Market By-Laws

EL PASOL FARMERS MARKET MARKET BY-LAWS

MISSION: 

El PaSol Farmers Market is a Certified Farmers Market founded May 22, 2022. Our mission is to provide local organic farmers and small businesses a community in which they can showcase their produce, products, and unique arts. El Pasol Farmers Market is proudly owned by El Paso natives that have called this city their home. We have proudly served and aided over 100 small businesses in the community since our launch. Allowing for the community to engage with local farmers and vendors is our continued goal. 

 

CURRENT MARKET LOCATIONS:

  • Country Club
    • 1071 Country Club Rd. El Paso, TX
    • Fridays 5pm-9pm
    • Saturdays 10am-2pm & 6pm-10pm
    • Vendor/Food Truck arrival time 9am
    • Certified Farmers Market

     

    EL PASOL MANAGEMENT TEAM:

    Jacob “Jake” Tullius - Owner and Executive Director

     

    CONTACT INFORMATION:

    elpasolfarmersmarket22@gmail.com

     

    VENDOR REQUIREMENTS:

    1. Individuals must be 18 years or older. Otherwise all minors must be accompanied by their parent or legal guardian.
    2. Vendors who are the creator, designer, producer, or grower of items being sold are automatically approved so long as their products follow our guidelines.
      • Retail vendors whom are reselling products may only participate if their product has been approved by the Market Coordinator. In general retail items are only accepted if at the discretion of the Market Coordinator, the product is deemed a good fit for the market, does not conflict with any of our artisans' products, and follows our product guidelines.
    3. Vendors must be registered with us to sell at the market.
    4. In general, all vendors must have a tax identification number from the state of Texas to operate their business anywhere in Texas. This is a requirement of the state and vendors are susceptible to inspection by a Tax Officer at any given time, vendors who do not have their tax identification number are at risk of being fined and cited by the city of El Paso and the State of Texas.
      1. New Mexico vendors must apply for Texas Sales Tax ID from the local Texas Comptroller’s Office.
    5. Each vendor is responsible for procuring any necessary licensing and permits needed for their industry (i.e. Food Manager Certification, Nursery Floral License, TDA Organic Certification, DSHS Retail Hemp license, etc.) and submitting such documentation to elpasolfarmersmarket@gmail.com for record keeping.

     

    BOOTH FEES

    1. Vendor fees are considered Vendor Membership Fees. These are determined based on overall expenses of market day. Vendor membership fees are subject to change day-to-day, including during holiday weekends or special events. 
    2. Vendor fees are non-transferrable, non-refundable, and cannot be used as credit for future market days.
    3. All purchases must be made online - no cash payments will be accepted as these are not traceable for our bookkeeper or treasury team.
    4. Farmers, growers, and non-profit organizations have a free booth space at our market and are provided with a tent as well.
    5. All payments must be made online via our website. No cash, checks, money orders, or alternative payment methods will be accepted, all transactions must be processed via our website.
    6. The Market Coordinator will track all vendor payments.
    7. It is the responsibility of the vendor to keep track of the market dates they have purchased and pay for their space in a timely manner.
    8. Spaces are available on a first come first served basis via our website. If spaces are sold out online, you may request to be added to our waitlist.
    9. Vendors who do not follow market by-laws will not be allowed to participate in the market after three violations of any of these guidelines.
    10. Vendors are prohibited from selling their booth space to another vendor at a price that’s higher than ours.
      1. Vendors who sell their booth space may only sell their space to a registered vendor.
      2. Upon selling a booth space, the original receipt from our website must be exchanged, this is the proof of purchase. This provides security and record keeping for all parties involved.
      3. The market operational officer must be informed of such transactions.
      4. Vendors who purchase their booth space from another vendor are responsible of bringing their proof of purchase on arrival (either digital or printed)

    BOOTH SPACE

    1. All vendors’ booths must be 10’x10’ ft.
    2. A total of 95 vendor spaces are available
    3. Vendors who exceed 10’x10’ ft. space must pay for an additional space.
    4. Market spaces are assigned on a first come first served basis through our website. Vendors are not assigned permanent spaces except in the case of special events or at the discretion of the market coordinator. Such spaces will be made unavailable online.
      1. Permanent spaces are only granted to our farmers and growers. This rule may apply to select Hazardous Food Item Vendors and handicapped vendors at the discretion of the market coordinator.
    5. Vendors are responsible for their own booths, chairs, tables, and weather covers. Vendors are responsible for securing canopies against hazards such as wind and with concern for the safety of the public and other market vendors (TENT WEIGHTS ARE ALWAYS REQUIRED – no staking or drilling is allowed)
    6. Vendors must bring their own till to provide change for their customers.
    7. Vendors who use mobile POS systems (such as Square, PayPal, Clover, CashApp, Venmo, etc.) are prohibited by law from charging a convenience fee for using such payment methods. Violators of this law may be suspended for up to 2 months.

     

    AGRICULTURAL PRODUCT VENDORS

    A farmer, gardener, or food producer must comply with the Vendor and Temporary Food Establishment Permit Guidelines and must meet the following requirements:

    1. Each market will have at least 2 or more local farmers
    2. Farmers must grow their own product.
    3. All products sold must be of mercantile quality
    4. 75% of all agricultural products sold through our market must be grown in Texas
    5. Hold all required licenses and permits necessary from the Texas Department of Agriculture and comply with the farmers’ market guidelines of the Texas Department of State Health Services for their business operation.
    6. If the produce they are selling is organically grown, they must indicate on the application and furnish the proper documentation from the State of Texas, indicating that they are a certified organic farmer.
    7. All produce, meat, poultry, dairy, plant, and agricultural products must comply with all federal, state, and local health requirements.
    8. Licensing and produce documentation are subject to inspection by government health officials and the market coordinator at any time before, during, or after market hours. All products must be free of spoilage and parasites.
    9. Resale of produce or agricultural products is strictly prohibited unless the product can be sourced and traced back to a local farmer and the origin of the product is clearly labeled. No fresh food products will be allowed that a vendor purchased from a produce wholesaler.
    10. Potentially Hazardous Food items (PHFs): Any item that requires time and temperature control for safety and pathogen control such as refrigeration. This includes poultry, dairy, meat, fish, shellfish, and raw seed sprouts. Such Items are permitted in the Farmers’ Market as long as they comply with the following:
      1. Must obtain additional permitting from El Paso Department of Public Health (EPDPH).
      2. All items must be pre-packaged, sealed, and clearly labeled with the following:
        1. Ingredients used.
        2. Accurate statement of the product by weight, measure or numerical count.
        3. The Vendor’s name and place of business, email and phone number or website.
        4. Must include Commercial Kitchen information in place of Food Cottage labels.
        5. Packaged meats must be frozen and remain that way during the market
    11. Eggs being sold in the market directly from the farmer to the customer require additional EPDPH permitting and must be clearly labeled with the following:
      1. Producer’s name, address, and email address.
      2. Cartons must clearly contain the word “UNGRADED”
      3. Eggs must be stored at a temperature of 45 degrees Fahrenheit or lower.
    12. Sale of honey or honeycomb is permitted as long as:
      1. Honey is produced from a hive within 100 miles of the River Run Plaza inside the United States (honey from Mexico is prohibited).
      2. Honey is being sold by the managing beekeeper.
      3. Resale of honey is prohibited.
      4. Honey must be pure honey that is raw and not blended with any other product
      5. Contains a label that includes:
        1. Weight in both avoirdupois and metric systems.
        2. The beekeeper’s name, address, e-mail, and phone number
        3. The statement, “Bottled or Packaged in a facility not inspected by the Texas Department of State Health Services.”
    13. Sale of plants, flowers, dried herbs, coffee, teas, spices and similar products not typically cultivated or produced in region may be sold in the market with permission of the market coordinator
    14. Sale of raw milk is prohibited in the state of Texas.

     

    FOOD COTTAGE INDUSTRIES

    All baked goods or prepared and pre-packaged foods must be approved by the market coordinator and adhere to the Texas Bakers Bill HB 970. Food vendors distributing food product samples at the Farmers’ Market must have all necessary food handlers’ permits and follow safety rules and regulations for preparation of any product that has been altered from its natural state.

    1. All food vendors must have a food handlers’ card or certificate to sell at the market.
    2. Cottage industries may sell the following items at the market:
      1. Baked goods that do not require refrigeration such as cakes, cookies, breads, and pastries.
      2. Candy
      3. Coated and uncoated nuts
      4. Unroasted nut butters
      5. Fruit butters
      6. Canned jams and jellies
      7. Fruit pies
      8. Dehydrated fruits and vegetables including dried beans
      9. Popcorn and popcorn snacks
      10. Cereal, including granola
      11. Dry mixes
      12. Vinegar
      13. Cucumber pickles
      14. Mustard
      15. Roasted Coffee or dry  tea
      16. Dried herbs or herb mixes
    3. All food cottage goods must be properly labeled with the following items:
      1. The common name of the product.
      2. The name and complete contact information of the individual producer.
      3. Contains the following statement, “This food is made in a home kitchen that is not inspected by the department of State Health Services or local health department.”
      4. Disclose ANY allergens used in product
    4. Canned or acidified products (including salsas, pickled veggies, etc.) sales must be assembled within a licensed commercial kitchen and accompanied by additional state manufacturing licenses. Sales of such items are prohibited without proper documentation and labeling.
    5. Pet food to be sold at the market must follow the rules set forth on Chapter 63 “Pet Food Rules” of Title 4 from the Texas administrative code and must be clearly labeled with the following:
      1. A quantity statement on the principal label panel.
      2. Label should specify name and address of the vendor.
      3. Should not have any misleading information or not contain the word “proven” unless scientific evidence warranting claim is available.
      4. Should clearly indicate what use the food is meant for from the selection below:
        1. Intended for a specific stage of animal development
        2. Intended to satisfy a limited nutrient requirement
        3. Intended for supplemental diet only
        4. Intended as a complete food and satisfies all nutritional requirement.

     

    FOOD SAMPLES

    Any vendors distributing food product samples at the farmers’ market must follow the Farmers Market Bill HB 1382

    1. Samples must be distributed in a sanitary manner (for example, using a toothpick, portion cup, gloves, sample spoon, for individual servings)
    2. Have potable water available for hand washing along with a catch bucket.
    3. Wash any produce intended for sampling with potable water to remove any visible dirt or contamination
    4. When preparing samples wear clean, disposable gloves or observe proper hand washing techniques IMMEDIATELY before and after preparing samples.
    5. Any utensils or cutting surfaces used for preparing samples must be smooth, non-absorbent, and easily cleaned or disposed of.
      1. Use of utensils and boards requires a 3-compartment dish wash station (wash, rinse, sanitize) to cleanse utensils from contamination.
    6. Any potentially hazardous food must be maintained at or below 41 degrees Fahrenheit or disposed of two hours after cutting or preparing.

     

    ARTS & CRAFTS VENDORS:

    1. All vendors selling arts and craft items must make the items themselves. Art and artisanal goods should be original in concept and nature. Any locally handmade, home-crafted, or home-assembled arts and crafts, which have been made by the vendor or members of the vendor’s household, can be sold at the farmers’ market. Handmade or hand assembled means an item that has two or more distinctive parts combined and permanently attached by intent, labor, creativity, and skill to create a product made by a vendor are eligible.
    2. Per federal copyright infringement law, goods such as fabric, charms, or prefabricated items with copyrighted images such as but not limited to, Disney, NFL/NBA logos, DC, Marvel Comic Logos, Dr. Seuss, Loony Tunes, TMNT, etc. are strictly prohibited. These items are for individual household use only. Violators will be asked to remove and discontinue selling the items immediately and may be suspended for up to a two-month period.
    3. Arts and craft items may include leather goods, drawings, paintings, prints, photographs, woodwork, metal craft, ceramics, pottery, weaving, yarn work, macramé, needlework, beadwork, sculpture, jewelry, stitchery, sewing, embroidery, clothing, accessories, glasswork, natural fiber crafts, and basketry.
    4. Additional non-handmade, commercially pre-packaged items, such as candies, accessories, make-up etc., may not be sold at vendor booths.
    5. All items must compliment the family atmosphere (inappropriate or explicit language or imagery is not allowed).

     

    Mobile Food and Beverage Vendor:

    Mobile Food trucks, carts, bikes, or otherwise must contact the market coordinator for approval before being permitted to participate at any market location. Mobile food and beverage vendors that are permitted must follow these guidelines:

    1. Mobile food vendors must have a current mobile food permit, food handlers certificate and food managers certificate to sell at the market
    2. Mobile food vendors must have their attendance approved with the market coordinator.
    3. Mobile food vendors must have a hand wash station, a 3-compartment dish wash station, 5-gallon garbage container, disposable gloves, and proper temperature control for adequate food holding (keeping potentially hazardous foods either below 41 degrees Fahrenheit in cold storage or above 140 degrees Fahrenheit in a warmer).

     

    COOKING DEMONSTRATIONS

    Cooking demonstrations at the farmers’ market must be scheduled by the market coordinator and follow the Farmers Market Bill HB 1382.

    1. The chef or cook must have a current food manager certification from the state of Texas.
    2. Comply with the requirements for a Temporary Food Establishment Permit.
    3. The samples must be disposed of within 2 hours of demonstration.
    4. The chef or cook is not required to apply for a Temporary Food Establishment Permit.

     

    MARKET OPERATIONS

    1. Vendors must arrive no later than 30 minutes before any market location begins. If vendor arrives later than 30 minutes before market start time, they forfeit their purchased spot knowing no refunds will be given.
    2. Vendor’s vehicle needs to be moved out of the market ASAP. Arrive to the assigned spot, unload your supplies, and move the vehicle out of the market. If we see that a vendor is setting up their booth and their vehicle is still inside the market blocking traffic, vendor will be asked to move their vehicle.
    3. Vendors must stay for the full duration of the market. Regardless if a vendor sells out, doesn’t sell, or are having problems with their tent. Rain or shine we must stay open for the full duration. Breaking this rule, will subject you to suspension from the market and its events. Please contact the market coordinator if an accommodation must be made or if there is an urgent matter. This is out of respect to the other vendors, our market, and our guests.
    4. If you bring in your vehicle into the market, during market ours, when our customers are walking inside the market, you will be immediately banned. We take safety very serious, breaking this rule is a very serious offense.
    5. Your tent must have proper weights to prevent it from being blown over. Tent weights must be over 20 lbs. per tent leg. Anything less will be considered a safety violation.
    6. Spaces are assigned by our market management team during set-up. All layouts are based on safety and accessibility. The market management team is able to move and adjust vendor locations - should any last minute concerns arise.
    7. Vendors should park further than 4 parking rows in order to allow plenty of parking for expected customers.
    1. Your product must be homegrown, handmade, homemade, or a local product designed by you. All items sold that do not meet this criteria must be approved through the market management team. 

    WE DO NOT ALLOW people to come and resell other products from brands that do not belong to them, or people that want to come and sell used items (we are not a swap meet or a flea market, used items are prohibited at our market). Examples of Vendors We Do Not Allow: Someone who buys shoes, sunglasses, blankets, and jewelry in bulk from Juarez and wants to resell it at our market. Other example: Vendor wants to sell chips, candies, ice cream, and cookies they bought at Sam’s Club / Costco. Other example: Vendor selling a cosmetic brand as an independent distributor such as Avon and Mary Kay distributors. This is not the market for any of that, we strictly support farmers and artisans.

    1. No refunds under any circumstances other than if a vendor were accidentally charged more than once through our payment system, otherwise, credit will be issued to the vendor. If the market is forced to cancel on a specific date due to severe weather, vendors for that date will be issued credit.
    2. Vendors must clean up after themselves, if you leave trash behind in your space, you will be charged a $15 fee. All vendors must bring a 5-gallon (minimum) garbage container.
    3. If you see something you do not like, are not okay with, or disagree with, bring any concerns to the immediate attention of the market management team, do not confront a vendor / guest directly. Please leave those matters for our management team  to handle.

     

    1. Vendors must be respectful to everyone at this market. Bad mouthing, insulting, negative body language, or any type of rude behavior towards anyone will not be tolerated at all. If this is brought to the attention of the market coordinator, we will address the matter with the vendor and the vendor will not be allowed to come back to our market. The comfort and tranquility of the environment at our market is very important to all of us and is something we all take great pride in.

     

    1. No smoking and/or drinking alcohol is allowed at the farmers’ market before and during market hours, this applies to all vendors, staff, and guests. Any individual found to be intoxicated will be escorted off the property by our police officer on duty.

     

    1. Promote the market. Do yourself and the market a favor and promote consistently online. The effort of all vendors promoting helps out. If vendors don't promote, the market will not work well for you. Vendors who intentionally promote negative rhetoric in an effort hurt the market and dissuade the public from supporting the market will be banned from participating at the market.

     

    1. Vendors and recruiters are not allowed to promote markets or events that conflict and compete with our scheduled dates and times. It hurts our participating vendors and is also very disrespectful towards the market. Vendors can however, invite other vendors to participate at markets that occur during other dates and times.

     

    1. All vendors are responsible for staying updated through our primary means of communication which is via social media (instagram is our preferred method) and a working cell phone number.
    2. Tent rentals are available to vendors at an additional cost of $20. Tents are only available based upon limited availability and must be requested ahead of time. Tents rentals will only be provided upon confirmation from the market coordinator. Vendors that request a tent rental must agree to the terms instructions:
    • All vendors that are borrowing a tent must bring their own weights. Minimum of 20lbs. per leg.
    • Vendors must tear down their tents and turn them in to the designated tent drop-off area at the market once finished.
    • Handicapped vendors may request help staff with setting up and tearing down their tent.
    • Vendors agree that they are financially liable for any damages caused to the tent rental during its usage.
    • Vendors who fail to comply with these guidelines will no longer be permitted to borrow a tent.
    1. There are certain vendors that we cannot permit at this time due to over-saturation: Agua Fresca / Lemonade Vendors

     

    HOLD HARMLESS AGREEMENT

    This Hold Harmless and Indemnification Agreement is made with El Pasol Farmers Market, Upper Valley Investments, West Texas Promotions, and the Market Vendor, Ascarate Park, El Paso County Parks and Recreation, Cielo Vista Mall and is agreed upon when agreed and understood in registration process online. This will hold in agreement any time the vendor and its members participate in the event.

    NOW, THEREFORE, in good and valuable consideration the vendor and its members, intended to be legally bound, covenants and agrees as follows:

    Vendor shall protect, defend, indemnify, save and hold harmless, El Pasol Farmers Market, Upper Valley Investments, West Texas Promotions, and the Market Vendor, Ascarate Park, El Paso County Parks and Recreation, its own subsidiaries, officers, directors, employees and River Run Plaza, its owners, shareholders, officers, directors, employees and agents and any tenant or occupant of El Pasol Farmers Market, Upper Valley Investments, West Texas Promotions, and the Market Vendor, Ascarate Park, El Paso County Parks and Recreation, and any fee owner or ground or underlying of River Run Plaza and any fee owner or ground or underlying lessors of El Pasol Farmers Market, Upper Valley Investments, West Texas Promotions, and the Market Vendor, Ascarate Park, El Paso County Parks and Recreation, against and from any and all claims, demands, fines, suits, actions, proceedings, orders, decrees and judgments of any kind or nature by of in favor of anyone whomsoever, and against and from any and all costs, damages and expenses, including attorneys’ fees, resulting from, or in connection with, loss of life, bodily or personal injury or property damage arising directly or indirectly, out of or from, or on account of, any directly or indirectly, out of or from, or on account of, any accident or other occurrence in, upon, at or from the Premises, or occasioned in whole or in part through the negligent use of occupancy of the Premises, or by any negligent use of the occupancy of the Premises, or by any negligent act or omission El Pasol Farmers Market, Upper Valley Investments, West Texas Promotions, and the Market Vendor, Ascarate Park, El Paso County Parks and Recreation, or any employees, agents, contractors or invitees in, upon, at or from the Premises or its appurtenances or any part of El Pasol Farmers Market, Upper Valley Investments, West Texas Promotions, and the Market Vendor, Ascarate Park, El Paso County Parks and Recreation.

    If you have any concerns, questions, or suggestions please email:

    elpasolfarmersmarket22@gmail.com

    Jake Tullius

    Owner

    Our Mission

    Our mission is to provide local organic farmers and small businesses a community in which they can showcase their produce, products, and unique arts.

    Additionally, our mission is to provide education to our local community in agriculture, evolving green energy, and local healthy eating habits.

    Our outreach includes multiple collaborative efforts, with an emphasis on local, minority, low socioeconomic, diverse groups

    Our Team Members

    Say hello to our awesome team members!

    Jake Tullius - Owner | Executive Director