Q&A
New Food Rules
for San Jose Farmers’ Markets
F ARMERS ’ M ARKETS …
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 . H OW 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.
C AN 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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W HERE CAN A FARMERS ’ MARKET LOCATE ?
Farmers’ markets are allowed in the following districts:
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.
•
•
•
•
•
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
W HAT PERMITS DOES MY ORGANIZATION NEED TO
START AND OPERATE A C ERTIFIED F ARMERS ’
M ARKET ?
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.
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R EQUIRED P ERMITS FOR ALL C ERTIFIED F ARMERS ’ M ARKETS
You’ll need this
permit…
Health Permit Agriculture Certificate Business License/ Tax Registration From this County or City agency…
Santa Clara County Department of Environmental Health www.sccgov.org/sites/deh/Consumer%20Pro
tection%20Division/paf/Pages/PermitsApplic
ationsFees.aspx Santa Clara County Division of Agriculture www.sccgov.org/sites/ag/Farmers'%20Marke
ts/Pages/Farmers'-­‐Markets.aspx City of San Jose Department of Finance www.sanjoseca.gov/index.aspx?NID=1154 Application available at:
www.sccgov.org/sites/deh/Consumer%2
0Protection%20Division/paf/Documents/
CPD_Permit_Application.pdf To apply, call: (408) 918-­‐4600 www.sanjoseca.gov/DocumentCenter/Vi
ew/3000 R EQUIRED P ERMITS FOR M ARKETS ON P RIVATE P ROPERTY
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…
Special Use Development Permit Department of Planning, Building and Code Enforcement (PBCE) www.sanjoseca.gov/DocumentCente
r/Home/View/624 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) OCA’s One-­‐Start Application: www.sanjoseculture.org/one-­‐start Have more than 15 agricultural vendors? Set up tents? Have people selling prepared foods? Application available at:
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R EQUIRED P ERMITS FOR M ARKETS ON P UBLIC P ROPERTY
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.”
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/DocumentCent
er/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? Department of Transportation OCA’s One-­‐Start Application: www.sanjoseculture.org/one-­‐start Transportation Permit Do you plan to…
First contact Real Estate: cityownedproperty@sanjoseca.gov (408) 975-­‐7400 Locate on public Real Estate property not listed here? Authorization Real Estate Services & Asset Management Require use of city source of electricity? Electric Load Worksheet & Payment Department of Public Works OCA’s One-­‐Start Application: www.sanjoseculture.org/one-­‐start Locate in a City Paseo or Plaza? OCA Permit Office of Cultural Affairs (OCA) OCA’s One-­‐Start Application: www.sanjoseculture.org/one-­‐start Locate Downtown? Need more than one permit? One Start Outdoor Special Event Application (Multiple Permits) OCA’s One-­‐Start Application: www.sanjoseculture.org/one-­‐start Page
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D O THE FARMERS AND VENDORS SELLING AT OUR
F ARMERS ’ M ARKET 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.
W E ARE JUST PLANNING TO START A SMALL
MARKET . D O 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.
H OW 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.
B.
Have been certified by the Santa Clara County agricultural commissioner through
the issuance of a current and valid certified farmers' market certificate; and
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.
_________________________
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
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