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Market Rules

- Market Rules –

 

Background

1. My Pop-Up Market Sorrento (MPUMS) - subsequently referred to as the ‘Pop-Up Market’) is a one off twiight arts culture, food producers, related products and craft market. As such, the ‘Pop-Up Market’ specifically excludes: a. provision of services (e.g. flamable products or knife sharpening); and b. sale of imported products.

2. The Market is wholly owned by the Sorrento Cricket Club. It is operated and managed by the Market Management Committee (subsequently referred to as the ‘Committee’) on behalf of the Sorrento Cricket Club.

3. The Market is located on Sorrento Oval premises access via Hotham Road or Old Melbourne road Sorrento subsequently referred to as the ‘Market premises’).

Market Rules

4. These Market Rules (subsequently referred to as the ‘Rules’) have been developed by the Committee and are applicable to all intending stallholder applicants. The Rules are designed to ensure the authenticity, operational viability, safety and sustainability of the Market.

5. The Market, and its Rules,  are regularly reviewed as the Committee continually strives to eliminate anomalies and maintain currency with prevailing commercial and legislative needs. They always remain a work-in-progress.

***Important: Please ensure that you read and understand these Rules before completing the BFCM Stallholder Application Form. 

6. At all times, the Committee seeks to maintain an authentic, operationally viable, safe and sustainable Market for producers selling their produce, products and craft where stalls are attended by the owner and/or their immediate family.

 

7. While produce/product prices are not subject to Rules, the Committee strives to maintain a balance of produce/product lines to ensure competitive pricing among stallholders.  

8. At all times, the Committee reserves the right to exercise absolute discretion in all matters related to the management, administration and operational viability of the Market affecting all attending stallholders. 

9. In considering stallholder applications, preference will be given to those from the following regions/areas:

  1. unique produce/product,

  2. assessed Market need, and 

  3. ready access by the Committee to inspect to ensure produce/product/producer authenticity and compliance. 

10. The Market has three main categories of producers based on food/product type. These categories are defined in prioritised order as follows:

a. Priority #1 - Primary producers of vegetables, fruit, nuts, horticultural products, meats, fish, eggs, honey and the like.

b. Priority #2 - Secondary producers of sauces, jams, dairy products and value added food products, like breads, cakes, pies, pizzas, etc.

c. Priority #3 - Tertiary producers of prepared food-ready-to-eat.

d. Priority #4 – Quality Craft producers

11. Successful stallholder applicants will be advised of their acceptance by the Market Manager who will advise payment(s) before market attendance as follows:

i. A $65 stall holder fee for a standard stall; and

ii. A $95 stallholder fee for a double stall.

12. Important supporting documentation to the Stallholder Application may include any/or all of the following:

a. Certificates of Currency for Insurance as follows: i. $10 million for Public Liability, and/or
ii. $10 million for Product Liability.

b. Australian Securities and Investments Commission (ASIC) Business Registration to secure an authorised Australian Business Number (ABN),

c. Victoria or Mornington Peninsula Shire Health Registration Certificate (where applicable),

d. Victoria Liquor Licence (where applicable),

e. ChemCert Certificate for horticulture and fruit & vegetable producers, and

f. Current Compliance Certificate (e.g. Organic or Bio-dynamic Growers’ Certificates where applicable).

g. Permits, Street Trading or other Licence

13. In addition to Stallholder Application, all produce/products must meet all the appropriate Federal and Victoria and Mornington Peninsula Shire, Fair Trading regulatory requirements, including rules relating but not limited to:

a. Pricing;
b. Food produce/product processing; c. Packaging, including:
i. Nutrition advice,
ii. Labeling, and
iii. Weights and measures. 

c. The need to always, on request, provide a receipt or proof of purchase for any purchase over $75, noting that a receipt for any purchase under $75 must be given within seven days of asking 

14. Stalls must display their trading name at all times. The price and description of all produce/products must also be displayed. 

15. All product/produce descriptions must be accurate, honest and not misleading (e.g. produce must not be described in any way that might possibly be construed by a customer as being organic unless it is ‘Certified Organic’). If not ‘Certified Organic’, saying “Organically Grown” is not acceptable. However, stating “No Chemicals Used” or “Pesticide Free” or words to such effect is acceptable 

16. Competent buskers are required to apply to perform at the Market to the Market Manager – an application form is available on the My Pop-Up Market Sorrento Website 

 

17. Maximum speed for vehicles inside the market area is 5kph and hazard lights MUST be used at all times 

a. Vehicles must be parked in the designated parking areas.

f. All passageways must be left clear for pedestrian traffic so that customer flow is not inhibited.

g. All stalls are marked and numbered. Stallholders must stay within their allocated stall area.

h. No Smoking is allowed anywhere in the Market area 

 Stallholders are prohibited from producing smoke, smells or leaving engines running anywhere in the Market area. This includes running generators.

18. At the end of each market, stallholders are to clean up their stall site(s) and are to: 

i. empty waste in the bins provided; and
ii. remove all cardboard, crates, boxes, containers, paper, etc.

k. Dogs are allowed in the Market area (that includes stallholders’ dogs). Dogs must be on a leash or harness at all times and tethered outside of the market area.

l. Stallholder meetings are compulsory for all stallholders to attend. If a stallholder is unable to attend, apologies should be sent to the Market Manager.

m. Any issues of concern to stallholders should be raised with the Market Manager in the first instance.

n. Absolute compliance with Federal and Victoria Government and Mornington Peninsula Shire and Workplace Health and Safety (WHS) regulations is mandatory. In particular:

i. Where necessary, ’sneeze guards are to be erected between unpackaged food products and customers;

ii. Stallholders are to provide their own hand washing facilities; and

iii. Stallholders are to use disposable gloves when handling all fresh and processed produce/products with the exception of raw fruit, nuts and vegetables.

o. All heated appliances must have heat guards and caution signs – or be located well out of the reach of customers. Where gas appliances are used, stallholders are to provide their own firefighting equipment which, as a minimum, should comprise a powder ABE 2 kg fire extinguisher and fire blanket.

p. Due to power reticulation difficulties, electrically powered heaters, jugs (for personal use) and/or any electrical equipment with a heating element are not to be used at any time.

q. All electric power cords and electrical appliances must be ‘tested and tagged’  by a licensed inspector in accordance with Victoria Government legislative needs. 

19. Accordingly, the Committee reserves the right to inspect any producer’s property whose produce/products are sold at the Market. All stallholders must be prepared to be visited by an appointed representative(s) from the Committee during market hours. 

Code of Conduct

20. At all times, all stallholders must deal with each other and Market customers in a courteous and professional manner. Abusive and/or threatening behaviour will not be tolerated at any time or under any circumstances. Such behaviour may constitute grounds for immediate expulsion from the Market.

21. In particular, stallholders are expected to support the Market, the Market Manager and its Committee in all administrative/operational matters. Should a stallholder have a grievance(s) about any Market-related matter, they are expected to bring their grievance(s) to the attention of the Committee by first advising the Market Manager and/or any member of the Committee. Any wilful public disclosure(s) of any grievance(s) to other parties and/or the media will not be tolerated and will constitute a breach of the Rules and may be considered grounds for immediate expulsion. 

Disclaimer of Liability

22. Stall holders agree to indemnify the Market from any damage, expense or liability arising from any injury or damages to any person, including the general public, the vendor or others, occurring either in the space occupied by the stall holder or elsewhere arising out of its occupancy or anything connected with the occupancy. The Market will not be liable for any loss or damage to the property of the stall holders due to fire, robbery, accidents or any other cause whatsoever that may arise from use and occupancy of their Market site.

 

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