All stallholders must submit an application form prior to trading at the market. By submitting an application form and the payment of the stallholder’s fee or the commencement of trading at Railway St. Fresh Food & Produce Market, stall holders agree to be bound by these general terms of trade and conditions.

Definitions

Market: Means Railway St. Fresh Food & Produce Market.

Primary produce: Livestock, crops, vegetables and fruit grown by the stall holder (or a family or staff member directly involved with growing the produce or production); seafood, game and foraged foods (salt, freshwater, wild or farmed) that has been caught, hunted or gathered with appropriate permits and licenses. Pre-packaged produce is excluded under this definition.

Value-added products: Whereby the raw/fresh food/ingredients are modified by means of a cooking or related process e.g.: brining, fermenting, marinating, smoking, drying, that process made by the stallholders, within the region with at least 50%of the ingredients grown in the region. Products should be designed to showcase local ingredients and be signed and labeled as such.

Ready-to-eat foods: Wholly made locally, with at least 50% of the ingredients grown in the region and meeting regulatory health and safety requirements. Products should be designed to showcase local ingredients and be signed and labeled as such.

Garden inputs derived from an entire production life cycle that takes place on the producer’s propertyi.e. worm farms and their associated by-products. fertilisers such as poultry manure, pea straw and lucerne.

Other farmed products: Floriculture and Horticulture – not for human consumption, but grown and produced by farmers. e.g. potted plants and herbs, cut flowers and pet food.

Small livestock and poultry: that has been farm-reared and is edible, predominantly raised on the producer’s farm for live sale. e.g. poultry, lambs, piglets, kid goats.

Non-food products made from primary product/s: At least 50% of the final weight of the non-food item must be a product which the stall is authorised to sell as a food item or a by-product from the production of this food item (e.g. beeswax). The remaining percentage of the product must use local ingredients, unless the stall holder has an exemption.

Books & craft are at the discretion of the On The Grow committee or its representative.

Genetically modified organisms will not be allowed.

Farmer: persons, family member or staff who earn their livelihood from the land.

Producer: A person who buys produce from a farmer or grower and adds value to the farm produce, such as bakers etc.

Stallholder: Means people who have completed the application form, paid the Market fee and have been accepted as a stallholder by the On The Grow committee for the Railway St. Fresh Food & Produce market. This definition also includes the stallholder’s family members and staff employed by the stallholder on Market day.

Reseller: Means a person or business that buys produce or products from either a farmer or producer, as described above, for the purpose of reselling and has no involvement in the growing or production stage.

Non-commercial growers: A non-commercial grower is someone who grows produce for their own consumption (e.g. home gardener) rather than as a commercial enterprise and who has excess produce they wish to sell rather than give away or throw away. The rules applying to this category of stallholder specifically exclude producers who grow for profit.

Non-commercial growers are expected to adhere to the same guidelines, best practices and code of conducts  as commercial growers.

Trading Day: Thursday from 3.pm to 6.pm

Arrival & Departure times

Set-up time: from 1.30pm to 2.45pm. Vehicles are allowed on the market precinct to unpack at the stallholder’s allocated site and currently may park behind their stall.
Pack-up time: commences at 6.pm and all stallholders must be packed up within one hour of the end of trading time. On entering or leaving the market precinct to set up or pack up, all drivers must activate their vehicle’s hazard lights.

In the event that any stallholder sells out of product prior to market closing time, stallholders are not permitted to pack up and leave early, or move their vehicle from the market site, unless with the express agreement of the manager of the market.

Market eligibility preferences

On The Grow Southern Highlands committee, through the Railway St. Fresh Food & Produce Market, will give preference to all produce that originates predominantly from the Southern Highlands and its surrounds. It will include produce from its wider home state of New South Wales in its preference to bring premium quality fresh food and produce to the public, and therefore will give priority to stallholders who are:

a) Certified Organic farmers

b) Chemical-free produce farmers who are committed to organic principles but have not been certified organic

c) Resellers of organic certified products

d) Resellers of natural products that are chemical free

Note: where a producer or reseller claims their product to be organic, the committee and manager of the Railway St, Fresh Food & Produce Market reserve the right to request a copy of the certificate of organic certification.

It is the intention of the On The Grow committee, through the market manager,  to have a diverse, rich mix of stallholders and therefore the committee and manager retain the right to limit the number of  stallholders at each market who are engaged in trading the same or similar produce/product.

Should a stallholder be accepted to trade at the market, at their discretion On the Grow and Railway St Fresh Food Market reserve the right to withdraw or refuse acceptance to a stallholder from the market at any time, and for any reason.

On The Grow Southern Highlands Inc. will not be liable to a stallholder in relation to any loss or damage a stallholder may suffer as a result of the market’s  refusal or withdrawal of acceptance into the market.

Equipment

Unless the use of certain equipment is specified by On The Grow Southern Highlands Inc., stallholders should use their judgement as to what equipment is required for the selling of their products. We do not supply equipment. Therefore all stallholders are required to supply their own 3 x 3 metre or smaller gazebo, sandbags, water canisters, ropes to secure the gazebo to the ground, benches, counters and tables and chairs.

Each stallholder is restricted to their stall space and must comply with all relevant laws, including OH&S requirements. No produce or other materials (except signs) may be placed in aisles or on the ground in front of stalls.

All signs, flags etc. must be placed within one metre of the stall boundary.

The market manager may direct stallholders where to place certain equipment or signage, and has the authority to also request stall holders to remove dangerous, faulty or unsightly equipment or signage.

Extraordinary charges, fees or other costs

Should On The Grow Southern Highlands market incur any extraordinary expense, cost or other charges which are additional to its standard costs of operating the markets as a result of a stallholder or stallholder activity at the markets, On The Grow Southern Highland Inc. market reserves the right to pass on in full to that stallholder any of these additional extraordinary expenses.  Examples of these extraordinary charges include (but are not limited to): the cost of maintenance to Wingecarribee Shire Council equipment; extraordinary cleaning charges or contract electrical charges (due to the use of stallholders’ faulty equipment). You, the stallholder, agree that you are liable for these extraordinary additional charges, and will reimburse On the Grow Southern Highland Inc market in full.

Food stallholders:

You must register your business in accordance with all relevant legislation and regulations.

In New South Wales (NSW) you must register via the following website:

http://www.foodnotify.nsw.gov.au/nafsis/index.cfm?action=home

In addition, stallholders working with temperature-controlled foods must also undertake a Food Safety Supervisor course. Details are available at http://www.foodauthority.nsw.gov.au

Stallholders remain liable for compliance with all laws. On The Grow Southern Highland Inc. market assumes no liability for stallholders’ compliance with legal obligations and stallholders indemnify On The Grow Southern Highlands Inc. market for any stallholder’s breach of any law.

Products for sale

We endeavour to represent a broad range of producers within, though not confined to, the food groups outlined below:

  • Vegetable/Fungi/Fruit
  • Meat/Seafood/Poultry/Small Goods/Game
  • Dairy/Ice Cream
  • Eggs
  • Honey/Jams/Preserves/Condiments
  • Oils/Nuts/Grains/Pasta
  • Bread/Baked Products
  • Wine/Beer/Cider/Juice/Other Beverages
  • Flowers/Plants/Herbs/Seedlings, Compost and Mulch
  • Ready-to-eat food

All products for sale must be approved by the Railway St. Fresh Food & Produce market manager. Should stallholders wish to change the mix of products offered for sale from their original approved application, they must apply in writing to the On The Grow market manager. The market manager reserves the right to specify or refuse approval of certain types of product a stallholder may sell on any market day.

Insurances

All stallholders must have current public and product liability insurance providing a minimum of $20 million cover. Stallholders must provide evidence of current insurance prior to trading at Railway St. Fresh Food & Produce Market.

Stallholders must also have current applicable Work Cover Insurance for all employees.

Liability and indemnity

On The Grow Southern Highland Inc. will not be liable for any injury (including death), loss or damage suffered by the stallholder from or in connection with its activities conducted at the market.

Stallholders will indemnify and keep indemnified On The Grow Southern Highland Inc. against:

a) any extraordinary damages, loss, cost and expenses or liability incurred by On The Grow Southern Highland Inc. or
b) any claim, action or proceedings made against On The Grow Southern Highland Inc. arising out of the use and occupation of the stallholder or out of the conduct of any activity of the stallholder at or in connection with the market

Parking

Limited free parking is available on and around the market precinct. Stall holders must comply with all local parking restrictions:

Parking illegally or hindering the normal flow of traffic in and around the market site could jeopardise the continuing operation of the market and is not permitted

Stallholders remain liable for any parking infringement notices, damage to vehicles or related issues regarding parking of their vehicles.

Payment

New or Casual stall fee must be paid in advance.

Permanent stall holders can pay on market day

Stall fees

Commercial  Standard 3 x 3   Metre Gazebo $45.00

Commercial Small        2 x 2.5 Metre Gazebo $35.00

Non-commercial (backyard gardeners 1.8 x 1.8 space $25.00 ) Limited space available.

Power: may be available to some stall holders at an extra cost

Stall fees are non refundable.

Railway St. Fresh Food & Produce Market is an all-weather market and will operate rain, hail or shine. Stall fees are not refundable to stallholders should they not attend for any reason or due to weather. Do not apply if you are not prepared to trade in all weather. It is the responsibility of each stallholder to protect their products, and stallholders must have the necessary protection gear or equipment to do so. On The Grow Southern Highlands Inc. will not be liable to stallholders for damage or broken items, however caused.

Rubbish, waste & recycling

The market will provide stallholders with directions onsite for the disposal and removal of rubbish. It is the responsibility of the stallholders to remove the waste they generate from their stall, such as product packaging, food waste etc. Failure to do so will incur for the stallholder the extraordinary additional cleaning charges mentioned in the above clause.

The stallholder’s site must be left in the condition in which it was found.

Market stall sites

Stallholders obtain no rights, interest or title in a site and cannot transfer or otherwise deal with a site. This rule applies irrespective of the tenure of a stallholder or any advance payment made. Stallholders agree and acknowledge that the market management can move stallholders to different locations within the market when required on different days or refuse entry to a stall holder at their sole discretion.

Stall requirements

All stallholders must use gazebos, trestle tables or whatever is required by local food legislation and regulations. Trestle tables must be covered to a reach of at least ¾ the depth of the table legs on all sides. Stall holders to bring their own weight-down equipment such as sand bags or water weight-holder and tie cord to secure their gazebos in case of windy conditions.

Product for sale must be displayed in a visually attractive manner. Reserve stock, storage boxes and other items not for sale or display must be stored under tables, in such a manner that it cannot cause trip hazards to either the stall holder or members of the public.
All Food products must stored and display correctly, no vegetables (e.g. pumpkins, large marrows etc.) are to be displayed on the ground, but must be boxed.

Presentation and behaviour

Stallholders must be clean and neatly presented.

Stallholders must be polite and well-manner to the market staff, management and public at all times. Stallholders must comply with the direction of the market management at all times.

Rudeness or ignoring the instruction of the market management, or any anti-social behaviour, will be considered a breach of these terms and conditions, and may result in immediate dismissal from the market site, with no refunds of market fees.

Stall position allocation

Stall position allocation within the market site at all times will be at the discretion of the market management.

Holidays & absences

It will be appreciated that permanent stall holders give two weeks notice before they temporarily vacate the market for holidays, or must be absent from the market for any personal reason such as illness.