’ markets must be located on property belonging to local institutions such as schools, churches, libraries, or community centers.

Some areas in San Jose are designated “Planned Development Districts.” If you want to open a certified farmers’ market in one of these districts, you need to check and see what zoning designation applies to the specific parcel or address where you plan to locate.

You can find out what the zoning is for you specific location at: www.sjpermits.org. You will need to know the parcel number or address of the location. If the zoning matches any of the districts mentioned above, you will not need an additional permit. If not, you will need to apply for a Planned Development Use Permit from the Department of Planning, Building and Code Enforcement (PBCE) here: www.sanjoseca.gov/DocumentCenter/Home/View/606

WHAT PERMITS DOES MY ORGANIZATION NEED TO

START AND OPERATE A CERTIFIED FARMERS’ MARKET?

In San Jose, a Farmers’ Market has to be “certified” in order to operate. That means all farmers’ markets will have to get two main permits: an Agriculture Certificate and a Health Permit. Your market will also need to register with the city Department of Finance to get a Business License. Depending on where you plan to locate and how your expect to operate your market, you may be required to secure additional permits from the city. See the charts below to see what permits you will need to get your certified farmers’ market running.

Zoning Districts divide the City of San

Jose into different areas where different

activities can take place. For example, in residential districts

you might find homes, schools, parks,

playgrounds, and libraries.

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REQUIRED PERMITS FOR ALL CERTIFIED FARMERS’ MARKETS You’ll need this permit…

From this County or City agency… Application available at:

Health Permit

Santa Clara County Department of Environmental Health www.sccgov.org/sites/deh/Consumer%20Protection%20Division/paf/Pages/PermitsApplicationsFees.aspx

www.sccgov.org/sites/deh/Consumer%20Protection%20Division/paf/Documents/CPD_Permit_Application.pdf

Agriculture Certificate

Santa Clara County Division of Agriculture www.sccgov.org/sites/ag/Farmers'%20Markets/Pages/Farmers'-‐Markets.aspx

To apply, call: (408) 918-‐4600

Business License/ Tax Registration

City of San Jose Department of Finance www.sanjoseca.gov/index.aspx?NID=1154

www.sanjoseca.gov/DocumentCenter/View/3000

REQUIRED PERMITS FOR MARKETS ON PRIVATE PROPERTY

Primary Permitting Agency for Farmers’ Markets on Private Property: Department of Planning, Building and Code Enforcement (PBCE) 200 E. Santa Clara Street, Tower, 3rd Floor, San Jose, CA 95113 (408) 535-3555 I www.sanjoseca.gov/planning

Do you plan to… You’ll need this permit…

From this city agency…

Application available at:

Have more than 15 agricultural vendors?

Special Use Development Permit

Department of Planning, Building and Code Enforcement (PBCE)

www.sanjoseca.gov/DocumentCenter/Home/View/624

Set up tents?

Have people selling prepared foods?

Fire Safety Special Event Permit Fire Department www.sanjoseca.gov/index.aspx?nid=

2530

Clear and reserve street parking spaces for the event?

Tow Away Permit Department of Transportation

OCA’s One-‐Start Application: www.sanjoseculture.org/one-‐start

Locate Downtown? OCA Permit Office of Cultural Affairs (OCA)


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REQUIRED PERMITS FOR MARKETS ON PUBLIC PROPERTY

Primary Permitting Agency for Farmers’ Markets on Public Property: Office of Cultural Affairs (OCA) www.sanjoseculture.org / www.sanjoseculture.org/one-start (One Start Application)

Register by entering your email, a display name (like your first name), and a desired password. When you return to the site on subsequent visits, you will use the Email and Password to login. Once you’re logged in to the site, click on “Start a New Application.”

Do you plan to… You’ll need this permit…

From this city agency…

Application available at:

Have more than 15 agricultural vendors?

Special Use Development Permit

Department of Planning, Building and Code Enforcement (PBCE)

www.sanjoseca.gov/DocumentCenter/Home/View/624

Set up tents? Have people selling prepared foods?

Fire Safety Special Event Permit Fire Department www.sanjoseca.gov/index.aspx?nid

=2530

Close off a street? Special Event Street Closure Permit Police Department www.sjpd.org/PDF_Forms/SpecialE

ventsPermit.pdf

Operate on a city park or community center’s property?

PRNS Special Permit Parks, Recreation and Neighborhood Services (PRNS)

www.sanjoseca.gov/index.aspx?nid=3093

Clear and reserve public parking spaces for the event?

Tow Away Permit

Locate in a city traffic median? Transportation Permit

Department of Transportation


Locate on public property not listed here?

Real Estate Authorization

Real Estate Services & Asset Management

First contact Real Estate: [email protected] (408) 975-‐7400


Require use of city source of electricity?

Electric Load Worksheet & Payment

Department of Public Works


Locate in a City Paseo or Plaza?

Locate Downtown?

OCA Permit

Need more than one permit?

One Start Outdoor Special Event Application (Multiple Permits)

Office of Cultural Affairs (OCA)


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DO THE FARMERS AND VENDORS SELLING AT OUR

FARMERS’ MARKET ALSO NEED PERMITS? Yes. Your vendors must also have their own permits:

• Agricultural vendors must be Certified Producers by the county in which their products are grown.

• Prepared food vendors must also have required permits from the Santa Clara Department of Environmental Health.

WE ARE JUST PLANNING TO START A SMALL

MARKET. DO WE REALLY NEED ALL OF THOSE

PERMITS? To make it easier to start a farmers’ market, the city has waived the need for a zoning permit for certified markets with 15 or fewer agricultural vendors. All markets will still need to have permits from the Santa Clara County Division of Agriculture and Environmental Health Department. If you’re starting a certified farmers’ market and you’re not planning to close down a street, locate downtown or in a planned development, or have tents or prepared foods, you won’t need any additional permits to start your market.

HOW CAN WE HELP MAKE SURE THE FOOD WE SELL

IS AFFORDABLE FOR EVERYONE IN OUR

NEIGHBORHOOD? All certified farmers’ markets in San Jose are required to accept CalFresh Electronic Benefits Transfers (EBT) and Farmers’ Market Nutrition Program coupons issued through the Women, Infants, & Children (WIC) program.5 All markets operated by the Pacific Coast Farmers’ Market Association (PCFMA) accept CalFresh, WIC, and Senior Farmers’ Market Program coupons. PCFMA also operates a Market Match bonus program: CalFresh customers receive an additional $5 after spending $10 at the market. More information about PCFMA’s Market Match program available at: www.pcfma.com/pcfma_marketmatch.php

The Ecology Center offers resources and technical assistance to market managers throughout California on accepting EBT at farmers’ markets: www.ecologycenter.org/ebt/

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1 See: San Jose, Cal. Code of Ordinances ch. 20.200, § 20.200.185 (2012):

20.200.185 Certified Farmers’ Market A "certified farmers' market" means a food facility as defined under Section 27521 of the

California Health and Safety Code, as the same may be amended from time to time, whose location and operation meet all of the following criteria and standards:

A. Have been certified by the Santa Clara County agricultural commissioner through the issuance of a current and valid certified farmers' market certificate; and

B. Are and remain in full conformance at all times with all state and local laws, and related regulations and guidelines, applicable to a certified farmers' market under Chapter 10.5 (commencing with Section 47000) of Division 17 of the California Food and Agricultural Code, as these state and local laws, regulations and guidelines may be amended from time to time.

2 More information about becoming a certified producer through the County Agriculture Commission available at: www.sccgov.org/sites/ag/Farmers'%20Markets/Pages/Farmers'-Markets.aspx

3 San Jose, Cal., Code of Ordinances §§ 20.30.100, 20.40.100, 20.50.100, 20.70,100 (2012).

4 San Jose extended allowed zones for farmers markets to Agricultural and Open Space districts in March, 2013. San Jose, Cal., Ordinance 29218 (Mar. 5, 2013).

5 The WIC Farmers’ Market Nutrition Program is administered by the California Department of Public Health. Both the farmers’ market and each producer in the market who wants to accept WIC vouchers must be certified by the state. See www.cdph.ca.gov/programs/wicworks/Pages/MarketManagers-HowToApply.aspx for more information.

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ABOUT THE CAMPAIGN FOR HEALTHY FOOD SAN JOSE

Led by The Health Trust and funded through the Santa Clara County Department of Public Health, The Campaign for Healthy Food San Jose was a year-long coalition started in September 2011. The Campaign sought to produce changes in city policies that would increase access to fresh fruits and vegetables in neighborhoods with the highest need, and promote use of EBT for purchases. Campaign partners included City of San Jose Department of Planning, Building and Code Enforcement, City of San Jose Department of Parks, Recreation and Neighborhood Services, FIRST 5 Santa Clara County, Pacific Coast Farmers’ Market Association, and Working Partnerships USA.

ChangeLab Solutions is a nonprofit organization that provides legal information on matters relating to public health. The legal information in this document does not constitute legal advice or legal representation. For legal advice, readers should consult a lawyer in their state.

Support was provided from a grant from The Health Trust.

Photos from Flickr Creative Commons: Christine Rondeau (cover) and Anuj Biyani (page 2).

© 2013 ChangeLab Solutions